Common use of Specific Insurance Requirements Clause in Contracts

Specific Insurance Requirements. The following insurance shall be maintained in effect with limits not less than those set forth below at all times during the term of this Agreement and thereafter as required: Insurance Coverage/Limits Other Requirements Commercial General Liability (Occurrence Basis) Amounts of coverage shall be no less than: ▪ $1,000,000 Per Occurrence ▪ $2,000,000 General Aggregate ▪ $2,000,000 Products/Completed Operations Aggregate ▪ $1,000,000 Personal And Advertising Injury ▪ Designated Construction Project(s) General Aggregate Limit ▪ Current ISO edition of CG 00 01 ▪ Additional insured status shall be provided in favor of Owner Parties on a combination of ISO forms CG 20 10 10 01 and CG 20 37 10101 or an equivalent. ▪ This coverage shall be endorsed to provide primary and non-contributing liability coverage. It is the intent of the parties to this Agreement that all insurance coverage required herein shall be primary to and will not seek contribution from any other insurance held by Owner Parties, with Owner Parties’ insurance being excess, secondary and non-contributing. ▪ Stop Gap coverage shall be provided if any work is to be performed in a monopolistic workers’ compensation state. ▪ The following exclusions/limitations (or their equivalent(s), are prohibited: o Contractual Liability Limitation CG 21 39 o Amendment of Insured Contract Definition CG 24 26 o Exclusion-Damage to Work Performed by Subcontractors On Your Behalf, CG 22 94 or CG 22 95 o Any Classification limitation o Any Construction Defect Completed Operations exclusion o Any endorsement modifying the Employer’s Liability exclusion or deleting exception to it o Any endorsement modifying or deleting Explosion, Collapse or Underground coverage o Any Habitational or Residential exclusion applicable to the Work o Any “Insured vs. Insured” exclusion except Named Insured vs. Named Insured o Any Punitive, Exemplary or Multiplied Damages exclusion o Any Subsidence exclusion Business Auto Liability Amount of coverage shall be no less than: ▪ $1,000,000 Combined Single Limit ▪ Current ISO edition of CA 00 01 ▪ Arising out of any auto (Symbol 1), including owned, hired and non-owned Workers’ Amounts of coverage shall be no less than: ▪ The State in which work is to be performed Compensation and Employer’s Liability ▪ Statutory Limits ▪ $1,000,000 Each Accident and Disease ▪ Alternate Employer endorsement must listed under Item 3.A. on the Information Page ▪ Such insurance shall cover liability arising out of the Contractor’s employment of workers and anyone for whom the Contractor may be liable for workers’ compensation claims. Workers’ compensation insurance is required, and no “alternative” forms of insurance shall be permitted. ▪ Where a Professional Employer Organization (PEO) or “leased employees” are utilized, Contractor shall require its leasing company to provide Workers’ Compensation insurance for said workers and such policy shall be endorsed to provide an Alternate Employer endorsement in favor of Contractor and Owner. Where Contractor uses leased employees with Workers’ Compensation insurance provided by a PEO or employee leasing company, Contractor is strictly prohibited from subletting any of its work without the express written agreement of Owner. Excess Liability (Occurrence Basis) Amounts of coverage shall be no less than: ▪ $5,000,000 Each Occurrence ▪ Coverage shall “follow form” over underlying policies listed herein. Professional Liability Amounts of coverage shall be no less than: ▪ $1,000,000 Each Claim ▪ $2,000,000 Annual Aggregate ▪ If a combined Contractor’s Pollution Liability and Professional Liability policy is utilized, the limits shall be $3,000,000 Each Claim. ▪ Such insurance shall cover all services rendered by the Contractor and its consultants under the Agreement, including but not limited to design or design/build services. ▪ Policies written on a Claims-Made basis shall be maintained for at least two years beyond termination of the Agreement. ▪ Such insurance shall cover all services rendered by the Contractor and its subcontractors under the Agreement. ▪ This insurance is not permitted to include any type of exclusion or limitation of coverage applicable to claims arising from: o bodily injury or property damage where coverage is provided on behalf of design professionals or design/build contractors o habitational or residential operations o mold and/or microbial matter and/or fungus and/or biological substance ▪ Any retroactive date must be effective prior to beginning of services for the Owner. ▪ Policies written on a Claims-Made basis shall have an extended reporting period of at least two years beyond termination of the Agreement. Contractor shall trigger the extended reporting period if identical coverage is not otherwise maintained with the expiring retroactive date. Contractors Pollution Liability Amounts of coverage shall be no less than: ▪ $1,000,000 Each Claim ▪ If a combined Contractor’s Pollution Liability and Professional Liability policy is utilized, the limits shall be $3,000,000 Each Claim. ▪ The policy must provide coverage for: o the full scope of the named insured’s operations (on-going and completed) as described within the scope of work for this Agreement o loss arising from pollutants including but not limited to fungus, bacteria, biological substances, mold, microbial matter, asbestos, lead, silica and contaminated drywall o third party liability for bodily injury, property damage, clean up expenses, and defense arising from the operations; o diminution of value and Natural Resources damages o contractual liability o claims arising from non-owned disposal sites utilized in the performance of this Agreement. ▪ The policy must insure contractual liability, name Owner Parties as an Additional Insured, and be primary and noncontributory to all coverage available to the Additional Insured. ▪ This insurance is not permitted to include any type of exclusion or limitation of coverage applicable to claims arising from: o Insured vs. insured actions. However exclusion for claims made between insured within the same economic family are acceptable. o impaired property that has not been physically injured o materials supplied or handled by the named insured. However, exclusions for the sale and manufacture of products are allowed. Exclusionary language pertaining to materials supplied by the insured shall be reviewed by the certificate holder for approval. o property damage to the work performed by the contractor o faulty workmanship as it relates to clean up costs o work performed by subcontractors ▪ If coverage is provided on a Claims Made basis, coverage will at least be retroactive to the earlier of the date of this Agreement or the commencement of contractor services relation to the Work. ▪ The policy will offer an extended discovery or extended reporting clause of at least three (3) years. ▪ Completed Operations coverage shall be maintained through the purchase of renewal policies to protect the insured and additional insured for at least two (2) years after the property owner accepts the project or this contract is terminated. The purchase of an extended discovery period or an extended reporting period on a Claims Made policy or the purchase of occurrence-based Contractors Environmental Insurance will not be sufficient to meet the terms of this provision. Builders Risk ▪ Coverage shall be provided in an amount equal at all times to the full contract value, including change orders, and cost of debris removal for any single occurrence. ▪ Coverage shall be at least as broad as an unmodified ISO Special form, shall be provided on a completed-value basis, and shall be primary to any other insurance coverage available to the named insured ▪ Insureds shall include Owner Parties, General Contractor, all Loss Payees and Mortgagees, and subcontractors of all tiers in the Work as Insureds. ▪ Such insurance shall cover: o all structure(s) under construction, including retaining walls, paved surfaces and roadways, bridges, glass, foundation(s), footings, underground pipes parties, with that other insurance being excess, secondary and non-contributing. ▪ The policy must provide coverage for: and wiring, excavations, grading, backfilling or filling; o all temporary structures (e.g., fencing, scaffolding, cribbing, false work, forms, site lighting, temporary utilities and buildings) o Agreed Value o Damage arising from error, omission or deficiency in construction methods, design, specifications, workmanship or materials, including collapse o Debris removal additional limit o Earthquake and Earthquake Sprinkler Leakage o Flood o Freezing o Mechanical breakdown including hot & cold testing o Ordinance or law o Pollutant clean-up and removal o Preservation of property o Theft • Deductible shall not exceed o All Risks of Direct Damage, Per Occurrence, except o Named Storm o Earthquake and Earthquake Sprinkler Leakage, Per Occurrence o Flood, Per Occurrence or excess of NFIP if in Flood Zone A or V Included Included $1,000,000 $5,000,000 $5,000,000 Included Included $1,000,000 $ 25,000 Included Included $10,000 2% subject to $50,000 minimum $100,000 $100,000 located at the site; o all property including materials and supplies on site for installation; o all property including materials and supplies at other locations but intended for use at the site; o all property including materials and supplies in transit to the site for installation by all means of transportation other than ocean transit; and o other Work at the site identified in the Agreement to which this Exhibit is attached. • No protective safeguard warranty shall be permitted. • The termination of coverage provision shall be endorsed to permit occupancy of the covered property being constructed. This insurance shall be maintained in effect, unless otherwise provided for the Agreement Documents, until the earliest of: o the date on which all persons and organizations who are insureds under the policy agree that it shall be terminated; o occupancy, in whole or in part; o the date on which release of substantial completion is executed; or o the date on which the insurable interests of Contractor in the Covered Property has ceased. • A waiver of subrogation provision shall be provided in favor of all insureds listed above.

Appears in 5 contracts

Samples: This Agreement, This Agreement, This Agreement

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Specific Insurance Requirements. The following insurance shall be maintained in effect with limits not less than those set forth below at all times during the term of this Agreement and thereafter as required: Insurance Coverage/Limits Other Requirements Commercial General Liability (Occurrence Basis) Amounts of coverage shall be no less than: $1,000,000 Per Occurrence $2,000,000 General Aggregate $2,000,000 Products/Completed Operations Aggregate $1,000,000 Personal And Advertising Injury Designated Construction Project(s) General Aggregate Limit Current ISO edition of CG 00 01 Additional insured status shall be provided in favor of Owner Parties on a combination of ISO forms CG 20 10 10 01 04 13 and CG 20 37 10101 or an equivalent04 13. This coverage shall be endorsed to provide primary and non-contributing liability coverage. It is the intent of the parties to this Agreement that all insurance coverage required herein shall be primary to and will not seek contribution from any other insurance held by Owner Parties, with Owner Parties’ insurance being excess, secondary and non-contributing. Stop Gap coverage shall be provided if any work is to be performed in a monopolistic workers’ compensation state. The following exclusions/limitations (or their equivalent(s), are prohibited: o Contractual Liability Limitation CG 21 39 o Amendment of Insured Contract Definition CG 24 26 o Limitation of Coverage to Designated Premises or Project, CG 21 44 o Exclusion-Damage to Work Performed by Subcontractors On Your Behalf, CG 22 94 or CG 22 95 o Exclusion-Explosion, Collapse and Underground Property Damage Hazard, CG 21 42 or CG 21 43 o Any Classification limitation o Any Construction Defect Completed Operations exclusion o Any endorsement modifying the Employer’s Liability exclusion or deleting the exception to it o Any endorsement modifying or deleting Explosion, Collapse or Underground coverage o Any Habitational or Residential exclusion applicable to the Work o Any “Insured vs. Insured” exclusion except Named Insured vs. Named Insured o Any Punitive, Exemplary or Multiplied Damages exclusion o Any Subsidence exclusion Business Auto Liability Amount of coverage shall be no less than: $1,000,000 Combined Single Limit ▪ Per Accident  Current ISO edition of CA 00 01 Arising out of any auto (Symbol 1), including owned, hired and non-owned Workers’ Compensation and Employer’s Liability Amounts of coverage shall be no less than:  Statutory Limits  $1,000,000 Each Accident and Disease  Alternate Employer endorsement  USL&H must be provided where such exposure exists.  The State in which work is to be performed Compensation and Employer’s Liability ▪ Statutory Limits ▪ $1,000,000 Each Accident and Disease ▪ Alternate Employer endorsement must listed under Item 3.A. on the Information Page Such insurance shall cover liability arising out of the Contractor’s employment of workers and anyone for whom the Contractor may be liable for workers’ compensation claims. Workers’ compensation insurance is required, and no “alternative” forms of insurance shall be permitted. Where a Professional Employer Organization (PEO) or “leased employees” are utilized, Contractor shall require its leasing company to provide Workers’ Compensation insurance for said workers and such policy shall be endorsed to provide an Alternate Employer endorsement in favor of Contractor and Owner. Where Contractor uses leased employees with Workers’ Compensation insurance provided by a PEO or employee leasing company, Contractor is strictly prohibited from subletting any of its work without the express written agreement of Owner. Excess Liability (Occurrence Basis) Amounts of coverage shall be no less than: $5,000,000 Each Occurrence ▪ Coverage  $5,000,000 Annual Aggregate  Such insurance shall “follow form” be excess over and be no less broad than all coverages described above.  Drop-down coverage shall be provided for reduction and/or exhaustion of underlying policies listed hereinaggregate limits and shall include a duty to defend any insured. Professional Liability Amounts of coverage shall be no less than: $1,000,000 Each Claim ▪ Occurrence  $2,000,000 Annual Aggregate If a combined Contractor’s Pollution Liability and Professional Liability policy is utilized, the limits shall be $3,000,000 Each ClaimLoss and Aggregate. Such insurance shall cover all services rendered by the Contractor and its consultants under the Agreement, including but not limited to design or design/build services. Policies written on a Claims-Made basis shall be maintained for at least two years beyond termination of the Agreement. Such insurance shall cover all services rendered by the Contractor and its subcontractors under the Agreement. This insurance is not permitted to include any type of exclusion or limitation of coverage applicable to claims arising from: o bodily injury or property damage where coverage is provided on in behalf of design professionals or design/build contractors o habitational or residential operations o mold and/or microbial matter and/or fungus and/or biological substance o punitive, exemplary or multiplied damages.  Any retroactive date must be effective prior to beginning of services for the Owner. Policies written on a Claims-Made basis shall have an extended reporting period of at least two years beyond termination of the Agreement. Contractor Vendor shall trigger the extended reporting period if identical coverage is not otherwise maintained with the expiring retroactive date. Contractors Pollution Liability Amounts of coverage shall be no less than: $1,000,000 Each Claim ▪ Loss  $2,000,000 Annual Aggregate  If a combined Contractor’s Pollution Liability and Professional Liability policy is utilized, the limits shall be $3,000,000 Each ClaimLoss and Aggregate. The policy must provide coverage for: o the full scope of the named insured’s operations (on-going and completed) as described within the scope of work for this Agreement o loss arising from pollutants including but not limited to fungus, bacteria, biological substances, mold, microbial matter, asbestos, lead, silica and contaminated drywall o third party liability for bodily injury, property damage, clean up expenses, and defense arising from the operations; o diminution of value and Natural Resources damages o contractual liability o claims arising from non-owned disposal sites utilized in the performance of this Agreement. The policy must insure contractual liability, name Owner Parties as an Additional Insured, and be primary and noncontributory to all coverage available to the Additional Insured. This insurance is not permitted to include any type of exclusion or limitation of coverage applicable to claims arising from: o Insured vs. insured actions. However exclusion for claims made between insured within the same economic family are acceptable. o impaired property that has not been physically injured o materials supplied or handled by the named insured. However, exclusions for the sale and manufacture of products are allowed. Exclusionary language pertaining to materials supplied by the insured shall be reviewed by the certificate holder for approval. o property damage to the work performed by the contractor o faulty workmanship as it relates to clean up costs o punitive, exemplary or multiplied damages o work performed by subcontractors If coverage is provided on a Claims Made basis, coverage will at least be retroactive to the earlier of the date of this Agreement or the commencement of contractor services relation to the Work. The policy will offer an extended discovery or extended reporting clause of at least three (3) years. Completed Operations coverage shall be maintained through the purchase of renewal policies to protect the insured and additional insured for at least two (2) years after the property owner accepts the project or this contract is terminated. The purchase of an extended discovery period or an extended reporting period on a Claims Made policy or the purchase of occurrence-occurrence based Contractors Environmental Insurance will not be sufficient to meet the terms of this provision. Builders Risk Coverage shall be provided in an amount equal at all times to the full contract value, including change orders, and cost of debris removal for any single occurrence. Coverage shall be at least as broad as an unmodified ISO Special form, shall be provided on a completed-value basis, and shall be primary to any other insurance coverage available to the named insured parties, with that other insurance being excess, secondary and non-contributing.  The policy must provide coverage for:  Insureds shall include Owner PartiesOwner, General Contractor, all Loss Payees and Mortgagees, and subcontractors of all tiers in the Work as Insureds. Such insurance shall cover: o all structure(s) under construction, including retaining walls, paved surfaces and roadways, bridges, glass, foundation(s), footings, underground pipes parties, with that other insurance being excess, secondary and non-contributing. ▪ The policy must provide coverage for: and wiring, excavations, grading, backfilling or filling; o all temporary structures (e.g., fencing, scaffolding, cribbing, false work, forms, site lighting, temporary utilities and buildings) o Agreed Value o Damage arising from error, omission or deficiency in construction methods, design, specifications, workmanship or materials, including collapse o Debris removal additional limit o Earthquake and Earthquake Sprinkler Leakage o Flood o Freezing o Mechanical breakdown including hot & cold testing o Ordinance or law o Pollutant clean-up and removal o Preservation of property o Theft Deductible shall not exceed o All Risks of Direct Damage, Per Occurrence, except o Named Storm o Earthquake and Earthquake Sprinkler Leakage, Per Occurrence o Flood, Per Occurrence or excess of NFIP if in Flood Zone A or V Included Included $1,000,000 $5,000,000 $5,000,000 Included Included $1,000,000 $ 25,000 Included Included $10,000 2% subject to $50,000 minimum $100,000 $100,000 located at the site; o all property including materials and supplies on site for installation; o all property including materials and supplies at other locations but intended for use at the site; o all property including materials and supplies in transit to the site for installation by all means of transportation other than ocean transit; and o other Work at the site identified in the Agreement to which this Exhibit is attached. No protective safeguard warranty shall be permitted. The termination of coverage provision shall be endorsed to permit occupancy of the covered property being constructed. constructed This insurance shall be maintained in effect, unless otherwise provided for the Agreement Documents, until the earliest of: o the date on which all persons and organizations who are insureds under the policy agree that it shall be terminated; o occupancy, in whole or in part; o the date on which release of substantial completion is executed; or o Earthquake and Earthquake Sprinkler Leakage, Per Occurrence o Flood, Per Occurrence or excess of NFIP if in Flood Zone A or V o the date on which the insurable interests of Contractor in the Covered Property has ceased. A waiver of subrogation provision shall be provided in favor of all insureds listed aboveinsureds.

