are the following insurance requirements available for a small business, albeit high-risk policy for intermittent periods of work?
5. INSURANCE. Prior to commencement of the Work, the Subcontractor shall procure, and at all times thereafter until the Subcontractor’s obligations under this Agreement are fully discharged, maintain with insurers acceptable to Contractor, the following minimum insurance insuring the Subcontractor, Contractor, the Owner, and any additional indemnitees as required by the Prime Contract, against all liabilities assumed by Subcontractor under this Agreement. Such policies shall include:
Workers’ Compensation within statutory limits as prescribed by applicable law where the work is being performed and Employers’ Liability in the minimum amount of $500,000.00 each accident. Where applicable, coverage shall include U.S. Longshore and Harbor Workers’ Compensation Act, and the Jones Act. Subcontractor shall provide Worker's Disability Insurance with limits in accordance with the law.
Commercial General Liability including the following coverage extensions: (1) Contractual Liability, (2) Products/Completed Operations, (3) Broad Form Property Damage and (4) Independent Contractors. The limits of liability for such insurance shall be not less than $2,000,000.00 single combined limit. Coverage shall be written to provide that the general aggregate limit applies per project/location.
Automobile Liability extending to owned, non-owned and hired automobiles used in the performance of the work. The limits of liability shall be not less than $2,000,000.00 combined single limit.
If providing Professional Services; Professional Errors and Omissions Liability Insurance policy must be provided covering the errors, acts or omissions of the Subcontractor. The limits of liability shall be not less than $ 1,000,000.00 combined single limit.
Excess/Umbrella Liability insurance on a following form basis with limits of Each Occurrence $10,000,000, General Aggregate $10,000,000.
If applicable, Subcontractor must provide Pollution Liability Insurance in the amount of $5,000,000 with Contractor, Owner and any additional indemnitees as established by the Prime Contract listed as additional insureds, which insurance shall provide coverage for environmental liability resulting from Subcontractor’s activities at the Site, including, but not limited to, demolition activities related to asbestos.
Limits required for Commercial General Liability and Automobile Liability may be provided by use of an Umbrella Liability policy. All such liability policies shall be written to provide required coverages on an “occurrence” basis.
The Subcontractor shall include Contractor, the Owner, and any additional indemnitees as required by the Prime Contract, as an additional insured on each of these policies except for Worker's Compensation, including products/completed operations coverage’s, to the maximum limits of coverage carried by the Subcontractor. A copy of the endorsement or policy provision shall be submitted with the certificate of insurance pursuant to an ISO form CG 2010 11/85 or any similar endorsement providing the same or broader coverage. The Subcontractor shall provide a waiver of subrogation in favor of Contractor, the General Contractor, the Owner and all others as required by the Prime Contract. The Subcontractor’s insurance shall apply as primary and non-contributing insurance to any other applicable insurance maintained by Contractor. Coverage shall be maintained without interruption until date of final payment, except for Products and Completed Operations coverage which shall be maintained for two years after final payment. There shall be a 30-day notice cancellation clause stated on the certificates.
The Subcontractor shall provide Contractor with certificates evidencing such insurance as outlined above prior to beginning any Work under this Subcontract Agreement. The Subcontractor shall cause its Subcontractor(s) to procure insurance coverage as outlined above. The Subcontractor shall obtain policies or certificates for its Subcontractor(s) and deliver them to the Contractor, if requested to do so.