Additional Insurance - Appendix.pdf

Additional Insurance - Appendix

ADDITIONAL INSURANCE PROCURED BY CONTRACTOR

a. The Contractor agrees to procure and maintain for the duration of this Contract insurance of the kinds and amounts hereinafter provided by insurance companies licensed to do business in the State of New York, covering all operations under this Contract.

1. The Contractor shall furnish a certificate or certificates with the appropriate endorsements showing that it has complied with this Section. The insurance documentation shall provide that:

i. Liability and protective liability insurance policies shall provide primary and non-contributory coverage to the DEC, Suffolk County, Town of Islip or Village of Ocean Beach for any claims arising from the Contractor’s Work under this Contract, or as a result of the Contractor’s activities. Insurance policies will not be accepted that:

• remove or restrict blanket contractual liability located in the “insured contract” definition (as stated in Section V, Number 9, Item f in the ISO CGL policy) so as to limit coverage against claims that arise out of work;

or

• remove or modify the “insured contract” exception to the employers liability exclusion; or

• do not cover the additional insured for claims involving injury to employees of the named insured or subcontractors.

The Contractor shall provide fully-completed ACORD 855 New York Construction Certificate of Liability Insurance Addendum along with specified General Liability certificate and accompanying endorsements.

ii. The following entities shall be listed as Certificate Holder on all liability insurance certificate(s), as additional insureds on endorsement(s) and on additional supporting documentation:

• State of New York, NYS Department of Environmental Conservation, its officers, agents and employees, Division of Water, Coastal Erosion Management Section, 625 Broadway, Albany, NY 12233-3504

• Suffolk County, its officers, agents and employees, H. Lee Dennison Bldg, 100 Veterans Memorial Hwy, P.O. Box 6100, Hauppauge, NY 11788

• Town of Islip, its officers, agents and employees, One Manitton Court, Islip, NY 11751

• Village of Ocean Beach, its officers, agents and employees, 153 Bay Walk, Ocean Beach, NY 11770

iii. The policies shall include a waiver of subrogation endorsement in favor of the

NYS Department of Environmental Conservation, Suffolk County, the Town of Islip, and the Village of Ocean Beach as additional insured. The endorsement shall be on ISO Form number CG 24 04 or a similar form with same modification to the policy.

iv. Policies shall not be changed or canceled until thirty (30) days prior written notice has been given to the NYS Department of Environmental Conservation, Suffolk County, the Town of Islip, and the Village of Ocean Beach and; as evidenced by an endorsement or declarations page.

v. Insurance documentation shall disclose any deductible, self-insured retention, aggregate limit or any exclusion to the policy that materially changes the coverage required by the Contract.

vi. Endorsements in writing must be added to and made part of the insurance contract for the purpose of changing the original terms to reflect the revisions and additions as described. A copy of these endorsements must be provided to the NYS Department of Environmental Conservation.

vii. Applicable insurance policy number(s) referenced on the ACORD form must be referenced in the supporting documentation supplied by the insurance company (e.g. endorsement page, declarations page, etc.).

viii. When coverage is provided by a non-admitted carrier, a copy of the declarations page along with the ELANY stamped certification wording affixed to the certificate of insurance must be provided to ensure that the excess line insurance has met all of the requirements for a valid excess line transaction in accordance with Article 21 of the New York State Insurance Law.

ix. Worker’s Compensation and Disability Benefits certificates shall name the following as entity requesting proof of coverage:

• State of New York, NYS Department of Environmental Conservation, its officers, agents and employees, Division of Water, Coastal Erosion Management Section, 625 Broadway, Albany, NY 12233-3504

• Suffolk County, its officers, agents and employees, H. Lee Dennison Bldg, 100 Veterans Memorial Hwy, P.O. Box 6100, Hauppauge, NY 11788

• Town of Islip, its officers, agents and employees, One Manitton Court, Islip, NY 11751

• Village of Ocean Beach, its officers, agents and employees, 153 Bay Walk, Ocean Beach, 11770, NY

x. Should the Contractor engage a subcontractor, the Contractor shall endeavor to impose the insurance requirements of this document on the subcontractor, as applicable. The Contractor shall determine the required insurance types and limits, commensurate with the work of the subcontractor and maintain the certificate or certificates and endorsements for all subcontractors hired as part of the Contractor’s records.