Appears in 2 contracts

Samples: Agreement, Agreement

Specific Insurance Requirements. The following insurance shall be maintained in effect with limits not less than those set forth below at all times during the term of this Agreement and thereafter as required: Insurance Coverage/Limits Other Requirements Commercial General Liability (Occurrence Basis) Amounts of coverage shall be no less than: ▪ $1,000,000 Per Occurrence ▪ $2,000,000 General Aggregate ▪ $2,000,000 Products/Completed Operations Aggregate ▪ $1,000,000 Personal And Advertising Injury ▪ Designated Construction Project(s) General Aggregate Limit ▪ Current ISO edition of CG 00 01 ▪ Additional insured status shall be provided in favor of Owner Parties on a combination of ISO forms CG 20 10 10 01 and CG 20 37 10101 or an equivalent. ▪ This coverage shall be endorsed to provide primary and non-contributing liability coverage. It is the intent of the parties to this Agreement that all insurance coverage required herein shall be primary to and will not seek contribution from any other insurance held by Owner Parties, with Owner Parties’ insurance being excess, secondary and non-contributing. ▪ Stop Gap coverage shall be provided if any work is to be performed in a monopolistic workers’ compensation state. ▪ The following exclusions/limitations (or their equivalent(s), are prohibited: o Contractual Liability Limitation CG 21 39 o Amendment of Insured Contract Definition CG 24 26 o Exclusion-Damage to Work Performed by Subcontractors On Your Behalf, CG 22 94 or CG 22 95 o Any Classification limitation o Any Construction Defect Completed Operations exclusion o Any endorsement modifying the Employer’s Liability exclusion or deleting exception to it o Any endorsement modifying or deleting Explosion, Collapse or Underground coverage o Any Habitational or Residential exclusion applicable to the Work o Any “Insured vs. Insured” exclusion except Named Insured vs. Named Insured o Any Punitive, Exemplary or Multiplied Damages exclusion o Any Subsidence exclusion Business Auto Liability Amount of coverage shall be no less than: ▪ $1,000,000 Combined Single Limit ▪ Current ISO edition of CA 00 01 ▪ Arising out of any auto (Symbol 1), including owned, hired and non-owned Workers’ Compensation and Employer’s Liability Amounts of coverage shall be no less than: ▪ The State in which work is to be performed Compensation and Employer’s Liability ▪ Statutory Limits ▪ $1,000,000 Each Accident and Disease ▪ Alternate Employer endorsement ▪ The State in which work is to be performed must listed under Item 3.A. on the Information Page ▪ Such insurance shall cover liability arising out of the Contractor’s employment of workers and anyone for whom the Contractor may be liable for workers’ compensation claims. Workers’ compensation insurance is required, and no “alternative” forms of insurance shall be permitted. ▪ Where a Professional Employer Organization (PEO) or “leased employees” are utilized, Contractor shall require its leasing company to provide Workers’ Compensation insurance for said workers and such policy shall be endorsed to provide an Alternate Employer endorsement in favor of Contractor and Owner. Where Contractor uses leased employees with Workers’ Compensation insurance provided by a PEO or employee leasing company, Contractor is strictly prohibited from subletting any of its work without the express written agreement of Owner. Excess Liability (Occurrence Basis) Amounts of coverage shall be no less than: ▪ $5,000,000 Each Occurrence ▪ Coverage shall “follow form” over underlying policies listed herein. Professional Liability Amounts of coverage shall be no less than: ▪ $1,000,000 Each Claim ▪ $2,000,000 Annual Aggregate ▪ If a combined Contractor’s Pollution Liability and Professional Liability policy is utilized, the limits shall be $3,000,000 Each Claim. ▪ Such insurance shall cover all services rendered by the Contractor and its consultants under the Agreement, including but not limited to design or design/build services. ▪ Policies written on a Claims-Made basis shall be maintained for at least two years beyond termination of the Agreement. ▪ Such insurance shall cover all services rendered by the Contractor and its subcontractors under the Agreement. ▪ This insurance is not permitted to include any type of exclusion or limitation of coverage applicable to claims arising from: o bodily injury or property damage where coverage is provided on behalf consultants under the Agreement, including but not limited to design or design/build services. ▪ Policies written on a Claims-Made basis shall be maintained for at least two years beyond termination of the Agreement. of design professionals or design/build contractors o habitational or residential operations o mold and/or microbial matter and/or fungus and/or biological substance ▪ Any retroactive date must be effective prior to beginning of services for the Owner. ▪ Policies written on a Claims-Made basis shall have an extended reporting period of at least two years beyond termination of the Agreement. Contractor shall trigger the extended reporting period if identical coverage is not otherwise maintained with the expiring retroactive date. Contractors Pollution Liability Amounts of coverage shall be no less than: ▪ $1,000,000 Each Claim ▪ If a combined Contractor’s Pollution Liability and Professional Liability policy is utilized, the limits shall be $3,000,000 Each Claim. ▪ The policy must provide coverage for: o the full scope of the named insured’s operations (on-going and completed) as described within the scope of work for this Agreement o loss arising from pollutants including but not limited to fungus, bacteria, biological substances, mold, microbial matter, asbestos, lead, silica and contaminated drywall o third party liability for bodily injury, property damage, clean up expenses, and defense arising from the operations; o diminution of value and Natural Resources damages o contractual liability o claims arising from non-owned disposal sites utilized in the performance of this Agreement. ▪ The policy must insure contractual liability, name Owner Parties as an Additional Insured, and be primary and noncontributory to all coverage available to the Additional Insured. ▪ This insurance is not permitted to include any type of exclusion or limitation of coverage applicable to claims arising from: o Insured vs. insured actions. However exclusion for claims made between insured within the same economic family are acceptable. o impaired property that has not been physically injured o materials supplied or handled by the named insured. However, exclusions for the sale and manufacture of products are allowed. Exclusionary language pertaining to materials supplied by the insured shall be reviewed by the certificate holder for approval. o property damage to the work performed by the contractor o faulty workmanship as it relates to clean up costs o work performed by subcontractors ▪ If coverage is provided on a Claims Made basis, coverage will at least be retroactive to the earlier of the date of this Agreement or the commencement of contractor services relation to the Work. ▪ The policy will offer an extended discovery or extended reporting clause of at least three (3) years. ▪ Completed Operations coverage shall be maintained through the purchase of renewal policies to protect the insured and additional insured for at least two (2) years after the property owner accepts the project or this contract is terminated. The purchase of an extended discovery period or an extended reporting period on a Claims Made policy or the purchase of occurrence-based Contractors Environmental Insurance will not be sufficient to meet the terms of this provision. Builders Risk ▪ Coverage shall be provided in an amount equal at all times to the full contract value, including change orders, and cost of debris removal for any single occurrence. ▪ Coverage shall be at least as broad as an unmodified ISO Special form, shall be provided on a completed-value basis, and shall be primary to any other insurance coverage available to the named insured parties, with that other insurance being excess, secondary and non-contributing. ▪ The policy must provide coverage for: ▪ Insureds shall include Owner Parties, General Contractor, all Loss Payees and Mortgagees, and subcontractors of all tiers in the Work as Insureds. ▪ Such insurance shall cover: o all structure(s) under construction, including retaining walls, paved surfaces and roadways, bridges, glass, foundation(s), footings, underground pipes parties, with that other insurance being excess, secondary and non-contributing. ▪ The policy must provide coverage for: and wiring, excavations, grading, backfilling or filling; o all temporary structures (e.g., fencing, scaffolding, cribbing, false work, forms, site lighting, temporary utilities and buildings) o Agreed Value o Damage arising from error, omission or deficiency in construction methods, design, specifications, workmanship or materials, including collapse o Debris removal additional limit o Earthquake and Earthquake Sprinkler Leakage o Flood o Freezing o Mechanical breakdown including hot & cold testing o Ordinance or law o Pollutant clean-up and removal o Preservation of property o Theft • Deductible shall not exceed o All Risks of Direct Damage, Per Occurrence, except o Named Storm o Earthquake and Earthquake Sprinkler Leakage, Per Occurrence o Flood, Per Occurrence or excess of NFIP if in Flood Zone A or V Included Included $1,000,000 $5,000,000 $5,000,000 Included Included $1,000,000 $ 25,000 Included Included $10,000 2% subject to $50,000 minimum $100,000 $100,000 located at the site; o all property including materials and supplies on site for installation; o all property including materials and supplies at other locations but intended for use at the site; o all property including materials and supplies in transit to the site for installation by all means of transportation other than ocean transit; and o other Work at the site identified in the Agreement to which this Exhibit is attached. o Flood o Freezing o Mechanical breakdown including hot & cold testing o Ordinance or law o Pollutant clean-up and removal o Preservation of property o Theft • Deductible shall not exceed o All Risks of Direct Damage, Per Occurrence, except o Named Storm o Earthquake and Earthquake Sprinkler Leakage, Per Occurrence o Flood, Per Occurrence or excess of NFIP if in Flood Zone A or V $1,000,000 $ 25,000 Included Included $10,000 2% subject to $50,000 minimum $100,000 $100,000 • No protective safeguard warranty shall be permitted. • The termination of coverage provision shall be endorsed to permit occupancy of the covered property being constructed. This insurance shall be maintained in effect, unless otherwise provided for the Agreement Documents, until the earliest of: o the date on which all persons and organizations who are insureds under the policy agree that it shall be terminated; o occupancy, in whole or in part; o the date on which release of substantial completion is executed; or o the date on which the insurable interests of Contractor in the Covered Property has ceased. • A waiver of subrogation provision shall be provided in favor of all insureds listed above.

