INSURANCE REQUIREMENTS

Transcription

1 INSURANCEREQUIREMENTS ATTACHACOPYOFYOUREVIDENCEOFINSURANCEMEETINGALLREQUIREMENTS 1.0 MandatoryInsuranceRequirements Priortocommencingwork,anduntilallobligationsunderthisContractarefulfilled,Subcontractorshall,atitssole expense,procureandmaintainnotlessthanthefollowingcoverageandlimitsofinsurance.suchinsuranceshall beunderformsofpoliciesandfrominsurancecompaniessatisfactorytocontractor.insuranceshallbeplaced withinsurerswithana.m.bestratingofatleastaix,andinsurersmustbeauthorizedtodobusinessinthestate inwhichtheworkisbeingperformed. 1.1 Workers CompensationandEmployersLiabilityInsuranceasrequiredbyapplicablelaworregulations EmployersLiabilitywitha$1,000,000limit WaiverofsubrogationendorsementinfavoroftheContractorandOwner U.S.L&HandJonesActcoverageisrequiredifanyexposureexists ProgramsunderwrittenbyanySelfInsuredGrouprequireContractor spriorwrittenapproval IfSubcontractorleasesemployeesthroughanemploymentmanagement,PEOorothersuch company,evidenceofinsurancemustbeprovidedthroughanalternateemployer/leased EmployeeendorsementnamingSubcontractorontheemploymentcompany sworkers compensationpolicy. 1.2 CommercialGeneralLiabilityInsuranceonacoverageformatleastasbroadas2001ISOOccurrenceform CG Theminimumlimitsofliabilityshallbeaslistedbelow,orasrequiredintheprimecontract,oras carriedbythesubcontractor,whicheverisgreater: $2,000,000eachoccurrence $2,000,000personalandadvertisinginjury $2,000,000generalaggregate $2,000,000productsandcompletedoperationsaggregate Theselimitscanbeprovidedincombinationwithanumbrellaorexcesspolicy Coverageshallinclude: Perprojectgeneralaggregateendorsement BroadformpropertydamageincludingCompletedOperations Coverageforclaimsarisingoutofsubsidenceorearthmovement ContractualLiabilityinsuringobligationsassumedinthisagreement Subcontractorshallmaintaingeneralliabilityandcompletedoperationscoveragethroughthe expirationoftheconstructionstatuteofreposeperiodestablishedbythestatecivilcodewhere theprojectislocated Claimsmadeormodifiedoccurrencepolicyformsarenotacceptable AwaiverofsubrogationendorsementinfavorofContractorandOwnermustbeprovided. 1.3 AdditionalInsuredandPrimaryInsuranceRequirements: ThesubcontractorandanylowertiersubcontractorsshallendorseitsCommercialGeneral Liabilitypolicytoaddallpartiesrequiredtobenamedasadditionalinsuredintheprimecontract includingwithoutlimitationcontractor,itsdirectors,officersandemployeesandowner. 4439STONERIDGEDR#220,PLEASANTON,CA94588 PHONE: FAX: WWW.PROFORMACO.COM SUBCONTRACTOR PRE-QUALIFICATION SUBMISSION Page 4 of 14

