WRA-3073REVISEDINSURANCEREQUIREMENTS.pdf

PURCHASE ORDER INSURANCE REQUIREMENTS INCLUDING

POLLUTION LIABILITY

PART 7 – INSURANCE REQUIREMENTS

7.1 CONTRACTOR’S LIABILITY INSURANCE

1. The Contractor shall purchase and maintain such insurance as will protect him from claims set forth below which may arise out of or result from the Contractor’s operations under the Contract, whether such operations be by himself or by any Subcontractor, or by anyone directly or indirectly employed by any of them or by anyone for whose acts any of them may be liable.

2. The Contractor shall purchase and maintain during the life of this Contract:

a) Insurance sufficient to discharge its obligations under all applicable workers’ or workmen’s compensation laws of the territories and states of the U.S.A., the United States Longshoreman’s & Harbor Workers Act, the Jones Act, and Admiralty or Maritime Law.

b) Employee’s liability insurance with minimum limit per accident or disease $100,000.

3. The Contractor shall purchase and maintain during the term of this Contract

Commercial General liability insurance including a comprehensive broad form endorsement and covering the full scope of this contract with limits not less than $1,000,000 per occurrence and $1,000,000 aggregate for personal or bodily injuries, and $1,000,000 per occurrence and aggregate for property damage. A combined single limit per occurrence of $1,000,000 is acceptable. Such insurance shall include at least the following:

a) Comprehensive general liability insurance, including all products, premises-operations, and completed operations liability, independent Contractors, additional interest of employees, incident medical malpractice liability, including notice of occurrence and knowledge of occurrence endorsements satisfactory to the Authority.

b) Comprehensive business automobile liability insurance covering use of any motor vehicle to be used in conjunction with this Contract. Such auto liability coverage shall include pollution legal liability including coverage for bodily injury, property damage, and cleanup costs. Coverage shal1 apply to sudden and non-sudden pollution conditions.

c) Coverage for loading and unloading of any motor vehicle must be covered by endorsement to the comprehensive (or compulsory) automobile liability policy.

d) Blanket Contractual liability insurance covering all liabilities assumed under the Contract Documents.

e) Personal injury coverage endorsement (Coverage’s A, B, and C), with no exclusions for liability assumed Contractually or injury sustained by employees of Contractor.

f) Broad form coverage for damage to property of the Authority, as well as other third parties, while in the care, custody, or control of Contractor.

g) Coverage for “XCU” hazards (explosion, collapse of buildings, blasting, undermining, and damage to underground property). Before any blasting is done, Contractor shall present evidence that blasting damage is included in Contractor’s insurance coverage.

h) Coverage for pollution legal liability including bodily injury, property damage, and cleanup costs for sudden and non-sudden pollution conditions must be covered by endorsement to the commercial general liability policy, or a separate pollution liability policy provided.

4. If any operations performed within the scope of this Contract by Contractor or its

Subcontractors require the use of any aircraft or watercraft (owned or unowned), Contractor shall maintain liability insurance satisfactory to, and naming as an additional insured, the Authority.

5. Insurance similar to that required of the Contractor shall be provided by or on behalf of all Subcontractors to cover their operations performed under the Contract Documents. The Contractor shall be held responsible for compliance with and enforcement of the insurance requirements and for any modifications of these insurance requirements as they apply to Subcontractors. The Contractor shall not permit any Subcontractor to commence work until such Subcontractor has furnished evidence that insurance has been obtained by Contractor providing that, in the event of restrictions in or cancellation of Subcontractor’s policies, thirty (30) days’ advance written notice be given to Contractor by registered mail.

6. The Contractor and any subcontractors listed below shall also purchase and maintain umbrella form excess liability insurance containing coverage no less restrictive than that required under Paragraphs 2, 3 and 4 above. The umbrella policies shall contain a minimum total occurrence and aggregate limit of $5,000,000.

7. Insurance certificates acceptable to the Authority evidencing the above coverage are to be furnished to the Authority. Insurance policies required by these Insurance Requirements shall contain provisions requiring at least 30 days’ prior written notice to the Authority of any cancellations of or materials change in the policies.

Certificates shall indicate effective dates and dates of expiration of policies, and shall refer to the corresponding subparagraphs listed above. An additional certificate evidencing continuation of all insurance coverage required to remain in force after final payment nor any remaining retainage under this Contract shall be due until such certificate has been submitted to the Authority.

8. All insurance policies provided pursuant to the foregoing provisions of these

Insurance Requirements shall be in the form and written by companies satisfactory to the Authority, and the Authority shall be named as an additional insured. All such policies shall contain provisions or endorsements necessary to assure coverage of claims by one insured against another. All required insurance policies are to be endorsed to state that the Contractor’s policies shall be primary to all other insurance available to the Authority for liability arising out of or resulting from the Contractor’s operations under the Contract, whether such operations be by the Contractor or by a Subcontractor or by anyone for whose acts any of them may be liable. All policies shall include a waiver of subrogation in favor of the Authority.

9. The purchase of insurance to satisfy the above requirement, or the furnishing of certificates evidencing same, shall not be a satisfaction of Contractor’s liability under this Contract or in any way modify Contractor’s indemnification of the Authority.

10. Without limitation of any other provisions of the Contract Documents, if (a) the

Contractor’s agreement herein to insure or to name as an insured by the Authority with respect to Contractual liability assumed by the Contractor under the terms of the Contract Documents or otherwise, or (b) any Contract of insurance between the Contractor or any Subcontractor and its or their insurance company, shall to any extent be or be determined to be void or unenforceable, it is the intention of the parties that such circumstances shall not otherwise affect the validity or enforceability of the Contractor’s agreements and obligations under the Contract Documents nor the validity or enforceability of such Contract of insurance, each of which shall be enforced to the fullest extent permitted by law.