7-14-98
OWNERS' AND CONTRACTORS' PROTECTIVE LIABILITY INSURANCE
COVERAGE FOR OPERATIONS OF THE DESIGNATED CONTRACTOR
The Standard Specifications are revised as follows:
SECTION 103, DELETE LINES 325 THROUGH 435.
SECTION 103, AFTER LINE 436, INSERT AS FOLLOWS:
103.04 Insurance. Prior to commencing work, the Contractor shall obtain and thereafter keep in force, the following insurance coverages provided by insurance companies acceptable to the Department and authorized to transact business under the laws of the State of Indiana. Certificates of insurance shall be filed with the Department. The Department may temporarily accept an insurance binder pending receipt of the certificate of insurance. When Railroad's Protective Liability insurance in accordance with 103.04(d) is required, the original policy shall be submitted to the railroad company with a copy transmitted to the Department. In addition, certificates of insurance shall be provided to the railroad, on forms satisfactory to the railroad, covering the Contractor's Commercial General Liability and Business Automobile Liability insurance.
The Contractor may purchase insurance for the full limits required by 103.04(b), or 103.04(c) or by a combination of primary policies for lesser limits and remaining limits provided by a Commercial Umbrella Liability policy.
Proof of renewal shall be furnished 15 days or more in advance of the policy expiration. If subject to cancellation, the insurance company shall provide at least 30 days prior notice, and the insurer shall immediately notify the Department in writing at Room N855, 100 N. Senate Avenue, Indianapolis, IN 46204-2218 of such impending cancellation.
In the event of cancellation or expiration, all work on the contract shall be suspended except that necessary for traffic maintenance and the protection of life and property. No extension in the contract completion time or additional payment will be allowed on account of this requirement and contract time charges will continue.
Nothing contained herein shall modify the Contractor's obligation of indemnification and exculpation of the State and its representatives in accordance with 107.16.
(a) Worker's Compensation and Employer's Liability.
1. Worker's compensation shall be provided according to the provisions of the Indiana Worker's Compensation and Occupation Diseases Act as amended.
2. A certificate from the Worker's Compensation Board of Indiana shall be furnished as evidence of compliance with the provisions of the Indiana Worker's Compensation and Occupational Diseases Act.
(b) Commercial General Liability. Required liability insurance coverage shall provide coverage for operations of the Contractor and operations of subcontractors. Coverages shall include premises-operations; independent contractors; products; completed operations; broad form property damage; hazards of explosion, collapse, and underground damage; and contractual liability. The general aggregate limit shall be endorsed so as to provide coverage for each contract as follows:
1. General Aggregate Limit $2,000,000
2. Products-Completed Operations
Aggregate Limit $2,000,0003. Each Occurrence Limit $1,000,000
(c) Business Automobile Liability. This policy shall cover owned, non-owned, and hired vehicles. The combined single limit of liability for bodily injury and property damage liability per each accident shall be $1,000,000.
(d) Railroad's Protective Liability. When required, the Contractor shall carry, with respect to the operations performed and those performed by others, for and in behalf of each railroad company, Railroad Protective Liability insurance providing for a limit of not less than a combined single limit of $2,000,000 per occurrence for damages arising out of bodily injury, death, and property damage with an aggregate limit of $6,000,000 for the term of the policy.
In addition, the limits specified in 103.04(b)3 shall be increased to $2,000,000.
(e) Owner's and Contractor's Protective Liability Insurance Coverage for Operations of Designated Contractor. The named insured in this policy shall be the State of Indiana, c/o Indiana Department of Transportation, 100 N. Senate Avenue, Room N855, Indianapolis, Indiana 46204-2218. The named insured shall also be the _______of ________________.
The limits of coverage shall be not less than $1,000,000 for all damages arising out of bodily injury or death in one occurrence, and for all damages arising out of injury to or destruction of property in any one occurrence. Subject to the limit per occurrence, an aggregate limit for the contract of not less than $3,000,000 shall be provided during the policy period.
In addition to the limits specified herein, the policy and the binder shall also include the endorsements to the Owner's and Contractor's Protective Liability Insurance as follows:
1. Wherever used in this policy, the term "named insured" shall include the Indiana Department of Transportation, its officers, and employees. If so specified in the contract, the term "named insured" shall also include a local governmental agency, its officers, and employees.
2. Wherever used in this policy, the term "general supervision" shall include on-site inspection, field engineering, field testing, and activities incidental thereto.
3. Exclusion (c) is amended to read as follows:
(c) To bodily injury or property damage occurring after all work on the project to be performed by or on behalf of the State at the site of the covered operation has been completed, and the Contractor designated herein has been relieved of further maintenance, as set out in the final acceptance letter of the Indiana Department of Transportation.
4. Not withstanding other terms or conditions, this policy provides the minimum insurance coverages as of the latest filing with the Indiana Department of Insurance by the Insurance Services Office with the endorsements and amendments specified by 103.04(e) of the Indiana Department of Transportation Standard Specifications. The policy is identified as the latest edition of form CG 00 09 as copyrighted by the Insurance Services Office, Inc.
(f) Basis of Payment. No direct payment will be made for insurance. The cost thereof shall be included in the costs of the pay items.