Orange County NC Website
J10327.000-0032-000 • <br /> EXHIBIT B—INSURANCE <br /> The following supplements Article 5 of the Agreement: <br /> 1. TRADE CONTRACTOR'S INSURANCE OBLIGATIONS. <br /> Prior to the commencement of the Work,Trade Contractor shall obtain and maintain insurance,in a form and amount satisfactory to the <br /> Construction Manager,according to the limits(denominated in US Dollars)and terms identified below for the duration of the Project and as <br /> required after completion,covering Worker's Compensation and Employer's Liability,Automobile Liability,Comprehensive General Liability, <br /> Excess Liability and Professional Liability/Errors and Omissions,and Pollution Liability,Contractor's Equipment,Riggers Liability,Cyber <br /> Liability,and Aviation Insurance(only as applicable as set forth below). The liability limits required by Trade Contractor under this Agreement <br /> for the primary Commercial General Liability insurance,Business Automobile Liability insurance and Umbrella/Excess Liability insurance may be <br /> satisfied through any combination of limits contained on either the primary or excess liability or combined policies of insurance. Except for <br /> Professional Liability coverages,all insurance must be provided on an occurrence basis.Except as otherwise set forth below,Trade Contractor <br /> shall maintain all required insurance under this Agreement during the term of this Agreement and through the Statue of Repose period in the State <br /> in which the Project is located,or if no Statute of Repose applies,for a period of ten(10)years following Trade Contractor's fulfillment of all <br /> obligations hereunder.No work shall be commenced by Trade Contractor,and no payment due,until satisfactory evidence has been provided <br /> that the insurance required by this Agreement is in force.Insurance shall be provided by a company with an A.M.BEST,rating of"A-"or better <br /> and financial ratings not lower than"VII"in the Best's Insurance Guide,latest edition in effect as of the date of this Subcontract,and which is <br /> licensed to do business in the state in which the Project is located. Should the Trade Contractor engage a subcontractor or consultant,the Trade <br /> Contractor shall ensure that such entity(ies)maintain insurance in the same forms and amounts as would apply if such entity was the"Trade <br /> Contractor"under this Agreement. <br /> 1.1 Controlled Insurance Programs: If the Project is insured by a Contractor Controlled Insurance Program(CLIP),and/or <br /> Owner Controlled Insurance Program(OCIP),the Trade Contractor shall refer to both the Project Manual and any insurance- <br /> related addendum to the Prime Contract(incorporated herein as a Contract Document)for any additional or alternate insurance <br /> obligations. If the CCIP or OCIP requires additional coverage or higher limits from the Trade Contractor than outlined in this <br /> Exhibit,Trade Contractor shall provide such additional coverage and/or limits as applicable. Unless specifically listed as an <br /> excluded party,Trade Contractor and its lower-tier Trade Contractors must follow the enrollment procedures set forth and comply <br /> with the amounts and terms of coverage as defined in the Project Manual. Trade Contractor and any lower-tier Trade Contractors <br /> are not allowed on site until enrollment has been completed. For Enrolled Trade Contractors and as applicable per the terms of the <br /> Controlled Insurance Program,the General Liability,Umbrella Liability,and Worker's Compensation requirements(if provided by <br /> the CIP)of this Exhibit will apply to off-site activities only. In the event any provision of this Agreement or any other Contract <br /> Document conflicts with the Controlled Insurance Program Insurance Policy,the provisions of the Policy shall govern. <br /> 2. COVERAGE LIMITS AND REQUIREMENTS <br /> 2.1 Worker's Compensation/Employers Liability: Trade Contractor shall provide Workers Compensation and Employer's Liability <br /> insurance in any jurisdiction(s)where the work is being performed or where benefits maybe applied. The Workers'Compensation insurance <br /> shall include a Voluntary Compensation Coverage Endorsement. When performing work in any monopolistic state or territory the Trade <br /> Contractor shall provide evidence of"stop gap"insurance in addition to workers'compensation. <br /> • Limits: <br /> • Worker's Compensation:Statutory <br /> • Employers Liability: <br /> • $1,000,000 each employee—by accident <br /> • $1,000,000 policy limit—by disease <br /> • $1,000,000 each employee—by disease <br /> • Waiver of Subrogation in favor of the Construction Manager,the Owner and any other parties as required by the Prime Contract,and <br /> Waiver of the rights to any statutory Worker's Compensation liens(in each case to the full extent permitted by law). <br /> • If Trade Contractor's employees are provided or managed by an employee-leasing firm,or Trade Contractor uses temporary employees <br /> -36- <br />