Appears in 2 contracts

Samples: This Agreement, This Agreement

Specific Insurance Requirements. The following insurance shall be maintained in effect with limits not less than those set forth below at all times during the term of this Agreement and thereafter as required: Insurance Coverage/Limits Other Requirements Commercial General Liability (Occurrence Basis) Amounts of coverage shall be no less than: ▪ $1,000,000 Per Occurrence ▪ $2,000,000 General Aggregate ▪ $2,000,000 Products/Completed Operations Aggregate ▪ $1,000,000 Personal And Advertising Injury ▪ Designated Construction Project(s) General Aggregate Limit ▪ Current ISO edition of CG 00 01 ▪ Additional insured status shall be provided in favor of Owner Parties on a combination of ISO forms CG 20 10 10 01 and CG 20 37 10101 or an equivalent. ▪ This coverage shall be endorsed to provide primary and non-contributing liability coverage. It is the intent of the parties to this Agreement that all insurance coverage required herein shall be primary to and will not seek contribution from any other insurance held by Owner Parties, with Owner Parties’ insurance being excess, secondary and non-contributing. ▪ Stop Gap coverage shall be provided if any work is to be performed in a monopolistic workers’ compensation state. ▪ The following exclusions/limitations (or their equivalent(s), are prohibited: o Contractual Liability Limitation CG 21 39 o Amendment of Insured Contract Definition CG 24 26 o Exclusion-Damage to Work Performed by Subcontractors On Your Behalf, CG 22 94 or CG 22 95 o Any Classification limitation o Any Construction Defect Completed Operations exclusion o Any endorsement modifying the Employer’s Liability exclusion or deleting exception to it o Any endorsement modifying or deleting Explosion, Collapse or Underground coverage o Any Habitational or Residential exclusion applicable to the Work o Any “Insured vs. Insured” exclusion except Named Insured vs. Named Insured o Any Punitive, Exemplary or Multiplied Damages exclusion o Any Subsidence exclusion Business Auto Liability Amount of coverage shall be no less than: ▪ $1,000,000 Combined Single Limit ▪ Current ISO edition of CA 00 01 ▪ Arising out of any auto (Symbol 1), including owned, hired and non-owned Workers’ Compensation and Employer’s Liability Amounts of coverage shall be no less than: ▪ The State in which work is to be performed Compensation and Employer’s Liability ▪ Statutory Limits ▪ $1,000,000 Each Accident and Disease ▪ Alternate Employer endorsement ▪ The State in which work is to be performed must listed under Item 3.A. on the Information Page ▪ Such insurance shall cover liability arising out of the Contractor’s employment of workers and anyone for whom the Contractor may be liable for workers’ compensation claims. Workers’ compensation insurance is required, and no “alternative” forms of insurance shall be permitted. ▪ Where a Professional Employer Organization (PEO) or “leased employees” are utilized, Contractor shall require its leasing company to provide Workers’ Compensation insurance for said workers and such policy shall be endorsed to provide an Alternate Employer endorsement in favor of Contractor and Owner. Where Contractor uses leased employees with Workers’ Compensation insurance provided by a PEO or employee leasing company, Contractor is strictly prohibited from subletting any of its work without the express written agreement of Owner. Excess Liability (Occurrence Basis) Amounts of coverage shall be no less than: ▪ $5,000,000 Each Occurrence ▪ Coverage shall “follow form” over underlying policies listed herein. Professional Liability Amounts of coverage shall be no less than: ▪ $1,000,000 Each Claim ▪ $2,000,000 Annual Aggregate ▪ If a combined Contractor’s Pollution Liability and Professional Liability policy is utilized, the limits shall be $3,000,000 Each Claim. ▪ Such insurance shall cover all services rendered by the Contractor and its consultants under the Agreement, including but not limited to design or design/build services. ▪ Policies written on a Claims-Made basis shall be maintained for at least two years beyond termination of the Agreement. ▪ Such insurance shall cover all services rendered by the Contractor and its subcontractors under the Agreement. ▪ This insurance is not permitted to include any type of exclusion or limitation of coverage applicable to claims arising from: o bodily injury or property damage where coverage is provided on behalf consultants under the Agreement, including but not limited to design or design/build services. ▪ Policies written on a Claims-Made basis shall be maintained for at least two years beyond termination of the Agreement. of design professionals or design/build contractors o habitational or residential operations o mold and/or microbial matter and/or fungus and/or biological substance ▪ Any retroactive date must be effective prior to beginning of services for the Owner. ▪ Policies written on a Claims-Made basis shall have an extended reporting period of at least two years beyond termination of the Agreement. Contractor shall trigger the extended reporting period if identical coverage is not otherwise maintained with the expiring retroactive date. Contractors Pollution Liability Amounts of coverage shall be no less than: ▪ $1,000,000 Each Claim ▪ If a combined Contractor’s Pollution Liability and Professional Liability policy is utilized, the limits shall be $3,000,000 Each Claim. ▪ The policy must provide coverage for: o the full scope of the named insured’s operations (on-going and completed) as described within the scope of work for this Agreement o loss arising from pollutants including but not limited to fungus, bacteria, biological substances, mold, microbial matter, asbestos, lead, silica and contaminated drywall o third party liability for bodily injury, property damage, clean up expenses, and defense arising from the operations; o diminution of value and Natural Resources damages o contractual liability o claims arising from non-owned disposal sites utilized in the performance of this Agreement. ▪ The policy must insure contractual liability, name Owner Parties as an Additional Insured, and be primary and noncontributory to all coverage available to the Additional Insured. ▪ This insurance is not permitted to include any type of exclusion or limitation of coverage applicable to claims arising from: o Insured vs. insured actions. However exclusion for claims made between insured within the same economic family are acceptable. o impaired property that has not been physically injured o materials supplied or handled by the named insured. However, exclusions for the sale and manufacture of products are allowed. Exclusionary language pertaining to materials supplied by the insured shall be reviewed by the certificate holder for approval. o property damage to the work performed by the contractor o faulty workmanship as it relates to clean up costs o work performed by subcontractors ▪ If coverage is provided on a Claims Made basis, coverage will at least be retroactive to the earlier of the date of this Agreement or the commencement of contractor services relation to the Work. ▪ The policy will offer an extended discovery or extended reporting clause of at least three (3) years. ▪ Completed Operations coverage shall be maintained through the purchase of renewal policies to protect the insured and additional insured for at least two (2) years after the property owner accepts the project or this contract is terminated. The purchase of an extended discovery period or an extended reporting period on a Claims Made policy or the purchase of occurrence-based Contractors Environmental Insurance will not be sufficient to meet the terms of this provision. Builders Risk ▪ Coverage shall be provided in an amount equal at all times to the full contract value, including change orders, and cost of debris removal for any single occurrence. ▪ Coverage shall be at least as broad as an unmodified ISO Special form, shall be provided on a completed-value basis, and shall be primary to any other insurance coverage available to the named insured parties, with that other insurance being excess, secondary and non-contributing. ▪ The policy must provide coverage for: ▪ Insureds shall include Owner Parties, General Contractor, all Loss Payees and Mortgagees, and subcontractors of all tiers in the Work as Insureds. ▪ Such insurance shall cover: o all structure(s) under construction, including retaining walls, paved surfaces and roadways, bridges, glass, foundation(s), footings, underground pipes parties, with that other insurance being excess, secondary and non-contributing. ▪ The policy must provide coverage for: and wiring, excavations, grading, backfilling or filling; o all temporary structures (e.g., fencing, scaffolding, cribbing, false work, forms, site lighting, temporary utilities and buildings) o Agreed Value o Damage arising from error, omission or deficiency in construction methods, design, specifications, workmanship or materials, including collapse o Debris removal additional limit o Earthquake and Earthquake Sprinkler Leakage o Flood o Freezing o Mechanical breakdown including hot & cold testing o Ordinance or law o Pollutant clean-up and removal o Preservation of property o Theft • Deductible shall not exceed o All Risks of Direct Damage, Per Occurrence, except o Named Storm o Earthquake and Earthquake Sprinkler Leakage, Per Occurrence o Flood, Per Occurrence or excess of NFIP if in Flood Zone A or V Included Included $1,000,000 $5,000,000 $5,000,000 Included Included $1,000,000 $ 25,000 Included Included $10,000 2% subject to $50,000 minimum $100,000 $100,000 located at the site; o all property including materials and supplies on site for installation; o all property including materials and supplies at other locations but intended for use at the site; o all property including materials and supplies in transit to the site for installation by all means of transportation other than ocean transit; and o other Work at the site identified in the Agreement to which this Exhibit is attached. o Agreed Value Included o Damage arising from Included error, omission or deficiency in construction methods, design, specifications, workmanship or materials, including $1,000,000 collapse o Debris removal $5,000,000 additional limit o Earthquake and $5,000,000 Earthquake Sprinkler Included Leakage Included o Flood o Freezing $1,000,000 o Mechanical $ 25,000 breakdown including hot & cold testing Included o Ordinance or law Included o Pollutant clean-up and removal $10,000 o Preservation ofproperty 2% subject o Theft to $50,000 • Deductible shall not minimum exceed $100,000 o All Risks of Direct Damage, Per Occurrence, except $100,000 o Named Storm o Earthquake and Earthquake Sprinkler Leakage, Per Occurrence o Flood, Per Occurrence or excess of NFIP if in Flood Zone A or V • No protective safeguard warranty shall be permitted. • The termination of coverage provision shall be endorsed to permit occupancy of the covered property being constructed. This insurance shall be maintained in effect, unless otherwise provided for the Agreement Documents, until the earliest of: o the date on which all persons and organizations who are insureds under the policy agree that it shall be terminated; o occupancy, in whole or in part; o the date on which release of substantial completion is executed; or o the date on which the insurable interests of Contractor in the Covered Property has ceased. • A waiver of subrogation provision shall be provided in favor of all insureds listed above.

Appears in 1 contract

Samples: This Agreement

Specific Insurance Requirements. The following insurance shall be maintained in effect with limits not less than those set forth below at all times during the term of this Agreement and thereafter as required: Insurance Coverage/Limits Other Requirements Commercial General Liability (Occurrence Basis) Amounts of coverage shall be no less than: ▪ $1,000,000 Per Occurrence ▪ $2,000,000 General Aggregate ▪ $2,000,000 Products/Completed Operations Aggregate ▪ $1,000,000 Personal And Advertising Injury ▪ Designated Construction Project(s) General Aggregate Limit ▪ Current ISO edition of CG 00 01 ▪ Additional insured status shall be provided in favor of Owner Parties on a combination of ISO forms CG 20 10 10 01 and CG 20 37 10101 or an equivalent. ▪ This coverage shall be endorsed to provide primary and non-contributing liability coverage. It is the intent of the parties to this Agreement that all insurance coverage required herein shall be primary to and will not seek contribution from any other insurance held by Owner Parties, with Owner Parties’ insurance being excess, secondary and non-non- contributing. ▪ Stop Gap coverage shall be provided if any work is to be performed in a monopolistic workers’ compensation state. ▪ The following exclusions/limitations (or their equivalent(s), are prohibited: o Contractual Liability Limitation CG 21 39 o Amendment of Insured Contract Definition CG 24 26 o Exclusion-Damage to Work Performed by Subcontractors On Your Behalf, CG 22 94 or CG 22 95 o Any Classification limitation o Any Construction Defect Completed Operations exclusion o Any endorsement modifying the Employer’s Liability exclusion or deleting exception to it o Any endorsement modifying or deleting Explosion, Collapse or Underground coverage o Any Habitational or Residential exclusion applicable to the Work o Any “Insured vs. Insured” exclusion except Named Insured vs. Named Insured o Any Punitive, Exemplary or Multiplied Damages exclusion o Any Subsidence exclusion Business Auto Liability Amount of coverage shall be no less than: ▪ $1,000,000 Combined Single Limit ▪ Current ISO edition of CA 00 01 ▪ Arising out of any auto (Symbol 1), including owned, hired and non-owned Workers’ Compensation and Employer’s Liability Amounts of coverage shall be no less than: ▪ The State in which work is to be performed Compensation and Employer’s Liability ▪ Statutory Limits ▪ $1,000,000 Each Accident and Disease ▪ Alternate Employer endorsement ▪ The State in which work is to be performed must listed under Item 3.A. on the Information Page ▪ Such insurance shall cover liability arising out of the Contractor’s employment of workers and anyone for whom the Contractor may be liable for workers’ compensation claims. Workers’ compensation insurance is required, and no “alternative” forms of insurance shall be permitted. ▪ Where a Professional Employer Organization (PEO) or “leased employees” are utilized, Contractor shall require its leasing company to provide Workers’ Compensation insurance for said workers and such policy shall be endorsed to provide an Alternate Employer endorsement in favor of Contractor and Owner. Where Contractor uses leased employees with Workers’ Compensation insurance provided by a PEO or employee leasing company, Contractor is strictly prohibited from subletting any of its work without the express written agreement of Owner. Excess Liability (Occurrence Basis) Amounts of coverage shall be no less than: ▪ $5,000,000 Each Occurrence ▪ Coverage shall “follow form” over underlying policies listed herein. Professional Liability Amounts of coverage shall be no less than: ▪ $1,000,000 Each Claim ▪ $2,000,000 Annual Aggregate ▪ If a combined Contractor’s Pollution Liability and Professional Liability policy is utilized, the limits shall be $3,000,000 Each Claim. ▪ Such insurance shall cover all services rendered by the Contractor and its consultants under the Agreement, including but not limited to design or design/build services. ▪ Policies written on a Claims-Made basis shall be maintained for at least two years beyond termination of the Agreement. ▪ Such insurance shall cover all services rendered by the Contractor and its subcontractors under the Agreement. ▪ This insurance is not permitted to include any type of exclusion or limitation of coverage applicable to claims arising from: o bodily injury or property damage where coverage is provided on behalf of design professionals or design/build contractors o habitational or residential operations o mold and/or microbial matter and/or fungus and/or biological substance ▪ Any retroactive date must be effective prior to beginning of services for the Owner. ▪ Policies written on a Claims-Made basis shall have an extended reporting period of at least two years beyond termination of the Agreement. Contractor shall trigger the extended reporting period if identical coverage is not otherwise maintained with the expiring retroactive date. Contractors Pollution Liability Amounts of coverage shall be no less than: ▪ $1,000,000 Each Claim ▪ If a combined Contractor’s Pollution Liability and Professional Liability policy is utilized, the limits shall be $3,000,000 Each Claim. ▪ The policy must provide coverage for: o the full scope of the named insured’s operations (on-going and completed) as described within the scope of work for this Agreement o loss arising from pollutants including but not limited to fungus, bacteria, biological substances, mold, microbial matter, asbestos, lead, silica and contaminated drywall o third party liability for bodily injury, property damage, clean up expenses, and defense arising from the operations; o diminution of value and Natural Resources damages o contractual liability o claims arising from non-owned disposal sites utilized in the performance of this Agreement. ▪ The policy must insure contractual liability, name Owner Parties as an Additional Insured, and be primary and noncontributory to all coverage available to the Additional Insured. ▪ This insurance is not permitted to include any type of exclusion or limitation of coverage applicable to claims arising from: o Insured vs. insured actions. However exclusion for claims made between insured within the same economic family are acceptable. o impaired property that has not been physically injured o materials supplied or handled by the named insured. However, exclusions for the sale and manufacture of products are allowed. Exclusionary language pertaining to materials supplied by the insured shall be reviewed by the certificate holder for approval. o property damage to the work performed by the contractor o faulty workmanship as it relates to clean up costs o work performed by subcontractors ▪ If coverage is provided on a Claims Made basis, coverage will at least be retroactive to the earlier of the date of this Agreement or the commencement of contractor services relation to the Work. ▪ The policy will offer an extended discovery or extended reporting clause of at least three (3) years. ▪ Completed Operations coverage shall be maintained through the purchase of renewal policies to protect the insured and additional insured for at least two (2) years after the property owner accepts the project or this contract is terminated. The purchase of an extended discovery period or an extended reporting period on a Claims Made policy or the purchase of occurrence-based Contractors Environmental Insurance will not be sufficient to meet the terms of this provision. Builders Risk ▪ Coverage shall be provided in an amount equal at all times to the full contract value, including change orders, and cost of debris removal for any single occurrence. ▪ Coverage shall be at least as broad as an unmodified ISO Special form, shall be provided on a completed-value basis, and shall be primary to any other insurance coverage available to the named insured ▪ Insureds shall include Owner Parties, General Contractor, all Loss Payees and Mortgagees, and subcontractors of all tiers in the Work as Insureds. ▪ Such insurance shall cover: o all structure(s) under construction, including retaining walls, paved surfaces and roadways, bridges, glass, foundation(s), footings, underground pipes shall be primary to any other insurance coverage available to the named insured parties, with that other insurance being excess, secondary and non-contributing. ▪ The policy must provide coverage for: and roadways, bridges, glass, foundation(s), footings, underground pipes and wiring, excavations, grading, backfilling or filling; o all temporary structures (e.g., fencing, scaffolding, cribbing, false work, forms, site lighting, temporary utilities and buildings) o Agreed Value o Damage arising from error, omission or deficiency in construction methods, design, specifications, workmanship or materials, including collapse o Debris removal additional limit o Earthquake and Earthquake Sprinkler Leakage o Flood o Freezing o Mechanical breakdown including hot & cold testing o Ordinance or law o Pollutant clean-up and removal o Preservation of property o Theft • Deductible shall not exceed o All Risks of Direct Damage, Per Occurrence, except o Named Storm o Earthquake and Earthquake Sprinkler Leakage, Per Occurrence o Flood, Per Occurrence or excess of NFIP if in Flood Zone A or V Included Included $1,000,000 $5,000,000 $5,000,000 Included Included $1,000,000 $ 25,000 Included Included $10,000 2% subject to $50,000 minimum $100,000 $100,000 located at the site; o all property including materials and supplies on site for installation; o all property including materials and supplies at other locations but intended for use at the site; o all property including materials and supplies in transit to the site for installation by all means of transportation other than ocean transit; and o other Work at the site identified in the Agreement to which this Exhibit is attached. • No protective safeguard warranty shall be permitted. • The termination of coverage provision shall be endorsed to permit occupancy of the covered property being constructed. This insurance shall be maintained in effect, unless otherwise provided for the Agreement Documents, until the earliest of: o the date on which all persons and organizations who are insureds under the policy agree that it shall be terminated; o occupancy, in whole or in part; o the date on which release of substantial completion is executed; or o the date on which the insurable interests of Contractor in the Covered Property has ceased. • A waiver of subrogation provision shall be provided in favor of all insureds listed above.. o Damage arising from Included error, omission or deficiency in construction methods, design, specifications, workmanship or materials, including $1,000,000 collapse o Debris removal $5,000,000 additional limit o Earthquake and $5,000,000 Earthquake Sprinkler Included Leakage Included o Flood o Freezing $1,000,000 o Mechanical breakdown $ 25,000 including hot & cold testing Included o Ordinance or law Included o Pollutant clean-up and removal $10,000 o Preservation of property o Theft 2% subject • Deductible shall not exceed to $50,000 o All Risks of Direct Damage, Per minimum $100,000 Occurrence, except o Named Storm $100,000 o Earthquake and

