Schedule of Insurance Requirements

Insurance and Indemnity

 

Prior to starting Work, the Subcontractor shall procure and maintain in force, Workers' Compensation Insurance including Employers Liability Insurance, Comprehensive General Liability Insurance with contractual coverage and Automobile Liability Insurance and such other insurance, to the extent required by the Contract Documents for the Subcontractor's Work.

Subcontractors of the General Contractor shall purchase and maintain during the entire project and during the warranty period, insurance with the minimum limits and coverage shown below or, if greater, the requirements set forth in the Contract Documents, from insurance companies acceptable to the General Contractor.

The GENERAL LIABILITY (GL) shall include such coverage, but is not limited to, premises/operations, employees as insureds, explosion, collapse and underground (XCU), broad form contractual (including personal injury), products/completed operations, independent contractors, broad form property damage and personal injury.  The Comprehensive General Liability (CGL) must be written on an occurrence basis, with minimum limits of:

a.

General Aggregate - Per Project

$2,000,000

b.

Products and Completed Operations Aggregate

$2,000,000

c.

Each Occurrence

$1,000,000

d.

Personal/Advertising Injury

$1,000,000

e.

Fire Damage

$100,000

f.

Medical Payments

$10,000


COMPREHENSIVE AUTOMOBILE LIABILITY on occurrence basis covering all Owned, Non-Owned and Hired Vehicles with minimum limits of:

a.

Comprehensive Automobile Liability - Combined Single Limit

$2,000,000

b.

Bodily Injury - Each Person

$2,000,000

c.

Property Damage  - Each Occurrence

$2,000,000


WORKER’S COMPENSATION including Occupations Disease insurance meeting the statutory requirements of the State in which work is to be performed together with a Broad Form All States Endorsement and containing Employer’s Liability insurance in an amount of at least $500,000 Each Accident / $500,000 Disease – Policy Limit / $500,000 Disease – Each Employee.  Workers Compensation shall waive the rights of subrogation in favor of all additional insureds.

UMBRELLA LIABILITY and/or EXCESS LIABILITY with coverage at least as broad as the underlying policies. The per occurrence and aggregate limits shall be $1,000,000.

Others as required by law.

The Subcontractor agrees to provide the insurance as outlined above.  Deductibles or self insured retentions shall not exceed $5,000.  Subcontractor must obtain additional insurance as necessary in order to comply with the maximum deductible amount.  Furthermore, the subcontractor will be responsible for any and all claims that would have been covered by the insurance company in the absence of any deductible or self insured retention.

Comprehensive General Liability Insurance may be arranged under a single policy for the full limits required or by a combination of underlying policies with the balance provided by an Excess or Umbrella Liability policy.      

A certificate of insurance form must be filed with General Contractor prior to the commencement of any work and must state coverage will not be altered, cancelled or allowed to expire without thirty (30) days written notice by certified mail to General Contractor.  If any of the above coverages are subject to or are in excess of any deductibles or self-retention, these amounts must be stated on the certificate, and said deductibles and self-retention will be the sole responsibility of Subcontractor.

It is understood and agreed that the insurance coverage and limits, required above, shall not limit the extent of Subcontractor’s responsibilities and liabilities specified within the Contract Documents or by law.  It is understood and agreed that authorization is hereby granted to refuse entry to job site and to withhold payments to Subcontractor until a properly executed Certificate of Insurance is received by General Contractor.

Subcontractor’s Insurance Requirements set forth herein shall become and be part of any purchase order or contract issued by General Contractor to Subcontractor as though fully set forth in said purchase order or contract.

Should Subcontractor fail or neglect to provide the required insurance, General Contractor shall have the right, but not the duty, to provide such insurance and deduct from any money that may be due or become due to Subcontractor for any and all premium or costs General Contractor incurs.  Equivalent insurance coverage must be obtained from each Sub-subcontractor and Supplier, if any, before permitting them on the site of the project.  Otherwise, such insurance for Sub-subcontractors and Suppliers must be included within Subcontractor’s insurance policies.

