Common use of Contractor’s Pollution Liability Insurance Clause in Contracts

Contractor’s Pollution Liability Insurance. Design Professional shall procure and maintain at Design Professional’s expense or require Design Professional’s Subcontractor, as described below, to procure and maintain Contractors Pollution Liability Insurance applicable to the Professional Services being performed, with a limit no less than $1,000,000 per claim or occurrence and $2,000,000 aggregate per policy period of one year. Design Professional shall obtain written approval from the City for any insurance provided by Design Professional’s Subcontractor instead of Design Professional. For approval of a substitution of Design Professional’s Subcontractor’s insurance, the Design Professional shall certify that all activities for which the Contractors Pollution Liability Insurance will provide coverage will be performed exclusively by the Subcontractor providing the insurance. The deductible shall not exceed $25,000 per claim unless the City has provided prior, written approval. Occurrence based policies shall be procured before the Professional Services commence. Claims Made policies shall be procured before the Professional Services commence, shall be maintained for the duration of this Agreement, and shall include a 12- month extended Claims Discovery Period applicable to this Agreement or the existing policy or policies that shall continue to be maintained for 12 months after the completion of the Professional Services without advancing the retroactive date. For consultant agreements where there is a pollution exposure and Design Professional’s manuscript Architects & Engineers Professional Liability policy affords pollution liability coverage, Design Professional may, in lieu of providing separate Contractor’s Pollution Liability Insurance, provide to City either; a.) the endorsement affording pollution liability coverage under the Architects & Engineers Professional Liability policy, or, b.) a copy of the Architects & Engineers Professional Liability policy language where this is stated. The Architects & Engineers Professional Liability policy limits must reflect a minimum of $3,000,000 per claim and $5,000,000 annual aggregate if the manuscript Architects & Engineers Professional Liability policy affords pollution liability coverage.

Contractor’s Pollution Liability Insurance. Design Professional shall procure and maintain at Design Professional’s expense or require Design Professional’s Subcontractor, as described below, to procure and maintain Contractors Pollution Liability Insurance applicable to the Professional Services being performed, with a limit no less than $1,000,000 per claim or occurrence and $2,000,000 aggregate per policy period of one year. Design Professional shall obtain written approval from the City for any insurance provided by Design Professional’s Subcontractor instead of Design Professional. For approval of a substitution of Design Professional’s Subcontractor’s insurance, the Design Professional shall certify that all activities for which the Contractors Pollution Liability Insurance will provide coverage will be performed exclusively by the Subcontractor providing the insurance. The deductible shall not exceed $25,000 per claim unless the City has provided prior, written approval. Occurrence based policies shall be procured before the Professional Services commence. Claims Made policies shall be procured before the Professional Services commence, shall be maintained for the duration of this AgreementContract Time, and shall include a 12- 12-month extended Claims Discovery Period applicable to this Agreement contract or the existing policy or policies that shall continue to be maintained for 12 months after the completion of the Professional Services without advancing the retroactive date. For consultant agreements where there is a pollution exposure and Design Professional’s manuscript Architects & Engineers Professional Liability policy affords pollution liability coverage, Design Professional may, in lieu of providing separate Contractor’s Pollution Liability Insurance, provide to City either; a.) the endorsement affording pollution liability coverage under the Architects & Engineers Professional Liability policy, or, b.) a copy of the Architects & Engineers Professional Liability policy language where this is stated. The Architects & Engineers Professional Liability policy limits must reflect a minimum of $3,000,000 per claim and $5,000,000 annual aggregate if the manuscript Architects & Engineers Professional Liability policy affords pollution liability coverage.