2. The following types and amounts of insurance are required for this Contract:

i. Workers’ Compensation:

For work to be performed in New York State, the Contractor shall provide and maintain full New York State coverage during the life of this Contract for the benefit of such employees as are required to be covered by the New York State Workers’ Compensation Law.

Evidence of Workers’ Compensation and Employers Liability coverage must be provided on one of the following forms specified by the Chairman of the New York State Workers’ Compensation Board:

FORM # FORM TITLE

C-105.2 Certificate of Workers’ Compensation Insurance (September 2007, or most current version) U-26.3 State Insurance Fund Version of the C-105.2 form

SI-12/

GSI-105.2

Certificate of Workers’ Compensation Self-Insurance

CE-200 Certificate of Attestation of Exemption (when Contractor meets the requirements.)

All forms are valid for one year from the date the form is signed/stamped, or until policy expiration, whichever is earlier.

Please note that ACORD forms are NOT acceptable proof of New York State Workers’ Compensation Insurance coverage.

Additional information can be obtained at the Workers’ Compensation website:

http://www.wcb.ny.gov/content/main/Employers/Employers.jsp

ii. Disability Benefits:

For work to be performed in New York State, the Contractor shall provide and maintain coverage during the life of this Contract for the benefit of such employees as are required to be covered by the New York State Disability Benefits Law.

Evidence of Disability Benefits coverage must be provided on one of the following forms specified by the Chairman of the New York State Workers’ Compensation Board:

FORM # FORM TITLE

DB-120.1 Certificate of Insurance Coverage under the New York State Disability

Benefits Law DB-155 Certificate of Disability Self-Insurance CE-200 Certificate of Attestation of Exemption (when Contractor meets the requirements.)

All forms are valid for one year from the date the form is signed/stamped, or until policy expiration, whichever is earlier.

Please note that ACORD forms are NOT acceptable proof of New York State Disability Benefits Insurance coverage.

Additional information can be obtained at the Workers’ Compensation website:

iii. Commercial General Liability Insurance:

Contractor shall provide and maintain Commercial General Liability Insurance (CGL) covering the liability of the Contractor for bodily injury, property damage, and personal/advertising injury arising from all work and operations under this Contract. The limits under such policy shall not be less than the following:

• Each Occurrence limit – $5,000,000

• General Aggregate – $8,000,000

• Products/Completed Operations – $5,000,000

• Personal & Advertising Injury - $1,000,000

• Damage to Rented Premises - $50,000

• Medical Expense - $5,000

Coverage shall include, but not be limited to, the following:

• premises liability;

• independent contractors;

• blanket contractual liability, including tort liability of another assumed in a contract;

• defense and/or indemnification obligations, including obligations assumed under this

Contract

• cross liability for additional insureds;

• products/completed operations for a term of no less than 3 years, commencing upon acceptance of the work, as required by the Contract;

• explosion, collapse, and underground hazards;

• Contractor means and methods; and

• liability resulting from Section 240 or Section 241 of the New York State

Labor Law.

The following ISO forms must be endorsed to the policy:

a. CG 20 10 11 85 or an equivalent – Additional Insured-Owner, Lessees or Contractors b.CG 25 03 11 85 or an equivalent – Designated Construction Project(s) general aggregate limit (only required for construction contracts).

Limits may be provided through a combination of primary and umbrella/excess liability policies. The CGL aggregate shall be endorsed to apply on a per project basis for construction contracts.

iv. Business Automobile Liability:

Contractor shall provide and maintain Business Automobile Liability insurance covering liability arising out of the use of any registered motor vehicle in connection with the Contract, including owned, leased, hired and non-owned vehicles. Such policy shall have a combined single limit for Bodily Injury and Property Damage of at least $5,000,000.

v. Contractor’s Equipment:

The Contractor shall secure, pay for, and maintain Property Insurance necessary for protection against the loss of owned, borrowed or rented capital equipment and tools, including any tools owned by employees, and any tools or equipment, staging towers, and forms owned, borrowed or rented by the Contractor. The requirement to secure and maintain such insurance is solely for the benefit of the Contractor. Failure of the Contractor to secure such insurance or to maintain adequate levels of coverage shall not render the NYS Department of Environmental Conservation, Suffolk County, the Town of Islip, or the Village of Ocean Beach, including their agents and employees responsible for any losses; and the NYS Department of Environmental Conservation, Suffolk County, the Town of Islip, the Village of Ocean Beach, their agents and employees shall have no such Liability.

