Design-Builders Insurance. General Certificates of Insurance. The Design-Builder shall provide certificates of insurance acceptable to the Agency evidencing compliance with the requirements in this Section 11.3 at the following times: (1) prior to commencement of the Work; (2) upon renewal or replacement of each required policy of insurance; and (3) upon the Agency’s written request. An additional certificate evidencing continuation of commercial liability coverage, including coverage for completed operations, shall be submitted with the final Application for Payment and thereafter upon renewal or replacement of such coverage until the expiration of the periods required by Section 11.3.2.1 and Section 11.3.3.1. The certificates will show the Agency as an additional insured on the Design-Builder’s Commercial General Liability and excess or umbrella liability policy or policies. Information concerning reduction of coverage on account of revised limits or claims paid under the General Xxxxxxxxx, or both, shall be furnished by the Design-Builder with reasonable promptness. Deductibles and Self-Insured Retentions. The Design-Builder shall disclose to the Agency any deductible or self-insured retentions applicable to any insurance required to be provided by the Design-Builder. Additional Insured Obligations. To the fullest extent permitted by law, the Design-Builder shall cause the commercial general liability coverage to include the Agency and the Agency’s consultants as additional insureds for claims caused in whole or in part by the Design-Builder’s negligent acts or omissions during the Design-Builder’s operations. The additional insured coverage shall be primary and non-contributory to any of the Agency’s general liability insurance policies and shall apply to both ongoing and completed operations, whether such operations be by the Design-Builder or by a Subcontractor of the Design-Builder or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable. To the extent commercially available, the additional insured coverage shall be no less than that provided by Insurance Services Office, Inc. (ISO) forms CG 20 10 07 04, CG 20 37 07 04, and, with respect to the Agency and the Agency’s consultants, CG 20 32 07 04. A failure by the Agency to either (i) demand a certificate of insurance or written endorsement required by Section 11.3, or (ii) reject a certificate or endorsement on the grounds that it fails to comply with Section 11.3, shall not be considered a waiver of Design-Builder's obligations to obtain the required insurance. Design-Builder’s Required Insurance Coverage The Design-Builder shall purchase and maintain the following types and limits of insurance from an insurance company or insurance companies lawfully authorized to issue insurance in the jurisdiction where the Project is located. The Design-Builder shall maintain the required insurance until the expiration of the period for correction of Work as set forth in Section 11.2.2 of the General Conditions, for such other period for maintenance of completed operations coverage as specified in the Contract Documents, or unless a different duration is stated below: Commercial General Liability insurance for the Project written on an occurrence form with policy limits of not less than $1,000,000 each occurrence, $1,000,000 general aggregate, $1,000,000 aggregate for products-completed operations hazard, $1,000,000 personal and advertising injury, $50,000 fire damage (any one fire), and $5,000 medical expense (any one person) providing coverage for claims including: damages because of bodily injury, sickness or disease, including occupational sickness or disease, and death of any person; personal injury and advertising injury; damages because of physical damage to or destruction of tangible property, including the loss of use of such property; bodily injury or property damage arising out of completed operations; and the Design-Builder’s indemnity obligations under Section 3.19 of the General Conditions. The Design-Builder’s Commercial General Liability policy under this Section 11.3.2.2 shall not contain an exclusion or restriction of coverage for the following: Claims by one insured against another insured, if the exclusion or restriction is based solely on the fact that the claimant is an insured, and there would otherwise be coverage for the claim. Claims for property damage to the Design-Builder’s Work arising out of the products-completed operations hazard where the damaged Work or the Work out of which the damage arises was performed by a Subcontractor. Claims for bodily injury other than to employees of the insured. Claims for indemnity under Section 3.19 of the General Conditions arising out of injury to employees of the insured. Claims or loss excluded under a prior work endorsement or other similar exclusionary language. Claims or loss due to physical damage under a prior injury endorsement or similar exclusionary language. Claims related to residential, multi-family, or other habitational projects, if the Work is to be performed on such a project. Claims related to roofing, if the Work involves roofing. Claims related to exterior insulation finish systems (EIFS), synthetic stucco or similar exterior coatings or surfaces, if the Work involves such coatings or surfaces. Claims related to earth subsidence or movement, where the Work involves such hazards. Claims related to explosion, collapse and underground hazards, where the Work involves such hazards. Automobile Liability covering vehicles owned, and non-owned vehicles used, by the Design-Builder, with policy limits of not less than $1,000,000 per accident, for bodily injury, death of any person, and property damage arising out of the ownership, maintenance and use of those motor vehicles along with any other statutorily required automobile coverage. The Design-Builder may achieve the required limits and coverage for Commercial General Liability, Employers Liability, and Automobile Liability through a combination of primary and excess or umbrella liability insurance, provided such primary and excess or umbrella insurance policies result in the same or greater coverage as the coverages required under Section 11.3.2.2 and 11.3.2.3, and in no event shall any excess or umbrella liability insurance provide narrower coverage than the primary policy. The excess policy shall not require the exhaustion of the underlying limits only through the actual payment by the underlying insurers. The umbrella policy limits shall not be less than $3,000,000.
