Insurance_Requirements.pdf

2023-RFP-389

Marine Waste Oil and Bilge Water

Pumping and Disposal Services: Phase 2

Insurance Requirements

Contractor shall, at the Contractor’s own expense, procure and maintain for the duration of this contract, with an insurance carrier authorized or eligible under RCW Chapter 48.15 to do business in the State of Washington, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder and the results of the work by Contractor, their agents, representatives, employees, or subcontractors. With respect to General Liability and Pollution Liability, coverage should be maintained for a minimum of five (5) years after contract completion.

Coverage shall be at least as broad as outlined below:

A. Commercial General Liability (CGL): CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits of not less than $2,000,000 per occurrence and $4,000,000 general aggregate. This coverage shall include blanket contractual liability coverage. This coverage shall include a cross-liability clause or separation of insured condition.

B. Commercial Automobile Liability: Commercial Automobile Liability Insurance covering the ownership, maintenance, and/or use of all owned/leased, non-owned, and hired vehicles used in the performance of the work, with limits of not less than $1,000,000 per accident with a combined single limit for bodily injury and property damage liability. If pollutants are to be transported, MCS 90 and CA 9948 (in transit pollution risk coverage) endorsements are required unless in-transit pollution risk is covered under a pollution liability insurance policy. The required limits can be satisfied by any combination of primary, umbrella, or excess policy.

C. Pollution Liability: Pollution Liability Insurance with a combined single limit per occurrence of not less than $5,000,000 or the equivalent. Such insurance shall provide coverage for bodily injury, including death; loss or damage to property, including loss of use of damaged property or of property that has not been physically injured; cleanup costs; and costs and expenses incurred in the investigation, defense or settlement of claims. Such coverage shall provide coverage for both on-site and off-site clean-up costs and cover gradual and sudden pollution.

D. Workers’ Compensation: Contractor shall comply with Worker’s Compensation coverage as required by the Industrial Insurance laws of the State of Washington

E. Employers’ Liability (Stop Gap): Employers’ Liability Insurance with limits not less than $1,000,000 each accident for bodily injury by accident, $1,000,000 each employee for bodily injury by disease, and $1,000,000 bodily injury by disease policy limit.

F. United States Longshore and Harbor Workers (USL&H): Insurance coverage in compliance with the statutory requirements of the U.S. Longshore and Harbor Worker’s Compensation Act (LHWCA)

G. Protection & Indemnity Insurance Including Jones Act: If this Contract involves marine activities, or work from a boat, vessel, or floating platform, the Contractor shall procure and maintain Protection and Indemnity (P&I) coverage including collision liability, injury to crew (Merchant Marine Act of 1920 – Jones Act) and passengers, removal of wreck and liability for seepage, pollution, containment and cleanup using form SP-23 or SP-38 or a form as least as broad.

If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, Pierce County requires and shall be entitled to the broader coverage and/or higher limits maintained by the Contractor.

Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions:

Additional Insured Status Pierce County, its officers, officials, employees, and volunteers are to be covered as additional insureds on the Commercial General Liability, Commercial Automobile Liability, and Pollution Liability policies.

Primary Coverage For any claims related to this contract, the Contractor’s insurance coverage shall be primary and non-contributory. Coverage for commercial liability shall be at least as broad as ISO CG 20 01 04 13 as respects Pierce County, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by Pierce County, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it. This requirement shall also apply to any Excess policies.

Umbrella or Excess Policy The Contractor may use Umbrella or Excess Policies to provide the liability limits as required in this agreement. This form of insurance will be acceptable provided that all of the Primary and Umbrella or Excess Policies shall provide all of the insurance coverages herein required, including, but not limited to, primary and non-contributory, additional insured, Self-Insured Retentions (SIRs), indemnity, and defense requirements. The Umbrella or Excess policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying insurance.

No insurance policies maintained by Pierce County, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Contractor’s primary and excess liability policies are exhausted.

Notice of Cancellation In the event of nonrenewal, or cancellation of, or material change in the coverage required, thirty (30) days written notice will be furnished to Pierce County prior to the date of, change or nonrenewal, such notice shall be sent to the Pierce County Risk Manager, 950 Fawcett Avenue, Tacoma, WA 98402.

Waiver of Subrogation Contractor hereby grants to Pierce County a waiver of any right to subrogation which any insurer of said Contractor may acquire against Pierce County by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not Pierce County has received a waiver of subrogation endorsement from the insurer.

Self-Insured Retentions Self-insured retentions must be declared to and approved by Pierce County. Any and all deductibles and SIRs shall be the sole responsibility of Contractor and shall not apply to the Indemnified Additional Insured Parties. Pierce County reserves the right to obtain a copy of any policies and endorsements for verification.

Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the State of Washington with a current A.M. Best’s rating of no less than A-:VII.

Verification of Coverage Contractor shall furnish Pierce County Risk Management with original certificates and amendatory endorsements. All certificates and endorsements are to be received and approved by Pierce County Risk Management prior to commencement of work.

However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. Pierce County reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

Special Risks or Circumstances Pierce County reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

Any modification to these requirements shall be made in writing, by a mutually agreed amendment signed by both parties.

Contractor agrees to assume the risk of loss or damage regardless of cause, whether or not insured, until the job is accepted by the County Executive or his designee. Pierce County shall have no obligation to report occurrences unless a claim has been properly filed pursuant to relevant provisions in the Revised Code of Washington (RCW).

It is further provided that no liability shall attach to the County by reason of entering into this contract, except as expressly provided herein.