Appears in 1 contract

Samples: This Agreement

Specific Insurance Requirements. The following insurance shall be maintained in effect with limits not less than those set forth below at all times during the term of this Agreement and thereafter as required: Insurance Coverage/Limits Other Requirements Commercial General Liability (Occurrence Basis) Amounts of coverage shall be no less than: ▪ $1,000,000 Per Occurrence $2,000,000 General Aggregate $2,000,000 Products/Completed Operations Aggregate $1,000,000 Personal And Advertising Injury Designated Construction Project(sLocation(s) General Aggregate Limit Current ISO edition of CG 00 01 ▪ Additional insured status The personal injury contractual liability exclusion shall be provided in favor deleted. Landlord shall be included as an insured under the CGL policy for liability arising out of Owner Parties Tenant s maintenance, use or occupancy of the Leased Premises under this Agreement. Such coverage shall be written on a combination of ISO forms form CG 20 10 10 01 and CG 20 37 10101 or an equivalent11 04 13. This coverage shall be endorsed to provide primary and non-contributing liability coverage. It is the intent of the parties to this Agreement that all insurance coverage required herein shall be primary to and will not shall seek no contribution from any other all insurance held by Owner available to Landlord Parties, with Owner Parties’ Landlord Parties insurance being excess, secondary and non-contributing. ▪ Stop Gap coverage shall be provided if any work is to be performed in a monopolistic workers’ compensation state. ▪ The following exclusions/limitations (or their equivalent(s), are prohibited: o Contractual Liability Limitation CG 21 39 o Amendment of Insured Contract Definition CG 24 26 o Exclusion-Damage to Work Performed by Subcontractors On Your Behalf, CG 22 94 or CG 22 95 o Any Classification limitation o Any Construction Defect Completed Operations exclusion o Any endorsement modifying the Employer’s Employer s Liability exclusion or deleting the exception to it o Any endorsement modifying or deleting Explosion, Collapse or Underground coverage o Any Habitational or Residential exclusion applicable to the Work o Any “Insured vs. Insured” Insured exclusion except Named Insured vs. Named Insured o Any Punitive, Exemplary or Multiplied Damages exclusion o Any Subsidence exclusion Business Auto Liability Amount of coverage shall be no less than: ▪ $1,000,000 Combined Single Limit ▪ Per Accident Current ISO edition of CA 00 01 Arising out of any auto (Symbol 1), including owned, hired and non-owned Workers’ Amounts of coverage shall nonowned Workers Compensation and Employer s Liability Statutory Limits $1,000,000 Each Accident and Disease USL&H must be no less than: ▪ provided where such exposure exists. The State in which work is to be performed Compensation and Employer’s Liability ▪ Statutory Limits ▪ $1,000,000 Each Accident and Disease ▪ Alternate Employer endorsement must listed under Item 3.A. on the Information Page Such insurance shall cover liability arising out of the Contractor’s Tenant s employment of workers and anyone for whom the Contractor Tenant may be liable for workers’ workers compensation claims. Workers’ Workers compensation insurance is required, and no “alternative” alternative forms of insurance shall be permitted. Where a Professional Employer Organization (PEO) or leased employees” employees are utilized, Contractor Tenant shall require its leasing company to provide Workers’ Workers Compensation insurance for said workers and such policy shall be endorsed to provide an Alternate Employer endorsement in favor of Contractor and Owner. Where Contractor uses leased employees with Workers’ Compensation insurance provided by a PEO or employee leasing company, Contractor is strictly prohibited from subletting any of its work without the express written agreement of OwnerLandlord. Excess Liability (Occurrence Basis) Amounts of $2,000,000 Each Occurrence Such insurance shall be excess over and be no less broad than all coverages described above. Drop-down coverage shall be no less than: ▪ $5,000,000 Each Occurrence ▪ Coverage provided for reduction and/or exhaustion of underlying aggregate limits and shall “follow form” over underlying policies listed hereininclude a duty to defend any insured. Professional Environmental Liability Amounts of coverage shall be no less than: ▪ $1,000,000 Each Claim ▪ $2,000,000 Annual Aggregate ▪ If a combined Contractor’s Pollution Liability Occurrence Such insurance must provide third party liability coverage for bodily injury, property damage, clean up expenses, and Professional Liability defense arising from the operations of Tenant. All coverage provided in the policy is utilized, shall apply to operations and completed operations of the limits firm without separate restrictions for either of these time frames. Mold and/or microbial matter and/or fungus and/or biological substance shall be $3,000,000 Each Claimspecifically included within the definition of Pollutants in the policy. ▪ Such insurance shall cover all services rendered by the Contractor and its consultants under the Agreement, including but not limited to design or design/build services. ▪ Policies written on a Claims-Made basis shall be maintained for at least two years beyond termination of the Agreement. ▪ Such insurance shall cover all services rendered by the Contractor and its subcontractors under the Agreement. ▪ This insurance is not permitted to include any type of exclusion or limitation of coverage applicable to claims arising from: o bodily injury asbestos or property damage where coverage is provided on behalf of design professionals or design/build contractors o habitational or residential operations o mold and/or microbial matter and/or fungus and/or biological substance ▪ Any retroactive date must be effective prior to beginning of services for the Owner. ▪ Policies written on a Claims-Made basis shall have an extended reporting period of at least two years beyond termination of the Agreement. Contractor shall trigger the extended reporting period if identical coverage is not otherwise maintained with the expiring retroactive date. Contractors Pollution Liability Amounts of coverage shall be no less than: ▪ $1,000,000 Each Claim ▪ If a combined Contractor’s Pollution Liability and Professional Liability policy is utilized, the limits shall be $3,000,000 Each Claim. ▪ The policy must provide coverage for: o the full scope of the named insured’s operations (on-going and completed) as described within the scope of work for this Agreement o loss arising from pollutants including but not limited to fungus, bacteria, biological substances, mold, microbial matter, asbestos, lead, silica and contaminated drywall o third party liability for bodily injury, property damage, clean up expenses, and defense arising from the operations; o diminution of value and Natural Resources damages lead o contractual assumption of liability o claims arising from non-owned disposal sites utilized in the performance of this Agreement. ▪ The policy must insure contractual liability, name Owner Parties as an Additional Insured, and be primary and noncontributory to all coverage available to the Additional Insured. ▪ This insurance is not permitted to include any type of exclusion or limitation of coverage applicable to claims arising from: o Insured vs. insured actions. However exclusion for claims made between insured within the same economic family are acceptable. o impaired property that has not been physically injured o materials supplied or handled by the named insured. However, exclusions for the sale and manufacture of products are allowed. Exclusionary language pertaining to materials supplied by the insured shall be reviewed by the certificate holder for approval. o property damage to the work performed by the contractor o faulty workmanship as it relates to clean up costs o work performed by subcontractors ▪ If coverage is punitive, exemplary or multiplied damages Property Coverage shall be provided on a Claims Made basis, coverage will at least be retroactive to the earlier In an amount not less than 100% of the date of this Agreement full replacement cost thereof and in compliance with all laws, regulations or ordinances affecting such property at any time during the commencement of contractor services relation to the Work. ▪ The policy will offer an extended discovery or extended reporting clause of at least three (3) years. ▪ Completed Operations Lease ISO Special Form, including theft Flood coverage shall be maintained through included Replacement Cost, Agreed Value basis Such insurance shall cover all buildings, piers, docks and other Tenant leasehold improvements, Tenant s business personal property, HVAC, trade fixtures and signs from time to time in, on, adjacent to or upon the purchase of renewal policies Leased Premises, and all alterations, additions, or changes made by Tenant pursuant to protect the insured and additional insured for at least two (2) years after the property owner accepts the project or this contract is terminated. The purchase of an extended discovery period or an extended reporting period on a Claims Made policy or the purchase of occurrence-based Contractors Environmental Insurance will not be sufficient to meet the terms of this provision. Builders Risk ▪ Lease, and shall not be subject to coinsurance Business Income and Extra Expense Coverage shall be provided on all operations at the described Leased Premises ISO Special Form, including theft Flood coverage shall be included Agreed Value basis Coverage shall be provided in an amount equal of not less than 80% of Tenant s gross annual income at all times to the full contract value, including change orders, and cost of debris removal for any single occurrence. ▪ described Leased Premises less non- continuing expenses Boiler & Machinery Coverage shall be at least as broad as an unmodified ISO Special form, shall be provided on a completed-value basis, and shall be primary to any other insurance coverage available to all operations at the named insured ▪ Insureds shall include Owner Parties, General Contractor, all Loss Payees and Mortgagees, and subcontractors of all tiers in the Work as Insureds. ▪ Such insurance shall cover: o all structure(s) under constructiondescribed Leased Premises Comprehensive Form or its equivalent, including retaining wallsBusiness Income Replacement Cost, paved surfaces and roadways, bridges, glass, foundation(s), footings, underground pipes parties, with that other insurance being excess, secondary and non-contributing. ▪ The policy must provide coverage for: and wiring, excavations, grading, backfilling or filling; o all temporary structures (e.g., fencing, scaffolding, cribbing, false work, forms, site lighting, temporary utilities and buildings) o Agreed Value o Damage arising from error, omission or deficiency in construction methods, design, specifications, workmanship or materials, including collapse o Debris removal additional limit o Earthquake and Earthquake Sprinkler Leakage o Flood o Freezing o Mechanical breakdown including hot & cold testing o Ordinance or law o Pollutant clean-up and removal o Preservation of property o Theft • Deductible shall not exceed o All Risks of Direct Damage, Per Occurrence, except o Named Storm o Earthquake and Earthquake Sprinkler Leakage, Per Occurrence o Flood, Per Occurrence or excess of NFIP if in Flood Zone A or V Included Included $1,000,000 $5,000,000 $5,000,000 Included Included $1,000,000 $ 25,000 Included Included $10,000 2% subject to $50,000 minimum $100,000 $100,000 located at the site; o all property including materials and supplies on site for installation; o all property including materials and supplies at other locations but intended for use at the site; o all property including materials and supplies in transit to the site for installation by all means of transportation other than ocean transit; and o other Work at the site identified in the Agreement to which this Exhibit is attached. • No protective safeguard warranty shall be permitted. • The termination of coverage provision shall be endorsed to permit occupancy of the covered property being constructed. This insurance shall be maintained in effect, unless otherwise provided for the Agreement Documents, until the earliest of: o the date on which all persons and organizations who are insureds under the policy agree that it shall be terminated; o occupancy, in whole or in part; o the date on which release of substantial completion is executed; or o the date on which the insurable interests of Contractor in the Covered Property has ceased. • A waiver of subrogation provision shall be provided in favor of all insureds listed above.basis j

