PWP_BESS_Project_-_Template_Insurance_Recs.docx

Without limiting Contractor's liability under this Agreement, Contractor shall obtain and maintain at its sole cost and expense, with insurance companies having an AM Best's Rating of A- VII or better, or otherwise acceptable to Owner, the insurance described below during the entire term of this Agreement. Coverage limits shall be no less than the minimums indicated.

Workers’ Compensation insurance to cover statutory limits of the Workers’ Compensation laws of the state in which work is taking place, and Employer’s Liability insurance with limits no less than the than the amount of $1,000,000 each accident, $1,000,000 each employee, $1,000,000 in the aggregate.

Commercial General Liability Insurance with limits no less than $1,000,000 per occurrence, $2,000,000 in the aggregate, $2,000,000 products-completed operations written on an occurrence ISO Form CG 00 01 04 13, or other form acceptable to Owner. Aggregate limits shall apply on a per project or per location basis. Products-completed operations coverage shall apply through the expiration of all applicable statutes of limitation and statues of repose. Such coverage shall include products/completed operations liability, explosion, collapse and underground damage liability (i.e., explosion, collapse and underground hazards), Wildfire liability including suppression costs, contractual liability covering the obligations assumed by Contractor herein, with respect to Contractor and its Subcontractors. To the extent that exposure exists, such policy shall have no exclusions related to railroad liability, aircraft liability, or watercraft liability, unless coverage is provided by separate policy.

Commercial Automobile Liability including coverage for all owned, non-owned, hired and leased vehicles, including loading and unloading, with limits no less than $1,000,000 combined single limit for bodily injury and property damage. Coverage shall be at least as broad as the most current ISO CA 00 01 form. Coverage shall include pollution coverage on ISO form CA 99 48, or its equivalent. If the Work includes transportation of Hazardous Waste, a compliant MCS-90 shall be endorsed.

Umbrella/Excess Liability Insurance on a follow-form basis including drop down coverage with limits no less than $20,000,000 per occurrence/aggregate. Such coverage shall be on an occurrence form and shall provide coverage in excess of the Employer’s Liability, Commercial General Liability, and Business Automobile Liability. Such coverage shall not contain any endorsements that restrict the underlying policies or exclude cross-liability.

Professional Liability Insurance with limits no less than $2,000,000 per claim and in the aggregate for liability arising out of negligent acts, errors or omissions or willful misconduct in the performance of the Work including consequential financial loss. If coverage is on a “claims made” form, the retroactive date shall precede the commencement of any Work under this Agreement. Coverage must be maintained, or an extended reporting period must be purchased, for a minimum of three (3) years following completion of all Work.

Contractor Pollution Liability Insurance l providing coverage against claims for bodily injury (including bodily injury and death), property damage (including loss of use) and clean-up costs caused by or arising out of pollution incidents arising from the activities of Contractor or any of its Subcontractors, and shall include contractual liability per the terms and conditions of such policy with limits no less than $3,000,000 per incident and in the aggregate. Coverage shall apply to sudden and accidental pollution events, shall include all transportation-related events, and respond to cleanup both on and off the Site. The aggregate limits shall apply separately to each annual policy period, Contractor Tools & Equipment. Contractor and its subcontractors shall be solely responsible and shall maintain insurance or self-insurance covering all materials, tools, equipment, mobile equipment, protective fencing, scaffolding, temporary structures, property of employees and all other items (whether owned, rented or borrowed) of Contractor and its subcontractors (“Contractor Equipment”). Owner shall not be responsible for, and Contractor hereby waives, and shall cause all subcontractors to waive, all claims and subrogation against Owner relating to damage, theft, destruction, disappearance, or wear and tear of Contractor Equipment.

Additional Insured. Owner and the Owner Indemnitees shall be included as additional insureds on each of the Contractor policies except for workers’ compensation and professional liability. The additional insured protection for the commercial general liability and umbrella/excess liability shall include both ongoing and completed operations coverage and be provided on an ISO endorsement CG 20 10 07/04 and CG 20 37 07/04 or its equivalent. Additional insured coverage shall not be limited to the minimum amounts of insurance required by written agreement and shall extend through the expiration of all applicable statutes of limitation and statutes of repose. Contractor shall require its subcontractors to include Owner and Owner Indemnitees as additional insureds on the subcontractor- required insurance in compliance with the requirements herein.

Waiver of Subrogation. Contractor waives, and shall cause all of its insurers and subcontractors to waive, all rights of subrogation and set-off against Owner and Owner Indemnitees. All insurance policies shall be endorsed to provide such waivers of subrogation.

Onward Template Insurance Recs

Primary/Non-contributory. Contractor, and its subcontractors’, insurance coverage shall be primary and any insurance or self-insurance of Owner or Owner Indemnitees shall be excess and non-contributory to Contractor’s coverage. Any Contractor policy stating that it applies on an excess or pro rata basis shall be endorsed to apply on a primary/noncontributory basis with respect to Owner and Owner Indemnitees.

Severability of Interests. All Contractor policies shall provide, or be endorsed to include a severability of interests provision. There shall be no exclusion for cross liability.

Notice of Cancellation. All policies shall be endorsed to provide Owner and Owner Indemnitees with a minimum of 30 days advance written notice of cancellation, 10 days advance notice in the event of cancellation for non-payment of premium.

Material Change of Coverage. There shall be no material changes of coverage to Contractor’s insurance that would render it non-compliant with the insurance requirements set forth herein without a minimum of 30 days advance written notice to Owner for review and, at Owner’s sole discretion, Owner providing written acceptance of such changes to Contractor. Any material changes rendering Contractor non-compliant with the insurance requirements without prior review and written acceptance by Owner shall be deemed a material breach to this Agreement.

Evidence of insurance. Prior to commencing work, prior to insurance coverage renewals, and upon Owner’s written request, Contractor shall provide a certificate(s) of insurance or updated certificate(s) of insurance evidencing compliance with the insurance requirements. Waivers of subrogation, additional insured and primary/non-contributory endorsements, or excerpts of policy language providing such coverage, shall also be provided to Owner. The failure of Owner to identify any deficiencies in the certificate(s) or endorsements provided by Contractor shall not be construed as acceptance of the noncompliant coverage nor a waiver of Contractor’s obligation to maintain coverage compliant with the requirements set forth herein.

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