EXHIBIT B. Insurance_Revision 1_3-7-24.pdf

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Attached to
2024 VESSEL FOR CASCADE HEAD HOOK-N- LINE SURVEYS
Solicitation number
S-63500-00009431
Issued by
Klamath County, Oregon

About this file

This document is a revised insurance exhibit from the State of Oregon for a contract opportunity related to providing a vessel, operator, and fishing equipment to assist the Oregon Department of Fish and Wildlife in conducting hook-and-line fishing surveys. The contractor must obtain various insurance coverages, including workers' compensation, general liability, marine protection and indemnity, and additional insured endorsements. The insurance requirements also include provisions for waiver of subrogation, tail coverage, and State acceptance of insurance providers. The related contract opportunity is for a 2024 vessel for surveys in Lincoln County and Newberg City, Oregon. The contractor is expected to provide an at-sea vessel, operator, deckhands, and fishing equipment to support the agency's hook-and-line fishing surveys.

The insurance exhibit outlines the minimum insurance coverage limits and terms, including per occurrence and aggregate limits. The contractor must provide certificates of insurance and related documentation to the agency prior to contract performance. The agency reserves the right to periodically review and update the insurance requirements over the course of the contract term.

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Text version

EXHIBIT B (Revision 1)

REQUIRED INSURANCE

SECTION 1: REQUIRED INSURANCE

CONTRACTOR shall obtain at CONTRACTOR’s expense the insurance specified in this Exhibit B, prior to performing under this Agreement, and shall maintain it in full force and at its own expense throughout the duration of this Agreement and any warranty periods that apply, or such longer period as described in the tail coverage provisions below, if those provisions 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 Agency. Coverage shall be primary and non-contributory with any other insurance and self-insurance. CONTRACTOR shall pay for all deductibles, self-insured retention and self-insurance, if any.

1.1 WORKERS COMPENSATION AND EMPLOYER’S LIABILITY

All employers, including CONTRACTOR, shall provide workers' compensation insurance as required by applicable workers’ compensation laws for persons performing work under this Agreement and shall obtain Employers’ Liability Insurance with limits of not less than $500,000 each occurrence.

CONTRACTOR shall require and ensure that each of its subcontractors complies with these requirements.

1.4 MARINE PROTECTION AND INDEMNITY:

Required

Marine Protection and Indemnity Coverage. Contractor shall obtain, at contractor’s expense, and keep in effect during the term of this contract, Marine Protection, and Indemnity coverage.

Per occurrence limit for any single claimant: $1,000,000

Per occurrence limit for any number of claimants: $2,000,000

SECTION 2: ADDITIONAL INSURED:

All liability insurance, except for Workers’ Compensation, Professional Liability, and Network Security and

Privacy Liability (if applicable), required under this Contract must include an additional insured endorsement specifying the State of Oregon, its officers, employees and agents as Additional Insureds, including additional insured status with respect to liability arising out of ongoing operations and completed operations, but only with respect to Contractor's activities to be performed under this

Contract. Coverage shall be primary and non-contributory with any other insurance and self-insurance.

The Additional Insured endorsement with respect to liability arising out of your ongoing operations must be on ISO Form CG 20 10 07 04 or equivalent and the Additional Insured endorsement with respect to completed operations must be on ISO form CG 20 37 04 13 or equivalent.

SECTION 3: WAIVER OF SUBROGATION:

Contractor shall waive rights of subrogation which Contractor or any insurer of Contractor may acquire against the Agency or State of Oregon by virtue of the payment of any loss. Contractor will obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the Agency has received a waiver of subrogation endorsement from the

Contractor or the Contractor’s insurer(s).

SECTION 4: TAIL COVERAGE:

If any of the required insurance is on a claims made basis and does not include an extended reporting period of at least 24 months, Contractor shall maintain either tail coverage or continuous claims made liability coverage, provided the effective date of the continuous claims made coverage is on or before the effective date of this Contract, for a minimum of 24 months following the later of (i) Contractor’s completion and Agency’s acceptance of all Services required under this Contract, or, (ii) Agency or

Contractor termination of contract, or, iii) The expiration of all warranty periods provided under this

Contract.

SECTION 5: CERTIFICATE(S) AND PROOF OF INSURANCE:

Contractor shall provide to Agency Certificate(s) of Insurance for all required insurance before delivering any Goods and performing any Services required under this Contract. The Certificate(s) shall list the State of Oregon, its officers, employees and agents as a Certificate holder and as an endorsed Additional

Insured. The Certificate(s) shall also include all required endorsements or copies of the applicable policy language effecting coverage required by this contract. If excess/umbrella 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 insurance. As proof of insurance Agency has the right to request copies of insurance policies and endorsements relating to the insurance requirements in this Contract.

SECTION 6: NOTICE OF CHANGE OR CANCELLATION:

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

SECTION 7: INSURANCE REQUIREMENT REVIEW:

Contractor agrees to periodic review of insurance requirements by Agency under this agreement and to provide updated requirements as mutually agreed upon by Contractor and Agency.

SECTION 8: STATE ACCEPTANCE:

All insurance providers are subject to Agency acceptance. If requested by Agency, Contractor shall provide complete copies of insurance policies, endorsements, self-insurance documents and related insurance documents to Agency’s representatives responsible for verification of the insurance coverages required under this Section.

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