Appears in 1 contract

Samples: Lease

Specific Insurance Requirements. The following insurance shall be maintained in effect with limits not less than those set forth below at all times during the term of this Agreement and thereafter as required: Insurance Coverage/Limits Other Requirements Commercial General Liability (Occurrence Basis) Amounts of coverage shall be no less than: ▪ $1,000,000 Per Occurrence ▪ $2,000,000 General Aggregate ▪ $2,000,000 Products/Completed Operations Aggregate ▪ $1,000,000 Personal And Advertising Injury ▪ Designated Construction Project(s) General Aggregate Limit ▪ Current ISO edition of CG 00 01 ▪ Additional insured status shall be provided in favor of Owner Parties on a combination of ISO forms CG 20 10 10 01 and CG 20 37 10101 or an equivalent. ▪ This coverage shall be endorsed to provide primary and non-contributing liability coverage. It is the intent of the parties to this Agreement that all insurance coverage required herein shall be primary to and will not seek contribution from any other insurance held by Owner Parties, with Owner Parties’ insurance being excess, secondary and non-contributing. ▪ Stop Gap coverage shall be provided if any work is to be performed in a monopolistic workers’ compensation state. ▪ The following exclusions/limitations (or their equivalent(s), are prohibited: o Contractual Liability Limitation CG 21 39 o Amendment of Insured Contract Definition CG 24 26 o Exclusion-Damage to Work Performed by Subcontractors On Your Behalf, CG 22 94 or CG 22 95 o Any Classification limitation o Any Construction Defect Completed Operations exclusion o Any endorsement modifying the Employer’s Liability exclusion or deleting exception to it o Any endorsement modifying or deleting Explosion, Collapse or Underground coverage o Any Habitational or Residential exclusion applicable to the Work o Any “Insured vs. Insured” exclusion except Named Insured vs. Named Insured o Any Punitive, Exemplary or Multiplied Damages exclusion o Any Subsidence exclusion Business Auto Liability Amount of coverage shall be no less than: ▪ $1,000,000 Combined Single Limit ▪ Current ISO edition of CA 00 01 ▪ Arising out of any auto (Symbol 1), including owned, hired and non-owned Workers’ Compensation and Employer’s Liability Amounts of coverage shall be no less than: ▪ The State in which work is to be performed Compensation and Employer’s Liability ▪ Statutory Limits ▪ $1,000,000 Each Accident and Disease ▪ Alternate Employer endorsement ▪ The State in which work is to be performed must listed under Item 3.A. on the Information Page ▪ Such insurance shall cover liability arising out of the Contractor’s employment of workers and anyone for whom the Contractor may be liable for workers’ compensation claims. Workers’ compensation insurance is required, and no “alternative” forms of insurance shall be permitted. ▪ Where a Professional Employer Organization (PEO) or “leased employees” are utilized, Contractor shall require its leasing company to provide Workers’ Compensation insurance for said workers and such policy shall be endorsed to provide an Alternate Employer endorsement in favor of Contractor and Owner. Where Contractor uses leased employees with Workers’ Compensation insurance provided by a PEO or employee leasing company, Contractor is strictly prohibited from subletting any of its work without the express written agreement of Owner. Excess Liability (Occurrence Basis) Amounts of coverage shall be no less than: ▪ $5,000,000 Each Occurrence ▪ Coverage shall “follow form” over underlying policies listed herein. Professional Liability Amounts of coverage shall be no less than: ▪ $1,000,000 Each Claim ▪ $2,000,000 Annual Aggregate ▪ If a combined Contractor’s Pollution Liability and Professional Liability policy is utilized, the limits shall be ▪ Such insurance shall cover all services rendered by the Contractor and its subcontractors under the Agreement. ▪ This insurance is not permitted to include any type of exclusion or limitation of coverage applicable to claims arising from: $3,000,000 Each Claim. ▪ Such insurance shall cover all services rendered by the Contractor and its consultants under the Agreement, including but not limited to design or design/build services. ▪ Policies written on a Claims-Made basis shall be maintained for at least two years beyond termination of the Agreement. ▪ Such insurance shall cover all services rendered by the Contractor and its subcontractors under the Agreement. ▪ This insurance is not permitted to include any type of exclusion or limitation of coverage applicable to claims arising from: o bodily injury or property damage where coverage is provided on behalf of design professionals or design/build contractors o habitational or residential operations o mold and/or microbial matter and/or fungus and/or biological substance ▪ Any retroactive date must be effective prior to beginning of services for the Owner. ▪ Policies written on a Claims-Made basis shall have an extended reporting period of at least two years beyond termination of the Agreement. Contractor shall trigger the extended reporting period if identical coverage is not otherwise maintained with the expiring retroactive date. Contractors Pollution Liability Amounts of coverage shall be no less than: ▪ $1,000,000 Each Claim ▪ If a combined Contractor’s Pollution Liability and Professional Liability policy is utilized, the limits shall be $3,000,000 Each Claim. ▪ The policy must provide coverage for: o the full scope of the named insured’s operations (on-going and completed) as described within the scope of work for this Agreement o loss arising from pollutants including but not limited to fungus, bacteria, biological substances, mold, microbial matter, asbestos, lead, silica and contaminated drywall o third party liability for bodily injury, property damage, clean up expenses, and defense arising from the operations; o diminution of value and Natural Resources damages o contractual liability o claims arising from non-owned disposal sites utilized in the performance of this Agreement. ▪ The policy must insure contractual liability, name Owner Parties as an Additional Insured, and be primary and noncontributory to all coverage available to the Additional Insured. ▪ This insurance is not permitted to include any type of exclusion or limitation of coverage applicable to claims arising from: o Insured vs. insured actions. However exclusion for claims made between insured within the same economic family are acceptable. o impaired property that has not been physically injured o materials supplied or handled by the named insured. However, exclusions for the sale and manufacture of products are allowed. Exclusionary language pertaining to materials supplied by the insured shall be reviewed by the certificate holder for approval. o property damage to the work performed by the contractor o faulty workmanship as it relates to clean up costs o work performed by subcontractors ▪ If coverage is provided on a Claims Made basis, coverage will at least be retroactive to the earlier of the date of this Agreement or the commencement of contractor services relation to the Work. ▪ The policy will offer an extended discovery or extended reporting clause of at least three (3) years. ▪ Completed Operations coverage shall be maintained through the purchase of renewal policies to protect the insured and additional insured for at least two (2) years after the property owner accepts the project or this contract is terminated. The purchase of an extended discovery period or an extended reporting period on a Claims Made policy or the purchase of occurrence-based Contractors Environmental Insurance will not be sufficient to meet the terms of this provision. Builders Risk ▪ Coverage shall be provided in an amount equal at all times to the full contract value, including change orders, and cost of debris removal for any single occurrence. ▪ Coverage shall be at least as broad as an unmodified ISO Special form, shall be provided on a completed-completed- value basis, and shall be primary to any other insurance coverage available to the named insured parties, with that other insurance being excess, secondary and non- contributing. ▪ The policy must provide coverage for: ▪ Insureds shall include Owner Parties, General Contractor, all Loss Payees and Mortgagees, and subcontractors of all tiers in the Work as Insureds. ▪ Such insurance shall cover: o all structure(s) under construction, including retaining walls, paved surfaces and roadways, bridges, glass, foundation(s), footings, underground pipes parties, with that other insurance being excess, secondary and non-contributing. ▪ The policy must provide coverage for: and wiring, excavations, grading, backfilling or filling; o all temporary structures (e.g., fencing, scaffolding, cribbing, false work, forms, site lighting, temporary utilities and buildings) o Agreed Value o Damage arising from error, omission or deficiency in construction methods, design, specifications, workmanship or materials, including collapse o Debris removal additional limit o Earthquake and Earthquake Sprinkler Leakage o Flood o Freezing o Mechanical breakdown including hot & cold testing o Ordinance or law o Pollutant clean-up and removal o Preservation of property o Theft • Deductible shall not exceed o All Risks of Direct Damage, Per Occurrence, except o Named Storm o Earthquake and Earthquake Sprinkler Leakage, Per Occurrence o Flood, Per Occurrence or excess of NFIP if in Flood Zone A or V Included Included $1,000,000 $5,000,000 $5,000,000 Included Included $1,000,000 $ 25,000 Included Included $10,000 2% subject to $50,000 minimum $100,000 $100,000 located at the site; o all property including materials and supplies on site for installation; o all property including materials and supplies at other locations but intended for use at the site; o all property including materials and supplies in transit to the site for installation by all means of transportation other than ocean transit; and collapse o Debris removal additional limit o Earthquake and Earthquake Sprinkler Leakage o Flood o Freezing o Mechanical breakdown including hot & cold testing o Ordinance or law o Pollutant clean- up and removal o Preservation of property o Theft • Deductible shall not exceed o All Risks of Direct Damage, Per Occurrence, except o Named Storm o Earthquake and Earthquake Sprinkler Leakage, Per Occurrence o Flood, Per Occurrence or excess of NFIP if in Flood Zone A or V Included $1,000,000 $ 25,000 Included Included $10,000 2% subject to $50,000 minimum $100,000 $100,000 o other Work at the site identified in the Agreement to which this Exhibit is attached. • No protective safeguard warranty shall be permitted. • The termination of coverage provision shall be endorsed to permit occupancy of the covered property being constructed. This insurance shall be maintained in effect, unless otherwise provided for the Agreement Documents, until the earliest of: o the date on which all persons and organizations who are insureds under the policy agree that it shall be terminated; o occupancy, in whole or in part; o the date on which release of substantial completion is executed; or o the date on which the insurable interests of Contractor in the Covered Property has ceased. • A waiver of subrogation provision shall be provided in favor of all insureds listed above.

