Att C_Insurance Requirements.docx

Attachment C

INSURANCE REQUIREMENTS

“Contract” in this attachment means the contract formed by ODOT’s acceptance of the Contractor’s quote through issuance of a PO.

Contractor shall obtain at Contractor’s expense the insurance specified in this Attachment C prior to performing under the Contract and shall maintain it in force and at its own expense throughout the duration of the Contract, and as required by any extended reporting period or tail coverage requirements, and all warranty periods that may apply. Contractor shall obtain the following insurance from insurance companies or entities that are authorized to transact the business of insurance and issue coverage in the State of Oregon and that are acceptable to ODOT. Coverage shall be primary and non-contributory with any other insurance and self-insurance with exception of Professional Liability and Workers’ Compensation. Contractor shall pay for all deductibles, self-insured retention and self-insurance, if any.

SUBCONTRACTORS:

Contractor shall require that all of its subcontractors carry insurance coverage that the Contractor deems appropriate based on the risks of the subcontracted work. Contractor shall obtain proof of the required insurance coverages, as applicable, from any subcontractor providing Services related to the Contract.

WORKERS’ COMPENSATION & EMPLOYERS’ LIABILITY

Required by ODOT of Contractors with subject workers, as defined by ORS 656.027.

All employers, including Contractor, that employ subject workers, as defined in ORS 656.027, shall comply with ORS 656.017 and shall provide Workers' Compensation Insurance coverage for those workers, unless they meet the requirement for an exemption under ORS 656.126(2). The coverage shall include Employer’s Liability Insurance with limits not less than $500,000 each accident. Contractor shall require compliance with these requirements in each of its subcontractor contracts.

All employers, including the Consultant and Subcontractor(s), if any, that are exempt under ORS 656.126(2) and subject to any other state’s Workers’ Compensation law, shall provide Workers’ Compensation Insurance coverage as required by applicable Workers’ Compensation laws. The coverage shall also include Employer’s Liability Insurance with limits not less than $500,000 each accident.

COMMERCIAL GENERAL LIABILITY

|X| Required Commercial General Liability insurance must be issued on an “occurrence basis” covering “bodily injury” and “property damage” and shall include personal and advertising injury liability, products and completed operations, and contractual liability coverage.

· Coverage shall be written on an occurrence basis in an amount of not less than |X| $1,000,000 |_| $2,000,000 |_| $5,000,000 per occurrence.

· Annual aggregate limits shall not be less than |X| $2,000,000 |_| $4,000,000 |_| 10,000,000.

AUTOMOBILE LIABILITY

|X| Required |_| Not required Automobile Liability insurance covering Contractor’s business-related automobile use covering all owned, non-owned, or hired vehicles for “bodily injury” and ”property damage”, with a combined single limit of not less than |X| $1,000,000 |_| $2,000,000 |_| $5,000,000.

EXCESS/UMBRELLA LIABILITY INSURANCE:

A combination of primary and Excess/Umbrella Liability insurance may be used to meet the required limits of insurance.

NOTICE OF CHANGE OR CANCELLATION:

The Contractor or its insurer must provide at least 30 days’ written notice to ODOT before cancellation of, material change to, potential exhaustion of aggregate limits of, or non-renewal of the required insurance coverage(s).

CERTIFICATE(S) AND PROOF OF INSURANCE:

Contractor shall provide to ODOT Certificate(s) of Insurance for all required insurance before delivering any Goods or performing any Services required under the Contract. The Certificate(s) shall:

· Endorse the “State of Oregon, the Oregon Transportation Commission and the Department of Transportation, and their respective officers, members, agents and employees” as an endorsed Additional Insured.

· Include all required endorsements or copies of the applicable policy language effecting coverage required by this Contract.

· Specify that all liability insurance coverages shall be primary and non-contributory with any other insurance and self-insurance, with exception of Workers’ Compensation

· If Excess/Umbrella Liability insurance is used to meet the minimum insurance requirement, the Certificate of Insurance must include a list of all policies that fall under the Excess/Umbrella Liability insurance.

· List the following as a Certificate Holder:

ODOT District 5 Maintenance Attn: Mike Metz 455 Airport Rd SE Bldg B Salem OR 97301

ENDORSEMENTS:

i. Additional Insured. The liability insurance coverages, except Professional Liability or Workers’ Compensation/Employer’s Liability, if included, required for performance of the Contract must include an "additional insured" endorsement endorsing the “State of Oregon, the Oregon Transportation Commission and the Department of Transportation, and their respective officers, members, agents and employees.” Coverage shall be primary and non-contributory with any other insurance and self-insurance. Proof of additional insured status will include copies of endorsements or policy wording which must be submitted with the Certificate(s) of Insurance.

ii. Commercial General Liability must endorse the “State of Oregon, the Oregon Transportation Commission and the Department of Transportation, and their respective officers, members, agents and employees” as additional insureds with respect to liability arising out of work or completed operations performed by, or on behalf of, the Contractor including materials, parts, or equipment furnished in connection with such work or operations. The coverage shall contain no special limitations on the scope of its protection afforded to the above-listed insureds.

iii. The additional insured endorsements must be acceptable to ODOT.

STATE ACCEPTANCE:

All insurance and insurance providers are subject to State acceptance. In addition, all of the following are subject to Agency acceptance and, if requested by Agency, the Consultant shall provide complete copies of the following to Agency’s representatives responsible for verification of the insurance coverages required by the Contract: insurance policies, endorsements, self-insurance documents and related insurance documents.

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