vi. Umbrella and Excess Liability:

When the limits of the CGL, Auto, and/or Employers’ Liability policies procured are insufficient to meet the limits specified, the Contractor shall procure and maintain Commercial Umbrella and/or Excess Liability policies with limits in excess of the primary; provided, however, that the total amount of insurance coverage is at least equal to the requirements set forth above. Such policies shall follow the same form as the primary.

vii. Maritime Protection and Indemnity Insurance and Chartered Legal:

Liability Insurance, where applicable, in limits of not less than Two Million Dollars ($2,000,000) combined single limit per occurrence for bodily injury, death, and property damage including coverage for masters and members of crews.

b. Certificates of Insurance and Endorsements evidencing the issuance of all insurance required hereby, and guaranteeing at least thirty (30) days prior notice to the Government of cancellation or non-renewal, shall be delivered to New York State and the State of New York Department of Environmental Conservation, Suffolk County, the Town of Islip and the Village of Ocean Beach prior to entry of the Government's contractors upon the project area, or, in the case of new or renewal policies replacing policies expiring during the period, no later than thirty (30) days before the expiration dates of such expiring policies.

c. Prior to the commencement of work hereunder, the Contractor shall furnish to the

Contracting Officer, the NYS Department of Environmental Conservation, Suffolk County, the Town of Islip and the Village of Ocean Beach within 5 calendar days of the award, certificates or endorsements of the above required insurance. The policies and the certificates and endorsements of insurance evidencing required insurance shall contain an endorsement to the effect that cancellation or any material change in the policies adversely affecting the interests of the NYS Department of Environmental Conservation, Suffolk County, the Town of Islip and the Village of Ocean Beach in such insurance shall not be effective for such a period as may be prescribed by the laws of the State in which this contract is to be performed and in no event less than thirty (30) days after written notice thereof to the Contracting Officer and the NYS Department of Environmental Conservation shall have the right, upon written notice, to receive copies of the policies required hereunder.

d. The Contractor shall insert the substance of this clause, including this paragraph (d), in subcontracts under this contract that require work on a Government installation and shall require subcontractors to provide and maintain the insurance required in the Schedule or elsewhere in the contract. The Contractor shall maintain a copy of all subcontractors’ proofs of required insurance and shall make copies available to the Contracting Officer upon request.

e. At the Government’s direction, the Contractor will be required to submit to the

Contracting Officer a certification from the Contractor’s insurance carrier that the amount inserted by the Contractor in the item entitled “Additional Cost for Insurance” of the Bid Schedule represents only the additional premium paid by the Contractor as a direct result of the specific insurance requirements of this Section and excludes those premium costs which would have otherwise been incurred by the Contractor.

f. At the Government’s direction, the Contractor shall furnish a computation from his insurance carrier, which sets-forth the elements of the said additional premium, including, but not limited to the following: the additional costs to the State of New York, NYS Department of Environmental Conservation, Suffolk County, the Town of Islip and the Village of Ocean Beach being named as an additional insured broken down by policy type; any other additional costs due to the insurance requirement and the nature thereof.

g. In this Section, the Contractor shall furnish a computation as to that amount, if any, of the premium costs of their existing insurance coverage they have allocated to the work of this contract. The Contractor shall indicate whether such attribution is pursuant to a standard formula or cost administration practice or was otherwise derived.

h. The Contractor agrees to insert the substances of this clause, including paragraph d., in all subcontracts hereunder.

i. The Government reserves the right to request a further elaboration with regard to this computation at any time.

j. The Contractor shall be reimbursed for the actual expense for the additional insurance up to the amount indicated, as substantiated by the information provided by the Contractors insurance carrier. Contractor shall submit the following items to the government for payment and verification and only the actual amount will be reimbursed:

1. Insurance Policies

2. Certification of insurance

3. Proof of payments

Payment for the insurance procured by the Contractor under this paragraph shall be in lump sum or by the job, “Additional Cost for Insurance”, (see notes in Bid Schedule).