2 1.3.2 TheformoftheAdditionalinsuredEndorsementshallbeISOCG orunmodified equivalent,orisocg inconjunctionwithcg AseparatePrimaryandNoncontributoryendorsementstatingthatSubcontractor sinsurance shallapplyasprimaryandanyotherinsurancecarriedbycontractororownerwillbeexcessonly andwillnotcontributewiththisinsurance.theformoftheprimaryandnoncontributory endorsementshallbeisocg orunmodifiedequivalent Additionalinsuredendorsementsshallbeprovidedthroughtheendoftheconstructionperiod andforthewarrantytermfollowingprojectcompletion. 1.4 AutomobileLiabilityInsuranceonacoverageformatleastasbroadasISOCA0001,including: $1,000,000CombinedSingleLimitforbodilyinjuryandpropertydamage Coverageonanyautomobilebasis,includingallowned,nonownedandhiredautos AnysubcontractorssubjecttotheMotorCarrierActof1980mustprovideaMCS90 endorsementwithaprimarylimitof$1,000,000eachaccident. 1.5 UmbrellaorExcessLiabilityInsurance: IfhigherlimitsofcoveragearerequiredbythePrimeContract,thesubcontractorwillcomply withsuchlimitsbyprovidingevidenceofanumbrellaorexcessliabilitypolicy.thispolicyshall besubjecttoalltherequirementsofthegeneralliabilitypolicyasstatedinsection1.2and CertificatesofInsurance Subcontractorshallfurnishcertificatesofinsuranceandrequiredendorsementsacceptableto Contractorbeforecommencinganyworkontheproject,andbeforepaymentoffinalretention Paymentmaybewithheldorworksuspended,attheoptionofContractor,untilsuchacceptable certificatesandendorsementshavebeenfurnished.failuretoprovideacceptablecertificates andendorsementsshallbeconsideredamaterialbreachofcontract.copiesofsubcontractor s insurancepoliciesshallbefurnisheduponreasonablerequest SubcontractorshallimmediatelynotifyContractorinwritingafterreceivinganoticeof cancellationofanyinsurancepolicyapplicabletothisagreement.paymentmaybewithheldor worksuspendeduntilwithdrawalofcancellationorreinstatementofthecanceledpolicy AcceptanceofcertificatesofinsurancebyContractorshallinnowaylimitSubcontractor sduties andresponsibilitiesunderthisagreement,includingthedutytoindemnifycontractorand Owner. 1.7 InsuranceRequirementsforSubSubcontractors,Truckers,TruckingBrokers,SubHaulers,Vendorsand Suppliers: Subcontractorisresponsibleforverifyingthatits Subcontractors,Truckers,TruckingBrokers, SubHaulers,VendorsandSuppliersofanytiermaintaininsuranceinlikeformandamounts, includingtheadditionalinsuredrequirementsstatedinsection1.5,andwillprovidecontractor evidenceofsuchinsurancebeforeallowingthelowertiersubcontractorstobeginworkonthe project. 1.8 Builder sriskinsurance SubcontractorshallsatisfyitselfastotheexistenceandextentofBuilder sriskinsurancepriorto commencingwork IfBuilder sriskinsurancepurchasedbyownerorcontractorcoverslossordamageto Subcontractor swork,subcontractorshallberesponsiblefortheinsurancepolicydeductible IfOwnerorContractorhasnotpurchasedBuilder sriskinsurancecoveringthefullinsurable valueofsubcontractor swork,subcontractormayprocuresuchcoverageatitsownexpense. 4439STONERIDGEDR#220,PLEASANTON,CA94588 PHONE: FAX: WWW.PROFORMACO.COM SUBCONTRACTOR PRE-QUALIFICATION SUBMISSION Page 5 of 14

