Template 1 of 6 · 10 paragraphs
Exhibit C: Subcontractor Insurance Requirements
C.1 General. Before performing any Work, and until final payment and the end of the completed operations period stated below, Subcontractor shall maintain at its own expense the insurance required by this Exhibit, with insurers authorized or eligible to do business in the Project state and rated A- VII or better by AM Best. Coverage shall be written on an occurrence basis. Deductibles or self-insured retentions above $25,000 require Contractor's written approval and are Subcontractor's sole responsibility. The limits below are minimums and do not limit Subcontractor's liability or indemnity obligations.
C.2 Commercial General Liability. ISO form CG 00 01 or a form at least as broad, with limits of not less than $1,000,000 each occurrence, $2,000,000 general aggregate, $2,000,000 products-completed operations aggregate and $1,000,000 personal and advertising injury. The general aggregate shall apply per project by ISO CG 25 03 or equivalent. Coverage shall insure this Subcontract as an "insured contract" and shall not include ISO CG 21 39, CG 24 26, CG 22 94, CG 21 44 (unless it schedules the Project), or any exclusion for bodily injury to employees of Subcontractor or its sub-subcontractors brought against an Additional Insured (action over).
C.3 Additional Insureds. Contractor, Owner, Owner's lender, the Architect and every other party Contractor is required to include under the Prime Contract (the "Additional Insureds," listed in Schedule 1) shall be included as additional insureds under the general liability, umbrella and excess policies. Ongoing operations coverage shall be provided by ISO CG 20 10 (04 13 or later) or CG 20 38, and completed operations coverage by ISO CG 20 37 (04 13 or later) or CG 20 40, or by forms providing coverage at least as broad. Completed operations additional insured coverage shall be maintained for three (3) years after final completion of the Project. Additional insured coverage shall apply to claims caused in whole or in part by Subcontractor's acts or omissions and shall not be limited to vicarious liability.
C.4 Primary and Non-Contributory. All coverage afforded to the Additional Insureds shall be primary to, and shall not seek contribution from, any insurance or self-insurance available to them, by ISO CG 20 01 or equivalent wording. Subcontractor's umbrella and excess policies shall apply before any umbrella, excess or self-insured program available to the Additional Insureds.
C.5 Business Automobile Liability. Coverage for any auto (symbol 1), or for owned, hired and non-owned autos if Subcontractor owns no autos, with a combined single limit of not less than $1,000,000 each accident. The Additional Insureds shall be insureds by ISO CA 20 48 or equivalent.
C.6 Workers Compensation and Employers Liability. Statutory workers compensation for every state in which Work is performed, and employers liability of not less than $1,000,000 each accident, $1,000,000 disease each employee and $1,000,000 disease policy limit.
C.7 Umbrella or Excess Liability. Not less than $5,000,000 each occurrence and aggregate, following form over the general liability, automobile and employers liability coverage, with the Additional Insureds included and the primary and non-contributory terms of C.4 applying.
C.8 Waiver of Subrogation. Subcontractor waives, and shall cause its insurers to waive, all rights of recovery against the Additional Insureds, by ISO CG 24 04 (general liability), ISO CA 04 44 (automobile), NCCI WC 00 03 13 (workers compensation) and equivalent wording on the umbrella and excess policies.
C.9 Evidence, Notice and Enforcement. Before mobilization and at each renewal, Subcontractor shall deliver an ACORD 25 certificate together with copies of every endorsement required by this Exhibit and the policy forms schedule. A certificate alone does not satisfy this Exhibit. Subcontractor shall give Contractor written notice within two (2) business days of any cancellation, nonrenewal or reduction in coverage, and each policy shall provide thirty (30) days' notice of cancellation to Contractor (ten (10) days for nonpayment) where the insurer offers such an endorsement. Contractor may withhold payment and site access while Subcontractor is not in compliance.
C.10 Lower Tiers. Subcontractor shall require each of its sub-subcontractors to carry the insurance in this Exhibit, naming the same Additional Insureds, and shall collect and verify their certificates and endorsements before they begin work.