Contractor’s Pollution Liability Insurance. Design Professional shall procure and maintain at Design Professional’s expense or require [Design Professional’s ’s] Subcontractor, as described below, to procure and maintain Contractors Pollution Liability Insurance applicable to the Professional Services being performed, with a limit no less than $1,000,000 per claim or occurrence and $2,000,000 aggregate per policy period of one year. Design Professional shall obtain written approval from the City for any insurance provided by [Design Professional’s ’s] Subcontractor instead of [Design Professional]. For approval of a substitution of Design Professional’s Subcontractor’s insurance, the Design Professional shall certify that all activities for which the Contractors Pollution Liability Insurance will provide coverage will be performed exclusively by the Subcontractor providing the insurance. The deductible shall not exceed $25,000 per claim unless the City has provided prior, written approval. Occurrence based policies shall be procured before the Professional Services commence. Claims Made policies shall be procured before the Professional Services commence, shall be maintained for the duration of this Agreement, and shall include a 12- month extended Claims Discovery Period applicable to this Agreement or the existing policy or policies that shall continue to be maintained for 12 months after the completion of the Professional Services without advancing the retroactive date. For consultant agreements where there is a pollution exposure and Design Professional’s Professional manuscript Architects & Engineers Professional Liability policy affords pollution liability coverage, [Design Professional may, in lieu of providing separate Contractor’s Pollution Liability Insurance, provide to City either; a.: (a) the endorsement affording pollution liability coverage under the Architects & Engineers Professional Liability policy, or, b.policy or (b) a copy of the Architects & Engineers Professional Liability policy language where this is stated. The Architects & Engineers Professional Liability policy limits must reflect a minimum of $3,000,000 per claim and $5,000,000 annual aggregate if the manuscript Architects & Engineers Professional Liability policy affords pollution liability coverage.

Contractor’s Pollution Liability Insurance. Design Professional shall procure and maintain at Design Professional’s expense If the Permitted Use includes sampling, testing, geotechnical boring, construction, or require Design Professional’s Subcontractorinstallation activities below the surface of the Property (collectively, as described below“Subsurface Work”), to procure and maintain Contractors Pollution Liability Insurance applicable to the Professional Services being performedinsurance against claims arising from pollution conditions or site environmental conditions, including ongoing operations performed by Developer or on Developer’s behalf, Developer’s products, Developer’s work (including Developer’s completed operations performed by Developer or on Developer’s behalf), or premises owned, leased, controlled, or used by Developer, with a limit no less than minimum liability limits of Two Million Dollars ($1,000,000 per 2,000,000) for any one claim or occurrence and Four Million Dollars ($2,000,000 4,000,000) aggregate per policy period of one year. Design Professional shall obtain written approval from the City for any insurance provided All costs of defense covered by Design Professional’s Subcontractor instead of Design Professional. For approval of a substitution of Design Professional’s Subcontractor’s insurance, the Design Professional shall certify that all activities for which the Contractors Pollution Liability Insurance shall be outside the policy’s liability limits. The deductible for Contractors Pollution Liability Insurance may not exceed Twenty- Five Thousand Dollars ($25,000) per claim unless and until Developer obtains City’s separate written approval of a higher deductible amount. With City’s separate prior written approval, Developer may satisfy its obligation to maintain Contractors Pollution Liability Insurance through its subcontractor that will provide coverage perform the Subsurface Work maintaining Contractors Pollution Liability Insurance as required under these Insurance Requirements (defined below). When Developer requests City’s approval to use its subcontractor’s Contractors Pollution Liability Insurance, Developer shall certify to City that all Subsurface Work requiring Contractors Pollution Liability Insurance under these Insurance Requirements will be performed exclusively by the Subcontractor providing subcontractor that will maintain the insuranceContractors Pollution Liability Insurance and provide City with a copy of its subcontractor’s Contractors Pollution Liability Insurance policy. The deductible shall not exceed $25,000 per claim unless the City has provided priorPolicies issued on a claims made basis must be issued before any work commences, written approval. Occurrence based policies shall be procured before the Professional Services commence. Claims Made policies shall be procured before the Professional Services commence, shall be maintained for the duration of this Agreement, all work and shall include a 12- 12-month extended Claims Discovery Period claims discovery period applicable to this Agreement all work or the existing policy or policies that shall continue to must be maintained for at least 12 months after the completion of all the Professional Services work without advancing the retroactive date. For consultant agreements where there is a pollution exposure and Design Professional’s manuscript Architects & Engineers Professional Liability policy affords pollution liability coverage, Design Professional may, in lieu of providing separate Contractor’s Pollution Liability Insurance, provide to City either; a.) the endorsement affording pollution liability coverage under the Architects & Engineers Professional Liability policy, or, b.) a copy of the Architects & Engineers Professional Liability policy language where this is stated. The Architects & Engineers Professional Liability policy limits must reflect a minimum of $3,000,000 per claim and $5,000,000 annual aggregate if the manuscript Architects & Engineers Professional Liability policy affords pollution liability coverage.