Appears in 1 contract

Samples: This Agreement

Specific Insurance Requirements. The following insurance shall be maintained in effect with limits not less than those set forth below at all times during the term of this Agreement and thereafter as required: Insurance Coverage/Limits Other Requirements Commercial General Liability (Occurrence Basis) Amounts of coverage shall be no less than: $1,000,000 Per Occurrence $2,000,000 General Aggregate $2,000,000 Products/Completed Operations Aggregate $1,000,000 Personal And and Advertising Injury Designated Construction Project(s) General Aggregate Limit Current ISO edition of CG 00 01 Additional insured status shall be provided in favor of Owner Parties on a combination of ISO forms CG 20 10 10 01 04 13 and CG 20 37 10101 or an equivalent04 13. This coverage shall be endorsed to provide primary and non-contributing liability coverage. It is the intent of the parties to this Agreement that all insurance coverage required herein shall be primary to and will not seek contribution from any other insurance held by Owner Parties, with Owner Parties’ insurance being excess, secondary and non-contributing. Stop Gap coverage shall be provided if any work is to be performed in a monopolistic workers’ compensation state. The following exclusions/limitations (or their equivalent(s), are prohibited: o Contractual Liability Limitation CG 21 39 o Amendment of Insured Contract Definition CG 24 26 o Limitation of Coverage to Designated Premises or Project, CG 21 44 o Exclusion-Damage to Work Performed by Subcontractors On on Your Behalf, CG 22 94 or CG 22 95 o Exclusion-Explosion, Collapse and Underground Property Damage Hazard, CG 21 42 or CG 21 43 o Any Classification limitation o Any Construction Defect Completed Operations exclusion o Any endorsement modifying the Employer’s Liability exclusion or deleting the exception to it o Any endorsement modifying or deleting Explosion, Collapse or Underground coverage o Any Habitational or Residential exclusion applicable to the Work o Any “Insured vs. Insured” exclusion except Named Insured vs. Named Insured o Any Punitive, Exemplary or Multiplied Damages exclusion o Any Subsidence exclusion Business Auto Liability Amount of coverage shall be no less than: $1,000,000 Combined Single Limit ▪ Per Accident Current ISO edition of CA 00 01 Arising out of any auto (Symbol 1), including owned, hired and non-owned Workers’ Compensation and Employer’s Liability Amounts of coverage shall be no less than: Statutory Limits $1,000,000 Each Accident and Disease Alternate Employer endorsement USL&H must be provided where such exposure exists. The State in which work is to be performed Compensation and Employer’s Liability ▪ Statutory Limits ▪ $1,000,000 Each Accident and Disease ▪ Alternate Employer endorsement must listed under Item 3.A. on the Information Page Such insurance shall cover liability arising out of the Contractor’s employment of workers and anyone for whom the Contractor may be liable for workers’ compensation claims. Workers’ compensation insurance is required, and no “alternative” forms of insurance shall be permitted. Where a Professional Employer Organization (PEO) or “leased employees” are utilized, Contractor shall require its leasing company to provide Workers’ Compensation insurance for said workers and such policy shall be endorsed to provide an Alternate Employer endorsement in favor of Contractor and Owner. Where Contractor uses leased employees with Workers’ Compensation insurance provided by a PEO or employee leasing company, Contractor is strictly prohibited from subletting any of its work without the express written agreement of Owner. Excess Liability (Occurrence Basis) Amounts of coverage shall be no less than: $5,000,000 Each Occurrence ▪ Coverage $5,000,000 Annual Aggregate Such insurance shall “follow form” be excess over and be no less broad than all coverages described above. Drop-down coverage shall be provided for reduction and/or exhaustion of underlying policies listed hereinaggregate limits and shall include a duty to defend any insured. Professional Liability Amounts of coverage shall be no less than: $1,000,000 Each Claim ▪ Occurrence $2,000,000 Annual Aggregate If a combined Contractor’s Pollution Liability and Professional Liability policy is utilized, the limits shall be $3,000,000 Each ClaimLoss and Aggregate. Such insurance shall cover all services rendered by the Contractor and its consultants under the Agreement, including but not limited to design or design/build services. ▪ Policies written on a Claims-Made basis shall be maintained for at least two years beyond termination of the Agreement. ▪ Such insurance shall cover all services rendered by the Contractor and its subcontractors under the Agreement. This insurance is not permitted to include any type of exclusion or limitation of coverage applicable to claims arising from: o bodily injury or property damage where coverage is provided on in behalf of design professionals or design/build contractors o habitational or residential operations o mold and/or microbial matter and/or fungus and/or biological substance o punitive, exemplary or multiplied damages. Any retroactive date must be effective prior to beginning of services for the Owner. Policies written on a Claims-Made basis shall be maintained for at least two years beyond termination of the Agreement. Policies written on a Claims-Made basis shall have an extended reporting period of at least two years beyond termination of the Agreement. Contractor Vendor shall trigger the extended reporting period if identical coverage is not otherwise maintained with the expiring retroactive date. Contractors Pollution Liability Amounts of coverage shall be no less than: $1,000,000 Each Claim ▪ Loss $2,000,000 Annual Aggregate If a combined Contractor’s Pollution Liability and Professional Liability policy is utilized, the limits shall be $3,000,000 Each ClaimLoss and Aggregate. The policy must provide coverage for: o the full scope of the named insured’s operations (on-going and completed) as described within the scope of work for this Agreement o loss arising from pollutants including but not limited to fungus, bacteria, biological substances, mold, microbial matter, asbestos, lead, silica and contaminated drywall o third party liability for bodily injury, property damage, clean up expenses, and defense arising from the operations; o diminution of value and Natural Resources damages o contractual liability o claims arising from non-owned disposal sites utilized in the performance of this Agreement. The policy must insure contractual liability, name Owner Parties as an Additional Insured, and be primary and noncontributory to all coverage available to the Additional Insured. This insurance is not permitted to include any type of exclusion or limitation of coverage applicable to claims arising from: o Insured vs. insured actions. However However, exclusion for claims made between insured within the same economic family are acceptable. o impaired property that has not been physically injured o materials supplied or handled by the named insured. However, exclusions for the sale and manufacture of products are allowed. Exclusionary language pertaining to materials supplied by the insured shall be reviewed by the certificate holder for approval. o property damage to the work performed by the contractor o faulty workmanship as it relates to clean up costs o punitive, exemplary or multiplied damages o work performed by subcontractors If coverage is provided on a Claims Made basis, coverage will at least be retroactive to the earlier of the date of this Agreement or the commencement of contractor services relation to the Work. The policy will offer an extended discovery or extended reporting clause of at least three (3) years. Completed Operations coverage shall be maintained through the purchase of renewal policies to protect the insured and additional insured for at least two (2) years after the property owner accepts the project or this contract is terminated. The purchase of an extended discovery period or an extended reporting period on a Claims Made policy or the purchase of occurrence-based Contractors Environmental Insurance will not be sufficient to meet the terms of this provision. Builders Risk Coverage shall be provided in an amount equal at all times to the full contract value, including change orders, and cost of debris removal for any single occurrence. Coverage shall be at least as broad as an unmodified ISO Special form, shall be provided on a completed-value basis, and shall be primary to any other insurance coverage available to the named insured parties, with that other insurance being excess, secondary and non-contributing. The policy must provide coverage for: Insureds shall include Owner PartiesOwner, General Contractor, all Loss Payees and Mortgagees, and subcontractors of all tiers in the Work as Insureds. Such insurance shall cover: o all structure(s) under construction, including retaining walls, paved surfaces and roadways, bridges, glass, foundation(s), footings, underground pipes parties, with that other insurance being excess, secondary and non-contributing. ▪ The policy must provide coverage for: and wiring, excavations, grading, backfilling or filling; o all temporary structures (e.g., fencing, scaffolding, cribbing, false work, forms, site lighting, temporary utilities and buildings) o Agreed Value o Damage arising from error, omission or deficiency in construction methods, design, specifications, workmanship or materials, including collapse o Debris removal additional limit o Earthquake and Earthquake Sprinkler Leakage o Flood o Freezing o Mechanical breakdown including hot & cold testing o Ordinance or law o Pollutant clean-up and removal o Preservation of property o Theft • Deductible shall not exceed o All Risks of Direct Damage, Per Occurrence, except o Named Storm o Storm, Earthquake and Earthquake Sprinkler Leakage, Per Occurrence o Flood, Per Occurrence or excess of NFIP if in Flood Zone A or V Included Included $1,000,000 $5,000,000 $5,000,000 Included Included $1,000,000 $ 25,000 Included Included $10,000 2% subject to $50,000 minimum $100,000 $100,000 scaffolding, cribbing, false work, forms, site lighting, temporary utilities and buildings) located at the site; o all property including materials and supplies on site for installation; o all property including materials and supplies at other locations but intended for use at the site; o all property including materials and supplies in transit to the site for installation by all means of transportation other than ocean transit; and o other Work at the site identified in the Agreement to which this Exhibit is attached. • No protective safeguard warranty shall be permitted. • The termination of coverage provision shall be endorsed to permit occupancy of the covered property being constructed. This insurance shall be maintained in effect, unless otherwise provided for the Agreement Documents, until the earliest of: o the date on which all persons and organizations who are insureds under the policy agree that it shall be terminated; o occupancy, in whole or in part; o the date on which release of substantial completion is executed; or o the date on which the insurable interests of Contractor in the Covered Property has ceased. • A waiver of subrogation provision shall be provided in favor of all insureds listed aboveinsureds.

Appears in 1 contract

Samples: www.schertz.com

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Specific Insurance Requirements. The following insurance shall be maintained in effect with limits not less than those set forth below at all times during the term of this Agreement and thereafter as required: Insurance Coverage/Limits Other Requirements Commercial General Liability (Occurrence Basis) Amounts of coverage shall be no less than: $1,000,000 Per Occurrence $2,000,000 General Aggregate $2,000,000 Products/Completed Operations Aggregate $1,000,000 Personal And Advertising Injury Designated Construction Project(s) General Aggregate Limit Current ISO edition of CG 00 01 Additional insured status shall be provided in favor of Owner Parties on a combination of ISO forms CG 20 10 10 01 and CG 20 37 10101 or an equivalent. This coverage shall be endorsed to provide primary and non-contributing liability coverage. It is the intent of the parties to this Agreement that all insurance coverage required herein shall be primary to and will not seek contribution from any other insurance held by Owner Parties, with Owner Parties’ insurance being excess, secondary and non-contributing. Stop Gap coverage shall be provided if any work is to be performed in a monopolistic workers’ compensation state. The following exclusions/limitations (or their equivalent(s), are prohibited: o Contractual Liability Limitation CG 21 39 o Amendment of Insured Contract Definition CG 24 26 o Exclusion-Damage to Work Performed by Subcontractors On Your Behalf, CG 22 94 or CG 22 95 o Any Classification limitation o Any Construction Defect Completed Operations exclusion o Any endorsement modifying the Employer’s Liability exclusion or deleting exception to it o Any endorsement modifying or deleting Explosion, Collapse or Underground coverage o Any Habitational or Residential exclusion applicable to the Work o Any “Insured vs. Insured” exclusion except Named Insured vs. Named Insured o Any Punitive, Exemplary or Multiplied Damages exclusion o Any Subsidence exclusion Business Auto Liability Amount of coverage shall be no less than: $1,000,000 Combined Single Limit Current ISO edition of CA 00 01 Arising out of any auto (Symbol 1), including owned, hired and non-owned Workers’ Compensation and Amounts of coverage shall be no less than:  Statutory Limits  The State in which work is to be performed Compensation and Employer’s Liability ▪ Statutory Limits ▪ $1,000,000 Each Accident and Disease ▪ Alternate Employer endorsement must listed under Item 3.A. on the Employer’s Liability  $1,000,000 Each Accident and Disease  Alternate Employer endorsement Information Page Such insurance shall cover liability arising out of the Contractor’s employment of workers and anyone for whom the Contractor may be liable for workers’ compensation claims. Workers’ compensation insurance is required, and no “alternative” forms of insurance shall be permitted. Where a Professional Employer Organization (PEO) or “leased employees” are utilized, Contractor shall require its leasing company to provide Workers’ Compensation insurance for said workers and such policy shall be endorsed to provide an Alternate Employer endorsement in favor of Contractor and Owner. Where Contractor uses leased employees with Workers’ Compensation insurance provided by a PEO or employee leasing company, Contractor is strictly prohibited from subletting any of its work without the express written agreement of Owner. Excess Liability (Occurrence Basis) Amounts of coverage shall be no less than: $5,000,000 Each Occurrence Coverage shall “follow form” over underlying policies listed herein. Professional Liability Amounts of coverage shall be no less than: $1,000,000 Each Claim $2,000,000 Annual Aggregate If a combined Contractor’s Pollution Liability and Professional Liability policy is utilized, the limits shall be $3,000,000 Each Claim. Such insurance shall cover all services rendered by the Contractor and its consultants under the Agreement, including but not limited to design or design/build services. Policies written on a Claims-Made basis shall be maintained for at least two years beyond termination of the Agreement. Such insurance shall cover all services rendered by the Contractor and its subcontractors under the Agreement. This insurance is not permitted to include any type of exclusion or limitation of coverage applicable to claims arising from: o bodily injury or property damage where coverage is provided on behalf of design professionals or design/build contractors o habitational or residential operations o mold and/or microbial matter and/or fungus and/or biological substance Any retroactive date must be effective prior to beginning of services for the Owner. Policies written on a Claims-Made basis shall have an extended reporting period of at least two years beyond termination of the Agreement. Contractor shall trigger the extended reporting period if identical coverage is not otherwise maintained with the expiring retroactive date. Contractors Pollution Liability Amounts of coverage shall be no less than: $1,000,000 Each Claim If a combined Contractor’s Pollution Liability and Professional Liability policy is utilized, the limits shall be $3,000,000 Each Claim. The policy must provide coverage for: o the full scope of the named insured’s operations (on-going and completed) as described within the scope of work for this Agreement o loss arising from pollutants including but not limited to fungus, bacteria, biological substances, mold, microbial matter, asbestos, lead, silica and contaminated drywall o third party liability for bodily injury, property damage, clean up expenses, and defense arising from the operations; o diminution of value and Natural Resources damages o contractual liability o claims arising from non-owned disposal sites utilized in the performance of this Agreement. The policy must insure contractual liability, name Owner Parties as an Additional Insured, and be primary and noncontributory to all coverage available to the Additional Insured. This insurance is not permitted to include any type of exclusion or limitation of coverage applicable to claims arising from: o Insured vs. insured actions. However exclusion for claims made between insured within the same economic family are acceptable. o impaired property that has not been physically injured o materials supplied or handled by the named insured. However, exclusions for the sale and manufacture of products are allowed. Exclusionary language pertaining to materials supplied by the insured shall be reviewed by the certificate holder for approval. o property damage to the work performed by the contractor o faulty workmanship as it relates to clean up costs o work performed by subcontractors If coverage is provided on a Claims Made basis, coverage will at least be retroactive to the earlier of the date of this Agreement or the commencement of contractor services relation to the Work. The policy will offer an extended discovery or extended reporting clause of at least three (3) years. Completed Operations coverage shall be maintained through the purchase of renewal policies to protect the insured and additional insured for at least two (2) years after the property owner accepts the project or this contract is terminated. The purchase of an extended discovery period or an extended reporting period on a Claims Made policy or the purchase of occurrence-based Contractors Environmental Insurance will not be sufficient to meet the terms of this provision. Builders Risk Coverage shall be provided in an amount equal at all times to the full contract value, including change orders, and cost of debris removal for any single occurrence. Coverage shall be at least as broad as an unmodified ISO Special form, shall be provided on a completed-value basis, and shall be primary to any other insurance coverage available to the named insured Insureds shall include Owner Parties, General Contractor, all Loss Payees and Mortgagees, and subcontractors of all tiers in the Work as Insureds. Such insurance shall cover: o all structure(s) under construction, including retaining walls, paved surfaces and roadways, bridges, glass, foundation(s), footings, underground pipes parties, with that other insurance being excess, secondary and non-contributing. The policy must provide coverage for: and wiring, excavations, grading, backfilling or filling; o all temporary structures (e.g., fencing, scaffolding, cribbing, false work, forms, site lighting, temporary utilities and buildings) o Agreed Value o Damage arising from error, omission or deficiency in construction methods, design, specifications, workmanship or materials, including collapse o Debris removal additional limit o Earthquake and Earthquake Sprinkler Leakage o Flood o Freezing o Mechanical breakdown including hot & cold testing o Ordinance or law o Pollutant clean-up and removal o Preservation of property o Theft • Deductible shall not exceed o All Risks of Direct Damage, Per Occurrence, except o Named Storm o Earthquake and Earthquake Sprinkler Leakage, Per Occurrence o Flood, Per Occurrence or excess of NFIP if in Flood Zone A or V Included Included $1,000,000 $5,000,000 $5,000,000 Included Included $1,000,000 $ 25,000 Included Included $10,000 2% subject to $50,000 minimum $100,000 $100,000 located at the site; o all property including materials and supplies on site for installation; construction methods, o all property including materials and design, specifications, supplies at other locations but intended for workmanship or use at the site; materials, including o all property including materials and collapse supplies in transit to the site for installation o Debris removal by all means of transportation other than additional limit ocean transit; and o Earthquake and o other Work at the site identified in the Earthquake Sprinkler Agreement to which this Exhibit is Leakage attached. o Flood o Freezing $1,000,000 • No protective safeguard warranty shall be permitted. o Mechanical breakdown • The termination of coverage provision shall be including hot & cold endorsed to permit occupancy of the covered testing $5,000,000 property being constructed. This insurance o Ordinance or law shall be maintained in effect, unless otherwise o Pollutant clean-up and provided for the Agreement Documents, until removal o Preservation of property o Theft • Deductible shall not exceed $5,000,000 Included the earliest of: o the date on which all persons and organizations who are insureds under the policy agree that it shall be terminated; o All Risks of Direct Damage, Per Occurrence, Included o occupancy, in whole or in part; o the date on which release of substantial except completion is executed; or o Named Storm o the date on which the insurable interests of $1,000,000 Contractor in the Covered Property has ceased. o Earthquake and $ 25,000 • A waiver of subrogation provision shall be provided in favor of all insureds listed above.. Earthquake Sprinkler Leakage, Per Occurrence Included o Flood, Per Occurrence or excess of NFIP if in Included Flood Zone A or V $10,000 2% subject to $50,000 minimum $100,000 $100,000