Subcontractor shall carry standard ISO General Liability coverage, written on an occurrence basis - including Completed Operations.  The coverage must be endorsed to name General Contractor as an “additional insured” (Form CG2010 11/85 or equivalent – meaning the additional insured coverage form to include work in progress – i.e.  all acts or omissions or any other liability of additional insured arising out of subcontractor’s work performed for additional insureds or subcontractors use of premises, equipment and facilities of additional insureds - i.e. ongoing operations and completed work – i.e. Completed Operations) and include the Owner, Architect and others as “additional insureds” as required in the contract documents.  The “Additional Insured” form shall state that this insurance shall be primary without right of contribution from any other insurance available to the “additional insureds” and the amount of the company’s liability under this policy shall not be reduced by the existence of such other insurance.  Copy of the additional insured endorsement form is to be attached to the Certificate of Insurance.  A waiver of subrogation will be provided.

The Contractor and Subcontractor waive all rights against each other and against the Owner, the Architect/Engineer, separate contractors, and all other subcontractors for damages caused by fire or other perils to the extent covered by Builder's Risk or any other property insurance, except such rights as they may have to the proceeds of such insurance.

To the fullest extent permitted by law, the Subcontractor expressly agrees to indemnify and hold harmless the Contractor, the project Owner, the Architect, the Engineer and all of their respective officers, directors, agents and employees herein called “indimnitee ” from and against all claims, damages, losses and expenses, including, but not limited to attorney's fees and court costs, which include but are not limited to, costs incurred in establishing the indemnification and other rights agreed to in this Paragraph, to persons or property caused in whole or in part by any act, omission, or default by the Subcontractor or its sub-subcontractors, materialmen or agents of any tier or their employees, arising out of this agreement or resulting from the performance, failure in performance, of the Subcontractor's Work under this Subcontract, including any such damages caused in whole or in part by any act, omission, or default of any indimnitee, but specifically excluding any claims of, or damages against an indimnitee resulting from such indimnitee’s gross negligence, or willful, wanton or intentional misconduct of such indimnitee or for statutory violation or punitive damages except and to the extent the statutory violation or punitive damages are caused by or result from the acts or omissions of the Subcontractor or its sub-subcontractor, materialmen, or agents of any tier or their respective employees, provided that any such claim, damage, loss, or expense (1) is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself) including the loss of use resulting therefrom, and (2) is caused in whole or in part by any negligent act or omission of the Subcontractor or anyone directly or indirectly employed by him or anyone for whose acts he may be liable regardless of whether it is caused in part by a party indemnified hereunder.  Such obligations shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this Paragraph.

Provided however that any claim for indemnification damages caused in whole or in part by any act, omission or default by indemnitee(s) shall be limited to amount of Sub-contractor’s insurance or $1 million per occurrence, whichever is greater.  The parties acknowledge that the amount of the indemnity required hereunder bears a reasonable commercial relationship to this Agreement and its part of the project specifications or the bid documents.

The indemnification obligations under this Agreement shall not be restricted in any way by limitation on the amount or type of damages, compensation, or benefits payable by or for the Subcontractor under workers compensation acts, disability benefits acts, or other employee benefits acts, and shall extend to and include any actions brought by or in the name of any employee of the Sub-contractor or of any third party to whom Subcontractor may subcontract a part or all of the Work.

In any and all claims against the Contractor or any of his agents or employees by any employee of the Subcontractor, anyone directly or indirectly employed by him or anyone for whose acts he may be liable, the indemnification obligation under this Paragraph 5.8 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Subcontractor under Workers' Compensation acts, disability benefit acts or other employee benefit acts.

The obligations of the Subcontractor under this Paragraph 5.8 shall not extend to the liability of the Architect/Engineer, his agents or employees, arising out of (a) the preparation or approval of maps, drawings, opinions, reports, surveys, Change Orders, designs or specifications, or (b) the giving of or failure to give directions or instructions by the Architect/Engineer, his agents or employees, providing such giving or failure to give is the primary cause of the injury or damage.

All certificates of insurance shall include a waiver of subrogation on subcontractors workers compensation and general liability Insurance.