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Insurance Requirements
Subcontractor shall procure and maintain, for the duration of the contract, insurance against claims for injuries to persons or damages to property, which may arise from, or in connection with, the performance of the work hereunder by the Subcontractor, his agents, representatives, employees or sub-subcontractors. The cost of such insurance shall be borne fully by Subcontractor.
Minimum Limits of Insurance
Subcontractor shall maintain limits no less than:
1. Commercial General Liability: $1,000,000.00 per occurrence for bodily injury, personal injury, property damage, and completed operations, and shall be written on an Occurrence Form; Claims Made Forms will not be accepted. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: $1,000,000.00 combined single limit per accident for bodily injury and property damage, covering all owned, hired and non-owned vehicles.
3. Workers' Compensation and Employers Liability: Workers' Compensations limits as required by the Labor Code of the State of California and Employees Liability limits of $1,000,000.00 per accident.
Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to, and approved by, Contractor. At the option of Contractor, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as they respect Contractor, its officials, employees, and agents, and subcontractors, and as they respect the Owner, or the Subcontractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses in an amount specified by Contractor.
Other Insurance Provisions
The policies are to contain, or be endorsed to contain, the following provisions:
1. General Liability and Automobile Liability Coverage's
a. Garden City Construction, Inc. its officials, employees, and agents and contractors, and the OWNER INFORMATION, their officials, employees, and agents are to be named as an additional insured using the CG2010 11/85 Form or its equivalent for liability arising out of activities performed by, or on behalf of, the Subcontractor, products and completed operations of the Subcontractor, premises owned, leased or used by the Subcontractor, or motorized vehicles and construction equipment owned, leased, hired or borrowed by the Subcontractor. The coverage shall contain no special limitation on thee scope of protection afforded to Contractor or Owner or their officials, employees, agents and subcontractors.
b. The Subcontractor's insurance coverage shall be primary insurance with respect to Contractor, its officials, employees, agents, clients, and subcontractors. Any insurance or self-insurance maintained by Contractor, its officials, employees, or agents, clients, or contractors shall be excess of the subcontractor's insurance and shall not contribute with it.
c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to Contractor, officials, employees, agents, clients, or subcontractors.
d. Coverage shall state that the Subcontractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
e. The Certificate and Endorsement shall include the following:
Project Name:
Project Number:
Project Address:
All Coverages
Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days' prior written notice has been given to Garden City Construction, Inc.
Acceptability of Insurance
Insurance shall be placed with insurers rated A-VIII or better by A.M. Best, Inc.
Verifications of Coverage
Subcontractor shall furnish Contractor with certificates of insurance and with original endorsements affecting coverage required by this clause. Certificates will be filed with contractor until 1 year after project completion. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf.
Proof of Insurance shall be mailed to the following address or any subsequent address as may be directed in writing by Garden City Construction, Inc. Garden City Construction, Inc., 618 South First Street, San Jose, CA 95113.
Subcontractors
Subcontractor shall ensure that all tiers of their subcontractors shall maintain insurance in like forms and amounts and shall provide certificates and additional insured and primary wording endorsements from each lower tier subcontractor, naming Garden City Construction, Inc. as additional insured.
Professional Liability Insurance
A $1,000,000 Professional Liability insurance policy may be required if Subcontractor or their subcontractor provides design or design/build services to the project. Professional Liability in an amount not less than $1,000,000 and in forms acceptable to the Contractor shall be maintained if requested by Contractor
Pollution Liability
If subcontractor or their subcontractors are required to perform remedial hazardous material operations such as asbestos containing materials, contaminated soil, etc., they must, in addition to the above requirements, maintain "Contractor's Pollution Liability" coverage with limits not less than $1,000,000 per occurrence and aggregate for bodily injury and property damage. Contractor shall be included as an additional insured.
If Subcontractor or their subcontractor haul hazardous waste they must maintain Automobile Liability insurance with not less than $1,000,000 combined single limit per accident for bodily injury and property damage applicable to all hazardous waste hauling vehicles and include MCS 90.
NO WORK SHALL BEGIN UNTIL APPROPRIATE INSURANCE CERTIFICATES AND ENDORSEMENTS ARE RECEIVED BY GARDEN CITY CONSTRUCTION, INC. EXPIRED CERTIFICATES WILL CAUSE DELAY IN PAYMENTS TO THE SUBCONTRACTOR.
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