Appears in 1 contract

Samples: Agreement

Specific Insurance Requirements. The following insurance shall be maintained in effect with limits not less than those set forth below at all times during the term of this Agreement and thereafter as required: Insurance Coverage/Limits Other Requirements Commercial General Liability (Occurrence Basis) Amounts of coverage shall be no less than: ▪ $1,000,000 Per Occurrence ▪ $2,000,000 General Aggregate ▪ $2,000,000 Products/Completed Operations Aggregate ▪ $1,000,000 Personal And Advertising Injury ▪ Designated Construction Project(s) General Aggregate Limit ▪ Current ISO edition of CG 00 01 ▪ Additional insured status shall be provided in favor of Owner Parties on a combination of ISO forms CG 20 10 10 01 and CG 20 37 10101 or an equivalent. ▪ This coverage shall be endorsed to provide primary and non-contributing liability coverage. It is the intent of the parties to this Agreement that all insurance coverage required herein shall be primary to and will not seek contribution from any other insurance held by Owner Parties, with Owner Parties’ insurance being excess, secondary and non-contributing. ▪ Stop Gap coverage shall be provided if any work is to be performed in a monopolistic workers’ compensation state. ▪ The following exclusions/limitations (or their equivalent(s), are prohibited: o Contractual Liability Limitation CG 21 39 o Amendment of Insured Contract Definition CG 24 26 o Exclusion-Damage to Work Performed by Subcontractors On Your Behalf, CG 22 94 or CG 22 95 o Any Classification limitation o Any Construction Defect Completed Operations exclusion o Any endorsement modifying the Employer’s Liability exclusion or deleting exception to it o Any endorsement modifying or deleting Explosion, Collapse or Underground coverage o Any Habitational or Residential exclusion applicable to the Work o Any “Insured vs. Insured” exclusion except Named Insured vs. Named Insured o Any Punitive, Exemplary or Multiplied Damages exclusion o Any Subsidence exclusion Business Auto Liability Amount of coverage shall be no less than: ▪ $1,000,000 Combined Single Limit ▪ Current ISO edition of CA 00 01 ▪ Arising out of any auto (Symbol 1), including owned, hired and non-owned Workers’ Compensation and Employer’s Liability Amounts of coverage shall be no less than: ▪ The State in which work is to be performed Compensation and Employer’s Liability ▪ Statutory Limits ▪ $1,000,000 Each Accident and Disease ▪ Alternate Employer endorsement ▪ The State in which work is to be performed must listed under Item 3.A. on the Information Page ▪ Such insurance shall cover liability arising out of the Contractor’s employment of workers and anyone for whom the Contractor may be liable for workers’ compensation claims. Workers’ compensation insurance is required, and no “alternative” forms of insurance shall be permitted. ▪ Where a Professional Employer Organization (PEO) or “leased employees” are utilized, Contractor shall require its leasing company to provide Workers’ Compensation insurance for said workers and such policy shall be endorsed to provide an Alternate Employer endorsement in favor of Contractor and Owner. Where Contractor uses leased employees with Workers’ Compensation insurance provided by a PEO or employee leasing company, Contractor is strictly prohibited from subletting any of its work without the express written agreement of Owner. Excess Liability (Occurrence Basis) Amounts of coverage shall be no less than: ▪ $5,000,000 Each Occurrence ▪ Coverage shall “follow form” over underlying policies listed herein. Professional Liability Amounts of coverage shall be no less than: ▪ $1,000,000 Each Claim ▪ $2,000,000 Annual Aggregate ▪ If a combined Contractor’s Pollution Liability and Professional Liability policy is utilized, the limits shall be $3,000,000 Each Claim. ▪ Such insurance shall cover all services rendered by the Contractor and its consultants under the Agreement, including but not limited to design or design/build services. ▪ Policies written on a Claims-Made basis shall be maintained for at least two years beyond termination of the Agreement. ▪ Such insurance shall cover all services rendered by the Contractor and its subcontractors under the Agreement. ▪ This insurance is not permitted to include any type of exclusion or limitation of coverage applicable to claims arising from: o bodily injury or property damage where coverage is provided on behalf of design professionals or design/build contractors o habitational or residential operations o mold and/or microbial matter and/or fungus and/or biological substance ▪ Any retroactive date must be effective prior to beginning of services for the Owner. ▪ Policies written on a Claims-Made basis shall have an extended reporting period of at least two years beyond termination of the Agreement. Contractor shall trigger the extended reporting period if identical coverage is not otherwise maintained with the expiring retroactive date. Contractors Pollution Liability Amounts of coverage shall be no less than: ▪ $1,000,000 Each Claim ▪ If a combined Contractor’s Pollution Liability and Professional Liability policy is utilized, the limits shall be $3,000,000 Each Claim. ▪ The policy must provide coverage for: o the full scope of the named insured’s operations (on-going and completed) as described within the scope of work for this Agreement o loss arising from pollutants including but not limited to fungus, bacteria, biological substances, mold, microbial matter, asbestos, lead, silica and contaminated drywall o third party liability for bodily injury, property damage, clean up expenses, and defense arising from the operations; o diminution of value and Natural Resources damages o contractual liability o claims arising from non-owned disposal sites utilized in the performance of this Agreement. ▪ The policy must insure contractual liability, name Owner Parties as an Additional Insured, and be primary and noncontributory to all coverage available to the Additional Insured. ▪ This insurance is not permitted to include any type of exclusion or limitation of coverage applicable to claims arising from: o Insured vs. insured actions. However exclusion for claims made between insured within the same economic family are acceptable. o impaired property that has not been physically injured o materials supplied or handled by the named insured. However, exclusions for the sale and manufacture of products are allowed. Exclusionary language pertaining to materials supplied by the insured shall be reviewed by the certificate holder for approval. o property damage to the work performed by the contractor o faulty workmanship as it relates to clean up costs o work performed by subcontractors ▪ If coverage is provided on a Claims Made basis, coverage will at least be retroactive to the earlier of the date of this Agreement or the commencement of contractor services relation to the Work. ▪ The policy will offer an extended discovery or extended reporting clause of at least three (3) years. ▪ Completed Operations coverage shall be maintained through the purchase of renewal policies to protect the insured and additional insured for at least two (2) years after the property owner accepts the project or this contract is terminated. The purchase of an extended discovery period or an extended reporting period on a Claims Made policy or the purchase of occurrence-based Contractors Environmental Insurance will not be sufficient to meet the terms of this provision. Builders Risk ▪ Coverage shall be provided in an amount equal at all times to the full contract value, including change orders, and cost of debris removal for any single occurrence. ▪ Coverage shall be at least as broad as an unmodified ISO Special form, shall be provided on a completed-value basis, and shall be primary to any other insurance coverage available to the named insured parties, with that other insurance being excess, secondary and non-contributing. ▪ The policy must provide coverage for: ▪ Insureds shall include Owner Parties, General Contractor, all Loss Payees and Mortgagees, and subcontractors of all tiers in the Work as Insureds. ▪ Such insurance shall cover: o all structure(s) under construction, including retaining walls, paved surfaces and roadways, bridges, glass, foundation(s), footings, underground pipes parties, with that other insurance being excess, secondary and non-contributing. ▪ The policy must provide coverage for: and wiring, excavations, grading, backfilling or filling; o all temporary structures (e.g., fencing, scaffolding, cribbing, false work, forms, site lighting, temporary utilities and buildings) o Agreed Value o Damage arising from error, omission or deficiency in construction methods, design, specifications, workmanship or materials, including collapse o Debris removal additional limit o Earthquake and Earthquake Sprinkler Leakage o Flood o Freezing o Mechanical breakdown including hot & cold testing o Ordinance or law o Pollutant clean-up and removal o Preservation of property o Theft • Deductible shall not exceed o All Risks of Direct Damage, Per Occurrence, except o Named Storm o Earthquake and Earthquake Sprinkler Leakage, Per Occurrence o Flood, Per Occurrence or excess of NFIP if in Flood Zone A or V Included Included $1,000,000 $5,000,000 $5,000,000 Included Included $1,000,000 $ 25,000 Included Included $10,000 2% subject to $50,000 minimum $100,000 $100,000 located at the site; o all property including materials and supplies on site for installation; o all property including materials and supplies at other locations but intended for use at the site; o all property including materials and supplies in transit to the site for installation by all means of transportation other than ocean transit; and o other Work at the site identified in the Agreement to which this Exhibit is attached. • No protective safeguard warranty shall be permitted. • The termination of coverage provision shall be endorsed to permit occupancy of the covered property being constructed. This insurance shall be maintained in effect, unless otherwise provided for the Agreement Documents, until the earliest of: o the date on which all persons and organizations who are insureds under the policy agree that it shall be terminated; o occupancy, in whole or in part; o the date on which release of o Named Storm o Earthquake and Earthquake Sprinkler Leakage, Per Occurrence o Flood, Per Occurrence or excess of NFIP if in Flood Zone A or V $100,000 substantial completion is executed; or o the date on which the insurable interests of Contractor in the Covered Property has ceased. • A waiver of subrogation provision shall be provided in favor of all insureds listed above.