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Design-Builders Insurance. General Certificates of Insurance. The Design-Builder shall provide certificates of insurance acceptable to the Agency evidencing compliance with the requirements in this Section 11.3 at the following times: (1) prior to commencement of the Work; (2) upon renewal or replacement of each required policy of insurance; and (3) upon the Agency’s written request. An additional certificate evidencing continuation of commercial liability coverage, including coverage for completed operations, shall be submitted with the final Application for Payment and thereafter upon renewal or replacement of such coverage until the expiration of the periods required by Section 11.3.2.1 and Section 11.3.3.1. The certificates will show the Agency as an additional insured on the Design-Builder’s Commercial General Liability and excess or umbrella liability policy or policies. Information concerning reduction of coverage on account of revised limits or claims paid under the General XxxxxxxxxAggregate, or both, shall be furnished by the Design-Builder with reasonable promptness. Deductibles and Self-Insured Retentions. The Design-Builder shall disclose to the Agency any deductible or self-insured retentions applicable to any insurance required to be provided by the Design-Builder. Additional Insured Obligations. To the fullest extent permitted by law, the Design-Builder shall cause the commercial general liability coverage to include the Agency and the Agency’s consultants as additional insureds for claims caused in whole or in part by the Design-Builder’s negligent acts or omissions during the Design-Builder’s operations. The additional insured coverage shall be primary and non-contributory to any of the Agency’s general liability insurance policies and shall apply to both ongoing and completed operations, whether such operations be by the Design-Builder or by a Subcontractor of the Design-Builder or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable. To the extent commercially available, the additional insured coverage shall be no less than that provided by Insurance Services Office, Inc. (ISO) forms CG 20 10 07 04, CG 20 37 07 04, and, with respect to the Agency and the Agency’s consultants, CG 20 32 07 04. A failure by the Agency to either (i) demand a certificate of insurance or written endorsement required by Section 11.3, or (ii) reject a certificate or endorsement on the grounds that it fails to comply with Section 11.3, shall not be considered a waiver of Design-Builder's obligations to obtain the required insurance. Design-Builder’s Required Insurance Coverage The Design-Builder shall purchase and maintain the following types and limits of insurance from an insurance company or insurance companies lawfully authorized to issue insurance in the jurisdiction where the Project is located. The Design-Builder shall maintain the required insurance until the expiration of the period for correction of Work as set forth in Section 11.2.2 of the General Conditions, for such other period for maintenance of completed operations coverage as specified in the Contract Documents, or unless a different duration is stated below: Commercial General Liability insurance for the Project written on an occurrence form with policy limits of not less than $1,000,000 each occurrence, $1,000,000 general aggregate, $1,000,000 aggregate for products-completed operations hazard, $1,000,000 personal and advertising injury, $50,000 fire damage (any one fire), and $5,000 medical expense (any one person) providing coverage for claims including: damages because of bodily injury, sickness or disease, including occupational sickness or disease, and death of any person; personal injury and advertising injury; damages because of physical damage to or destruction of tangible property, including the loss of use of such property; bodily injury or property damage arising out of completed operations; and the Design-Builder’s indemnity obligations under Section 3.19 of the General Conditions. The Design-Builder’s Commercial General Liability policy under this Section 11.3.2.2 shall not contain an exclusion or restriction of coverage for the following: Claims by one insured against another insured, if the exclusion or restriction is based solely on the fact that the claimant is an insured, and there would otherwise be coverage for the claim. Claims for property damage to the Design-Builder’s Work arising out of the products-completed operations hazard where the damaged Work or the Work out of which the damage arises was performed by a Subcontractor. Claims for bodily injury other than to employees of the insured. Claims for indemnity under Section 3.19 of the General Conditions arising out of injury to employees of the insured. Claims or loss excluded under a prior work endorsement or other similar exclusionary language. Claims or loss due to physical damage under a prior injury endorsement or similar exclusionary language. Claims related to residential, multi-family, or other habitational projects, if the Work is to be performed on such a project. Claims related to roofing, if the Work involves roofing. Claims related to exterior insulation finish systems (EIFS), synthetic stucco or similar exterior coatings or surfaces, if the Work involves such coatings or surfaces. Claims related to earth subsidence or movement, where the Work involves such hazards. Claims related to explosion, collapse and underground hazards, where the Work involves such hazards. Automobile Liability covering vehicles owned, and non-owned vehicles used, by the Design-Builder, with policy limits of not less than $1,000,000 per accident, for bodily injury, death of any person, and property damage arising out of the ownership, maintenance and use of those motor vehicles along with any other statutorily required automobile coverage. The Design-Builder may achieve the required limits and coverage for Commercial General Liability, Employers Liability, and Automobile Liability through a combination of primary and excess or umbrella liability insurance, provided such primary and excess or umbrella insurance policies result in the same or greater coverage as the coverages required under Section 11.3.2.2 and 11.3.2.3, and in no event shall any excess or umbrella liability insurance provide narrower coverage than the primary policy. The excess policy shall not require the exhaustion of the underlying limits only through the actual payment by the underlying insurers. The umbrella policy limits shall not be less than $3,000,000.
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