Table 107-1 Insurance Requirements ($ in millions) Initial Contract Amount Occurrence Minimum Aggregate Ultrahazardous Aggregate Up to $1 $ 1 $ 2 $ 3 From $1 to $ 2 $ 2 $ 4 $ 6 Over $2 $ 5 $10 $15 Aggregate coverage for projects with ultrahazardous activities shall be triple the occurrence minimum. Ultrahazardous activities include pile driving; transportation, use, storage, or removal of explosives, radioactive materials, or particularly hazardous or volatile chemicals; and asbestos or lead paint abatement; but does not include vibratory installation of sheet piles. Each policy shall include provisions stipulating that the in surance company(ies) shall have no recourse against the State of Louisiana and the Department for payment of any premiums or for assessments under any form of the policy and that any and all deductibles in the above described insurance policy(ies) shall be assumed by and be at the sole risk of the contractor. Insurance is to be placed with insurance companies authorized in the State of Louisiana with an A. M. Best’s rating of A -: VI or higher. This rating requirement may be waived for Workers Compensation coverage only. Should any policies be canceled, the contractor shall immediately notify the Department. Upon failure of the contractor to furnish, deliver and maintain such insurance for itself as required, this contract, at the election of the Department, may be immediately declared suspended, discontinued or terminated. Upon failure of the contractor to maintain OCP insurance at any time prior to final acceptance of the project, work on this contract shall be immediately suspended until proof of such insurance is presented to and accepted by the Department’s Project Control unit. During a suspension caused by the lack of any required insurance, contractual time charges will continue to be assessed against contract time, as will any assessment of stipulated damages, without interruption. Failure of the contractor to maintain any required insurance shall not relieve the contractor from any liability under the contract, nor shall the insurance requirements be construed to conflict with the obligations of the contractor concerning indemnification under 107.17 . The contractor is responsible for requiring and verifying that all subcontractors working on the project maintain appropriate types and levels of insurance coverage. This contract does not authorize or appoint contractor as an agent or mandatory of the Department, or of the State of Louisiana. Accordingly, the contractor is subject to and responsible for all taxes incurred in the performance of its contractual obligations.
107.02.1 Reimbursement of OCP Insurance: Contractor may
submit the direct cost of OCP insurance (only) to the Department for reimbursement. The provisions of 109.04 shall not apply to this reimbursement. The cost of all other required insurance must be included in contractor’s overhead applied to all other bid items. The Department will reimburse the actual cost of OCP coverage, with no allowed mark -up, as shown on an invoice produced by the insurance provider. Contractor must also submit an original sworn affidavit from the insurance producer/agent in which that person attests that the submitted invoice is for the required OCP coverage only, and that the invoice accurately reports the cost to contractor of that coverage. The invoice and affidavit may be submitted at the preconstruction conference or thereafter for inclusion with a partial estimate. There will be no reimbursement for any purchase of OCP insurance policy extensions necessitated by concurrent; non-excusable; or excusable, non-compensable delays in completion of the project, whenever such delays occur, or for claimed utility delays where such days were not added to Contract Time by change order. Any policy extensions necessitated by excusable, compensable delays will be reimbursed on a pro-rata monthly basis.
107.03 PATENTED DEVICES, MATERIALS AND PROCESSES. If
the contrac tor uses any design, device, material , or process covered by patent or copyright, the contractor shall be responsible for such use. The contractor and surety shall indemnify the State, any affected third party or political subdivision from claims for infringement due to the use of any such patented design, device, material or process, or any trademark or copyright and shall indemnify the State for any costs, expenses , and