Appears in 1 contract

Samples: This Agreement

Specific Insurance Requirements. The following insurance shall be maintained in effect with limits not less than those set forth below at all times during the term of this Agreement and thereafter as required: Insurance Coverage/Limits Other Requirements Commercial General Liability (Occurrence Basis) Amounts of coverage shall be no less than: ▪ $1,000,000 Per Occurrence ▪ $2,000,000 General Aggregate ▪ $2,000,000 Products/Completed Operations Aggregate ▪ $1,000,000 Personal And Advertising Injury ▪ Designated Construction Project(s) General Aggregate Limit ▪ Current ISO edition of CG 00 01 ▪ Additional insured status shall be provided in favor of Owner Parties on a combination of ISO forms CG 20 10 10 01 and CG 20 37 10101 or an equivalent. ▪ This coverage shall be endorsed to provide primary and non-contributing liability coverage. It is the intent of the parties to this Agreement that all insurance coverage required herein shall be primary to and will not seek contribution from any other insurance held by Owner Parties, with Owner Parties’ insurance being excess, secondary and non-contributing. ▪ Stop Gap coverage shall be provided if any work is to be performed in a monopolistic workers’ compensation state. ▪ The following exclusions/limitations (or their equivalent(s), are prohibited: o Contractual Liability Limitation CG 21 39 o Amendment of Insured Contract Definition CG 24 26 o Exclusion-Damage to Work Performed by Subcontractors On Your Behalf, CG 22 94 or CG 22 95 o Any Classification limitation o Any Construction Defect Completed Operations exclusion o Any endorsement modifying the Employer’s Liability exclusion or deleting exception to it o Any endorsement modifying or deleting Explosion, Collapse or Underground coverage o Any Habitational or Residential exclusion applicable to the Work o Any “Insured vs. Insured” exclusion except Named Insured vs. Named Insured o Any Punitive, Exemplary or Multiplied Damages exclusion o Any Subsidence exclusion Business Auto Liability Amount of coverage shall be no less than: ▪ $1,000,000 Combined Single Limit ▪ Current ISO edition of CA 00 01 ▪ Arising out of any auto (Symbol 1), including owned, hired and non-owned Workers’ Amounts of coverage shall be no less than: ▪ The State in which work is to be performed Compensation and Employer’s Liability ▪ Statutory Limits ▪ $1,000,000 Each Accident and Disease ▪ Alternate Employer endorsement must listed under Item 3.A. on the Information Page ▪ Such insurance shall cover liability arising out of the Contractor’s employment of workers and anyone for whom the Contractor may be liable for workers’ compensation claims. Workers’ compensation insurance is required, and no “alternative” forms of insurance shall be permitted. ▪ Where a Professional Employer Organization (PEO) or “leased employees” are utilized, Contractor shall require its leasing company to provide Workers’ Compensation insurance for said workers and such policy shall be endorsed to provide an Alternate Employer endorsement in favor of Contractor and Owner. Where Contractor uses leased employees with Workers’ Compensation insurance provided by a PEO or employee leasing company, Contractor is strictly prohibited from subletting any of its work without the express written agreement of Owner. Excess Liability (Occurrence Basis) Amounts of coverage shall be no less than: ▪ $5,000,000 Each Occurrence ▪ Coverage shall “follow form” over underlying policies listed herein. Professional Liability Amounts of coverage shall be no less than: ▪ $1,000,000 Each Claim ▪ $2,000,000 Annual Aggregate ▪ If a combined Contractor’s Pollution Liability and Professional Liability policy is utilized, the limits shall be $3,000,000 Each Claim. ▪ Such insurance shall cover all services rendered by the Contractor and its consultants under the Agreement, including but not limited to design or design/build services. ▪ Policies written on a Claims-Made basis shall be maintained for at least two years beyond termination of the Agreement. ▪ Such insurance shall cover all services rendered by the Contractor and its subcontractors under the Agreement. ▪ This insurance is not permitted to include any type of exclusion or limitation of coverage applicable to claims arising from: o bodily injury or property damage where coverage is provided on behalf of design professionals or design/build contractors o habitational or residential operations o mold and/or microbial matter and/or fungus and/or biological substance ▪ Any retroactive date must be effective prior to beginning of services for the Owner. ▪ Policies written on a Claims-Made basis shall have an extended reporting period of at least two years beyond termination of the Agreement. Contractor shall trigger the extended reporting period if identical coverage is not otherwise maintained with the expiring retroactive date. Contractors Pollution Liability Amounts of coverage shall be no less than: ▪ $1,000,000 Each Claim ▪ If a combined Contractor’s Pollution Liability and Professional Liability policy is utilized, the limits shall be $3,000,000 Each Claim. ▪ The policy must provide coverage for: o the full scope of the named insured’s operations (on-going and completed) as described within the scope of work for this Agreement o loss arising from pollutants including but not limited to fungus, bacteria, biological substances, mold, microbial matter, asbestos, lead, silica and contaminated drywall o third party liability for bodily injury, property damage, clean up expenses, and defense arising from the operations; o diminution of value and Natural Resources damages o contractual liability o claims arising from non-owned disposal sites utilized in the performance of this Agreement. ▪ The policy must insure contractual liability, name Owner Parties as an Additional Insured, and be primary and noncontributory to all coverage available to the Additional Insured. ▪ This insurance is not permitted to include any type of exclusion or limitation of coverage applicable to claims arising from: o Insured vs. insured actions. However exclusion for claims made between insured within the same economic family are acceptable. o impaired property that has not been physically injured o materials supplied or handled by the named insured. However, exclusions for the sale and manufacture of products are allowed. Exclusionary language pertaining to materials supplied by the insured shall be reviewed by the certificate holder for approval. o property damage to the work performed by the contractor o faulty workmanship as it relates to clean up costs o work performed by subcontractors ▪ If coverage is provided on a Claims Made basis, coverage will at least be retroactive to the earlier of the date of this Agreement or the commencement of contractor services relation to the Work. ▪ The policy will offer an extended discovery or extended reporting clause of at least three (3) years. ▪ Completed Operations coverage shall be maintained through the purchase of renewal policies to protect the insured and additional insured for at least two (2) years after the property owner accepts the project or this contract is terminated. The purchase of an extended discovery period or an extended reporting period on a Claims Made policy or the purchase of occurrence-based Contractors Environmental Insurance will not be sufficient to meet the terms of this provision. Builders Risk ▪ Coverage shall be provided in an amount equal at all times to the full contract value, including change orders, and cost of debris removal for any single occurrence. ▪ Coverage shall be at least as broad as an unmodified ISO Special form, shall be provided on a completed-value basis, and shall be primary to any other insurance coverage available to the named insured ▪ Insureds shall include Owner Parties, General Contractor, all Loss Payees and Mortgagees, and subcontractors of all tiers in the Work as Insureds. ▪ Such insurance shall cover: o all structure(s) under construction, including retaining walls, paved surfaces and roadways, bridges, glass, foundation(s), footings, underground pipes parties, with that other insurance being excess, secondary and non-contributing. ▪ The policy must provide coverage for: and wiring, excavations, grading, backfilling or filling; o all temporary structures (e.g., fencing, scaffolding, cribbing, false work, forms, site lighting, temporary utilities and buildings) o Agreed Value o Damage arising from error, omission or deficiency in construction methods, design, specifications, workmanship or materials, including collapse o Debris removal additional limit o Earthquake and Earthquake Sprinkler Leakage o Flood o Freezing o Mechanical breakdown including hot & cold testing o Ordinance or law o Pollutant clean-up and removal o Preservation of property o Theft • Deductible shall not exceed o All Risks of Direct Damage, Per Occurrence, except o Named Storm o Earthquake and Earthquake Sprinkler Leakage, Per Occurrence o Flood, Per Occurrence or excess of NFIP if in Flood Zone A or V Included Included $1,000,000 $5,000,000 $5,000,000 Included Included $1,000,000 $ 25,000 Included Included $10,000 2% subject to $50,000 minimum $100,000 $100,000 located at the site; o all property including materials and supplies on site for installation; o all property including materials and supplies at other locations but intended for use at the site; o all property including materials and supplies in transit to the site for installation by all means of transportation other than ocean transit; and o other Work at the site identified in the Agreement to which this Exhibit is attached. • No protective safeguard warranty shall be permitted. • The termination of coverage provision shall be endorsed to permit occupancy of the covered property being constructed. This insurance shall be maintained in effect, unless otherwise provided for the Agreement Documents, until the earliest of: o the date on which all persons and organizations who are insureds under the policy agree that it shall be terminated; o occupancy, in whole or in part; o the date on which release of substantial completion is executed; or o the date on which the insurable interests of Contractor in the Covered Property has ceased. • A waiver of subrogation provision shall be provided in favor of all insureds listed above.. o Damage arising from Included error, omission or deficiency in construction methods, design, specifications, workmanship or materials, including $1,000,000 collapse o Debris removal $5,000,000 additional limit o Earthquake and $5,000,000 Earthquake Sprinkler Included Leakage Included o Flood o Freezing $1,000,000 o Mechanical breakdown $ 25,000 including hot & cold testing Included o Ordinance or law Included o Pollutant clean-up and removal $10,000 o Preservation of property o Theft 2% subject • Deductible shall not exceed to $50,000 o All Risks of Direct Damage, Per Occurrence, minimum $100,000 except o Named Storm $100,000 o Earthquake and

Appears in 1 contract

Samples: This Agreement

Specific Insurance Requirements. The following insurance shall be maintained in effect with limits not less than those set forth below at all times during the term of this Agreement and thereafter as required: Insurance Coverage/Limits Other Requirements Commercial General Liability (Occurrence Basis) Amounts of coverage shall be no less than: ▪ $1,000,000 Per Occurrence ▪ $2,000,000 General Aggregate ▪ $2,000,000 Products/Completed Operations Aggregate ▪ $1,000,000 Personal And Advertising Injury ▪ Designated Construction Project(s) General Aggregate Limit ▪ Current ISO edition of CG 00 01 ▪ Additional insured status shall be provided in favor of Owner Parties on a combination of ISO forms CG 20 10 10 01 and CG 20 37 10101 or an equivalent. ▪ This coverage shall be endorsed to provide primary and non-contributing liability coverage. It is the intent of the parties to this Agreement that all insurance coverage required herein shall be primary to and will not seek contribution from any other insurance held by Owner Parties, with Owner Parties’ insurance being excess, secondary and non-contributing. ▪ Stop Gap coverage shall be provided if any work is to be performed in a monopolistic workers’ compensation state. ▪ The following exclusions/limitations (or their equivalent(s), are prohibited: o Contractual Liability Limitation CG 21 39 o Amendment of Insured Contract Definition CG 24 26 o Exclusion-Damage to Work Performed by Subcontractors On Your Behalf, CG 22 94 or CG 22 95 o Any Classification limitation o Any Construction Defect Completed Operations exclusion o Any endorsement modifying the Employer’s Liability exclusion or deleting exception to it o Any endorsement modifying or deleting Explosion, Collapse or Underground coverage o Any Habitational or Residential exclusion applicable to the Work o Any “Insured vs. Insured” exclusion except Named Insured vs. Named Insured o Any Punitive, Exemplary or Multiplied Damages exclusion o Any Subsidence exclusion Business Auto Liability Amount of coverage shall be no less than: ▪ $1,000,000 Combined Single Limit ▪ Current ISO edition of CA 00 01 ▪ Arising out of any auto (Symbol 1), including owned, hired and non-owned Workers’ Compensation and Employer’s Liability Amounts of coverage shall be no less than: ▪ The State in which work is to be performed Compensation and Employer’s Liability ▪ Statutory Limits ▪ $1,000,000 Each Accident and Disease ▪ Alternate Employer endorsement ▪ The State in which work is to be performed must listed under Item 3.A. on the Information Page ▪ Such insurance shall cover liability arising out of the Contractor’s employment of workers and anyone for whom the Contractor may be liable for workers’ compensation claims. Workers’ compensation insurance is required, and no “alternative” forms of insurance shall be permitted. ▪ Where a Professional Employer Organization (PEO) or “leased employees” are utilized, Contractor shall require its leasing company to provide Workers’ Compensation insurance for said workers and such policy shall be endorsed to provide an Alternate Employer endorsement in favor of Contractor and Owner. Where Contractor uses leased employees with Workers’ Compensation insurance provided by a PEO or employee leasing company, Contractor is strictly prohibited from subletting any of its work without the express written agreement of Owner. Excess Liability (Occurrence Basis) Amounts of coverage shall be no less than: ▪ $5,000,000 Each Occurrence ▪ Coverage shall “follow form” over underlying policies listed herein. Professional Liability Amounts of coverage shall be no less than: ▪ $1,000,000 Each Claim ▪ $2,000,000 Annual Aggregate ▪ If a combined Contractor’s Pollution Liability and Professional Liability policy is utilized, the limits shall be $3,000,000 Each Claim. ▪ Such insurance shall cover all services rendered by the Contractor and its consultants under the Agreement, including but not limited to design or design/build services. ▪ Policies written on a Claims-Made basis shall be maintained for at least two years beyond termination of the Agreement. ▪ Such insurance shall cover all services rendered by the Contractor and its subcontractors under the Agreement. ▪ This insurance is not permitted to include any type of exclusion or limitation of coverage applicable to claims arising from: o bodily injury or property damage where coverage is provided on behalf of design professionals or design/build contractors o habitational or residential operations o mold and/or microbial matter and/or fungus and/or biological substance ▪ Any retroactive date must be effective prior to beginning of services for the Owner. ▪ Policies written on a Claims-Made basis shall have an extended reporting period of at least two years beyond termination of the Agreement. Contractor shall trigger the extended reporting period if identical coverage is not otherwise maintained with the expiring retroactive date. Contractors Pollution Liability Amounts of coverage shall be no less than: ▪ $1,000,000 Each Claim ▪ If a combined Contractor’s Pollution Liability and Professional Liability policy is utilized, the limits shall be $3,000,000 Each Claim. ▪ The policy must provide coverage for: o the full scope of the named insured’s operations (on-going and completed) as described within the scope of work for this Agreement o loss arising from pollutants including but not limited to fungus, bacteria, biological substances, mold, microbial matter, asbestos, lead, silica and contaminated drywall o third party liability for bodily injury, property damage, clean up expenses, and defense arising from the operations; o diminution of value and Natural Resources damages o contractual liability o claims arising from non-owned disposal sites utilized in the performance of this Agreement. ▪ The policy must insure contractual liability, name Owner Parties as an Additional Insured, and be primary and noncontributory to all coverage available to the Additional Insured. ▪ This insurance is not permitted to include any type of exclusion or limitation of coverage applicable to claims arising from: o Insured vs. insured actions. However exclusion for claims made between insured within the same economic family are acceptable. o impaired property that has not been physically injured o materials supplied or handled by the named insured. However, exclusions for the sale and manufacture of products are allowed. Exclusionary language pertaining to materials supplied by the insured shall be reviewed by the certificate holder for approval. o property damage to the work performed by the contractor o faulty workmanship as it relates to clean up costs o work performed by subcontractors ▪ If coverage is provided on a Claims Made basis, coverage will at least be retroactive to the earlier of the date of this Agreement or the commencement of contractor services relation to the Work. ▪ The policy will offer an extended discovery or extended reporting clause of at least three (3) years. ▪ Completed Operations coverage shall be maintained through the purchase of renewal policies to protect the insured and additional insured for at least two (2) years after the property owner accepts the project or this contract is terminated. The purchase of an extended discovery period or an extended reporting period on a Claims Made policy or the purchase of occurrence-based Contractors Environmental Insurance will not be sufficient to meet the terms of this provision. Builders Risk ▪ Coverage shall be provided in an amount equal at all times to the full contract value, including change orders, and cost of debris removal for any single occurrence. ▪ Coverage shall be at least as broad as an unmodified ISO Special form, shall be provided on a completed-value basis, and shall be primary to any other insurance coverage available to the named insured ▪ Insureds shall include Owner Parties, General Contractor, all Loss Payees and Mortgagees, and subcontractors of all tiers in the Work as Insureds. ▪ Such insurance shall cover: o all structure(s) under construction, including retaining walls, paved surfaces and roadways, bridges, glass, foundation(s), footings, underground pipes parties, with that other insurance being excess, secondary and non-contributing. ▪ The policy must provide coverage for: and wiring, excavations, grading, backfilling or filling; o all temporary structures (e.g., fencing, scaffolding, cribbing, false work, forms, site lighting, temporary utilities and buildings) o Agreed Value o Damage arising from error, omission or deficiency in construction methods, design, specifications, workmanship or materials, including collapse o Debris removal additional limit o Earthquake and Earthquake Sprinkler Leakage o Flood o Freezing o Mechanical breakdown including hot & cold testing o Ordinance or law o Pollutant clean-up and removal o Preservation of property o Theft • Deductible shall not exceed o All Risks of Direct Damage, Per Occurrence, except o Named Storm o Earthquake and Earthquake Sprinkler Leakage, Per Occurrence o Flood, Per Occurrence or excess of NFIP if in Flood Zone A or V Included Included $1,000,000 $5,000,000 $5,000,000 Included Included $1,000,000 $ 25,000 Included Included $10,000 2% subject to $50,000 minimum $100,000 $100,000 located at the site; o all property including materials and supplies on site for installation; o all property including materials and supplies at other locations but intended for use at the site; o all property including materials and supplies in transit to the site for installation by all means of transportation other than ocean transit; and o other Work at the site identified in the Agreement to which this Exhibit is attached. • No protective safeguard warranty shall be permitted. • The termination of coverage provision shall be endorsed to permit occupancy of the covered property being constructed. This insurance shall be maintained in effect, unless otherwise provided for the Agreement Documents, until the earliest of: o the date on which all persons and organizations who are insureds under the policy agree that it shall be terminated; o occupancy, in whole or in part; o the date on which release of substantial completion is executed; or o the date on which the insurable interests of Contractor in the Covered Property has ceased. • A waiver of subrogation provision shall be provided in favor of all insureds listed above.

Appears in 1 contract

Samples: This Agreement

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