3 SuchinsuranceshallalsoapplytoOwner sorcontractor spropertyinthecare,custodyor controlofsubcontractor ContractorandSubcontractorwaiveallrightsagainsteachotherandagainstallother SubcontractorsandOwnerforlossordamagetotheextentreimbursedbyBuilder sriskorany otherpropertyorequipmentinsuranceapplicabletothework,exceptsuchrightstheymayhave totheproceedsofsuchinsurance. 1.9 OtherRequirements InsurancecoverageintheminimumamountssetforthhereinshallnotrelieveSubcontractorfor liabilityinexcessofsuchcoverage,norshallitprecludecontractorfromtakingotheravailable actionsunderanyotherprovisionofthisagreementorlaw Subcontractor sobligationsforlossordamagearisingoutofsubcontractor sworkarenotlimited tothetypesoramountsofinsurancesetforthabove.totheextentsubcontractormaintains insurancegreaterthantheseminimumrequirements,subcontractoragreesthatsuchinsurance shallbeapplicabletoanyofsubcontractor sliabilityobligationsarisingoutofthisagreement Subcontractorshallberesponsibleforanydeductibleamountoranylossarisingoutofcoverage denialsbyitsinsurancecarrier Contractormakesnorepresentationastotheamountofinsurancecoveragerequiredtoprotect Subcontractor sinterests Shouldanyinsurancepolicylapseorbecanceledduringthecontractperiod,Subcontractorshall, priortotheeffectiveexpirationorcancellationdate,furnishcontractorwithevidenceofrenewal orreplacementofthepolicy.failureofthesubcontractortoprovidetimelynoticeofpending cancellationshallbeconsideredamaterialbreachofcontract. ADDITIONALINSURANCEREQUIREMENTS 2.1 ProfessionalLiabilityInsurance(FORARCHITECTS,ENGINEERS,andCONSULTANTS) ProfessionalLiabilityinsuranceintheamountof$1,000,000perclaim/aggregateshallbecarried bysubcontractorifworkunderthisagreementincludesanyprofessionalservices,designassist, designbuild,stampeddrawingsorleedcertificationservices Evidenceofcoverageintheformofacertificateofinsuranceshallbeprovidedpriortothestart oftheproject Claimsmadepoliciesmusthavearetroactivedatepriortothefirstdatedesignserviceswere performedunderthescopeofwork,andcoveragemustextendaminimumoffive(5)years beyondconsultant scompletionofscopeofwork,orendofthisagreement,whicheverislater IfClaimsmadecoverageiscanceledornonrenewed,andnotreplacedwithanotherclaims madepolicywitharetroactivedatepriortotheagreementeffectivedate,theconsultantmust purchaseextendedreportingtailcoverageforaminimumoffive(5)yearsbeyondcompletionof ScopeofWorkorendofthisAgreement,whicheverislater. 2.2 PollutionLiabilityInsurance Contractor spollutionliabilityinsurancewithlimitsnolessthan$1,000,000peroccurrenceand $2,000,000aggregateisrequiredifSubcontractorortheirSubcontractorsorSuppliersofanytier: bringpollutantstothejobsite,or; iftheiroperationscreateapollutionexposure,or; iftheyareperformingworkonorpenetratingorsealingthebuildingenvelope,ordealing withwater.coverageformoldandbacteriaisrequiredinthesecases iftheirworkcouldinanywaycontributetoorcauseairbornesilicatobereleased. Coverageforsilicaisrequiredinthiscase TheOwnerandContractormustbenamedAdditionalInsuredonthispolicy. 4439STONERIDGEDR#220,PLEASANTON,CA94588 PHONE: FAX: WWW.PROFORMACO.COM SUBCONTRACTOR PRE-QUALIFICATION SUBMISSION Page 6 of 14

4 2.3 HazardousMaterialsAbatement Contractor spollutionliabilitywithlimitsnolessthan$5,000,000peroccurrenceand$5,000,000 annualaggregateisrequiredifsubcontractorortheirsubcontractorsorsuppliersofanytierare requiredtoperformremediationofhazardousmaterialsasthosetermsaredefinedinfederal, stateorlocallaw;oriftheiroperationsinvolveanexposuretohazardousmaterials TheOwnerandContractormustbenamedAdditionalInsuredonthispolicy IfSubcontractorortheirSubcontractorsorSuppliershaulhazardousmaterials,thepolicymust extendpollutioncoveragetothetransportationofhazardousmaterialsorpollutantsbywaste haulingvehicles.ifsubcontractorissubjecttothemotorcarrieractof1980,themotorcarrier ActendorsementMCS90mustbeobtainedandattachedtothepolicy. 2.4 RiggersLiability SubcontractorshallcarryRigger sliabilityinsurancewithlimitsnolessthan$1,000,000per occurrenceifsubcontractor sworkinvolvesmoving,lifting,lowering,riggingorhoistingof propertyorequipmentbelongingtoothers.suchinsuranceshallinsureagainstphysicallossor damagetothepropertyorequipment.deductiblesgreaterthan$50,000requirecontractor s priorwrittenapproval. 2.5 WorkNearRailroads IfSubcontractorortheirSubcontractorsorSuppliersperformsanyworkorconductsany operationswithinfiftyfeetofanyrailroad(includinglightrail,fixedrailoranyotherrailsystem), SubcontractorCommercialGeneralLiabilitypolicyshallbeendorsedtodeleteanyexclusion, includingthecontractualliabilityexclusion,forworkperformedwithinfiftyfeetofarailroad.a copyofsuchendorsementshallbeprovidedtocontractorbeforeworkwithinfiftyfeetofthe railroadcommences. 2.6 Aircraft/HelicopterInsurance AircraftLiabilityinsurancewithlimitsnolessthan$10,000,000peroccurrence,including PassengerLiability,shallbeprovidediftheSubcontractorortheirSubcontractorsuseanyowned, leased,charteredorhiredaircraftofanytypeintheperformanceofthisagreement SubcontractorortheirSubcontractorshallnameContractorandOwnerasAdditionalInsuredas respectsaircraftliabilityandprovideawaiverofsubrogationendorsementofcontractorand Ownerasrespectsphysicaldamagetotheaircraftorhelicopterhull Evidenceofcoverageintheformofacertificateofinsuranceandacceptableendorsementsshall beprovidedpriortothestartoftheproject. SEEATTACHEDSAMPLECERTIFICATE 4439STONERIDGEDR#220,PLEASANTON,CA94588 PHONE: FAX: WWW.PROFORMACO.COM SUBCONTRACTOR PRE-QUALIFICATION SUBMISSION Page 7 of 14

