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Subcontract#: 1706-1050
<br /> Where applicable,evidence of coverage shall be required for U.S.Longshore and Harbor Workers Compensation,Maritime coverage,Federal
<br /> Employer's Liability Act and other unique exposures requiring endorsement of coverage.
<br /> D. Contractor's Pollution Liability Coverage. Required only if the Subcontractor's scope of services involves a disposal of waste or
<br /> hazardous materials off-site,as determined by General Contractor. If required,Contractor shall provide pollution liability coverage for the
<br /> Project.Such insurance shall include bodily injury,property damage,environmental damage,loss of use of property,governmental ordered
<br /> cleanup cost,completed operations and defense including costs,charges and expenses incurred in the investigation,adjustment or defense of
<br /> claims for damages.Coverage shall also be provided for transport of waste and non-owned disposal sites,if Contractor is disposing of waste.
<br /> Contractual liability shall be included.
<br /> The following limits and conditions shall apply:
<br /> t. The limit of liability shall be$1,000,000 per occurrence and$2,000,000 annual aggregate.
<br /> 2. The State of Wisconsin shall be named as an additional insured.
<br /> 3. A"claims made"form will be acceptable.The retroactive or prior acts date of such coverage shall not be after the effective
<br /> date of this Contract and Contractor shall maintain such insurance for a period of at least ten 00)years,following Substantial
<br /> Completion.If Contractor discontinues such coverage,then extended reporting period coverage must be purchased to fulfill
<br /> this requirement.
<br /> 4. Shall include a waiver of subrogation in favor of the State of Wisconsin.
<br /> E. Professional Liability Insurance. Required only if Subcontractor's scope of services include architectural,engineering,professional
<br /> consulting or construction management,as determined by General Contractor.If required,Subcontractor shall maintain professional liability
<br /> coverage with a limit of not less than$5,000,000 each wrongful act,$5,000,000 policy aggregate.
<br /> Coverage shall include liability arising from the errors,omissions or acts of the Subcontractor or any entity for which the Subcontractor is
<br /> legally responsible in the providing of professional services under the Contract.Throughout the term the Contract,the PUE&O policy shall
<br /> include full prior acts coverage.Coverage shall be continuously maintained during the term of this Agreement and for a period of five(5)
<br /> years following final acceptance of the Project or termination of the Contract.
<br /> Coverage shall not include any exclusion or other limitations related to:
<br /> • Scope of the professional services
<br /> • Delays in project completion and cost overruns
<br /> • Who is authorized to notify the carrier of a claim or potential claim
<br /> • Mold,fungus.asbestos,pollutants or other hazardous substances
<br /> Claims-made coverage is permitted,provided the policy retroactive date is continuously maintained prior to the commencement date of this
<br /> agreement,and coverage is continuously maintained during all periods in which Subcontractor performs professional services for General
<br /> Contractor,and for an additional period of five(5)years after termination of this agreement or the last date such services are performed,
<br /> whichever comes later. If Subcontractor's scope of work includes environmental engineering or consulting,the terms of coverage shall not
<br /> exclude environmental professional services.
<br /> F. Builder's Risk. If one of the three entities provides Builder's Risk(Owner,Contractor,or Subcontractor),the other two entities shall
<br /> be named as additional insured under that policy. The entity providing Builder's Risk insurance shall obtain and give the other two
<br /> entities insurance certificates showing compliance with the insurance requirements and indicating the coverages and limits cannot be
<br /> materially changed or cancelled without at least 30(thirty)days prior written notice to the additional insureds.
<br /> G. Additional Provisions:
<br /> I. Deductibles and Self-insured Retentions.The funding of deductibles and self-insured retentions maintained by Subcontractor shall
<br /> be the sole responsibility of Subcontractor, including any amounts applicable to deductibles or self-insured retentions applicable to
<br /> claims involving the General Contractor or Owner as an additional insured.Any self-insured retentions in excess of$25,000 must be
<br /> declared to and approved by the General Contractor.
<br /> 2. Primary/Non-Contributing. Subcontractor's required insurance coverage shall be primary insurance,and any insurance or self-
<br /> insurance maintained by the General Contractor or Project Owner shall be excess of and non-contributory with Subcontractor's
<br /> insurance.
<br /> 3. Severability of Interest.Except with respect to the limits of insurance,Subcontractor's required insurance shall apply separately to
<br /> each insured or additional insured.
<br /> 4. Waiver of Subrogation.Subcontractor agrees to waive all rights of subrogation against the General Contractor,Project Owner and
<br /> Project Architect,and shall cause each of its subcontractors to waive all rights of subrogation against the General Contractor,Project
<br /> Owner and Project Architect,their agents and employees,as respects loss,damage,claims,suits or demands,howsoever caused:
<br /> a. To real or personal property,vehicles,equipment,tools,etc.owned,leased or used by Subcontractor or Subcontractor's
<br /> employees,agents or sub-subcontractors;and
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