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6 POLICY NUMBER: General Liability Policy Number here COMMERCIAL GENERAL LIABILITY CG THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED OWNERS, LESSEES OR CONTRACTORS COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART Name Of Additional Insured Person(s) Or Organization(s) A SCHEDULE AS REQUIRED BY WRITTEN CONTRACT OR AGREEMENT Location And Description Of Completed Operations M P L E Information required to complete this Schedule, if i not shown above, will be shown in the Declarations. S A. Section II Who Is An Insured is amended to include as an additional al insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products-completed operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG Insurance Services Office, Inc., 2012 Page 1 of 1

7 POLICY NUMBER: General Liability Policy Number here COMMERCIAL GENERAL LIABILITY CG THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED OWNERS, LESSEES OR CONTRACTORS SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Name Of Additional Insured Person(s) Or Organization(s) AS REQUIRED BY WRITTEN CONTRACT OR AGREEMENT SCHEDULE Location(s) Of Covered Operations M Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Pabove A. Section II Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following additional organization(s) shown in the Schedule, but only exclusions apply: with respect to liability for "bodily injury", "property This insurance does not apply to "bodily injury" or damage" or "personal and advertising injury" "property damage" occurring after: caused, in whole or in part, by: 1. All work, including materials, parts or 1. Your acts or omissions; ons; or equipment furnished in connection with such 2. The acts or omissions sions of those acting on your work, on the project (other than service, behalf; maintenance or repairs) to be performed by or in the performance of your rongoing operations for on behalf of the additional insured(s) at the the additional insured(s) at the location(s) location of the covered operations has been designated above. completed; or A M However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. abovp L E 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG Insurance Services Office, Inc., 2012 Page 1 of 2

8 C. With respect to the insurance afforded to these additional insureds, the following is added to Section III Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. S A M P L E Page 2 of 2 Insurance Services Office, Inc., 2012 CG

9 POLICY NUMBER: General Liability Policy Number here COMMERCIAL GENERAL LIABILITY CG THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. S A M P L E CG Insurance Services Office, Inc., 2012 Page 1 of 1

10 POLICY NUMBER: General Liability Policy Number here COMMERCIAL GENERAL LIABILITY CG WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: ANY PERSON OR ORGRANIZATION FROM WHOM YOU ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT TO OBTAIN THIS WAIVER OF RIGHTS FROM US. Information required to complete this Schedule, if not shown above, will l be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "productscompleted operations hazard". This waiver applies only to the person or organization shown in the Schedule above. M S A P L E CG Insurance Services Office, Inc., 2008 Page 1 of 1

11 5 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2% of the California workers' compensation premium otherwise due on such remuneration. PERSON OR ORGANIZATION ANY PERSON OR ORGANIZATION FOR WHOM THE NAMED INSURED HAS AGREED BY WRITTEN CONTRACT TO FURNISH THIS WAIVER SCHEDULE JOB DESCRIPTION BLANKET WAIVER OF SUBROGATION S A M P L E This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective: XX/XX/2014 Policy No. ENTER Endorsement No. 001 Insured: Upstream Builders Insurance Company: Insurance Company Premium $ INCL. Countersigned By: by the Workers' Compensation Insurance Rating Bureau of California. All rights reserved. From the WCIRB's California Workers' Compensation Insurance Forms Manual