All Bonds shall be procured from a company organized and opera ting in the United States, licensed or approved to do business in the State of Mai ne by the State of Maine Department of Business Regulation, Bureau of Insurance, and lis ted on the latest Federal Department of the Treasury listing for “Companies Holding Certi ficates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuri ng Companies.” By issuing a bond, the Surety agrees to be bound by all terms of the Contract, including those related to payment, time for performance, quali ty, warranties, and the Department’s self-help rem edy provided in Section 112.1 - Defau lt to the same extent as if all terms of the Contract are contained in the bond(s). Regarding claims related to any obligations covered by the bon d, the Surety shall provide, within 60 Days of Receipt of written notice thereof, f ull payment of the entire claim or written notice of all bases upon which it is denying or cont esting payment. Failure of the Surety to provide such notice within the 60-Day period constitu tes the Surety’s waiver of any right to deny or contest payment and the Surety’s acknowled gment that the claim is valid and undisputed.
110.3Insurance The Contractor shall provide signed, valid, a nd enforceable
certificate(s) of insurance comp lying with this Section. All i nsurance must be procured from insurance companies licensed or approved to do business in the State of Maine by the State of Maine, Department of B usiness Regulation, Bureau of In surance. The Contractor shall pay all premiums and take all other actions necessary to keep required insurances in effect for the duration of the C ontract obligations, excluding warranty obligations. 110.3.1 Workers' Compensation For all operations performed by the Contractor and any Subcontractor, the Contractor and each Subcontractor shall carry Workers’ Compensation Insurance or shall qualify as a self-insurer with the State of Maine Workers’ Compensation Board in accordance with the requirements of the l aws of the State of Maine. If maritime exposures exist, coverage shall include United States Long Shore and Harbor Workers coverage. 110.3.2 Commercial General Liability With respect to all oper ations performed by the Contractor and any Subcontr actors, the Contractor and any S ubcontractors shall carry commercial general liability insurance in an amount not less th an $1,000,000.00 per occurrence and $2,000,000.00 in the aggregate. The coverage mu st include products, completed operations, and Contractual liability coverages, and Insurance Services Office
Contractor’s obligations to indemnify the Department as provide d in this Contract, including claims due to use of explosives, collapse, and underground cove rage if the Work involves such exposures.
When the work to be performed entails the use of barges, tug bo ats, work boats, supply boats, or other watercraft, Protection and Indemnity coverage f or such work shall be provided at the limits called for under Commercial General Liab ility insurance. 110.3.3 Automobile Liability The Contractor shall carry Autom obile Liability Insurance covering the operation of all motor vehicles, includi ng any that are rented, leased, borrowed, or otherwise used in connection with the Project. Th e minimum limit of liability under this Section shall be $1,000,000.00 per occurrence. 110.3.4 Professional Liability Contractors and Subcontractor( s) who engage in design Work, preliminary engineering Work, and environmental co nsulting Work for the Department shall maintain a Professional Liability policy for e rrors and omissions that provides a minimum liability of $1,000,000 per claim and annual aggregate. “Design Work” includes the design of temporary Structures and all other Work that requires design computations. This policy shall cover “Wrongful Acts,” meaning negligent acts, errors, or omissions by the Contractor, or a ny entity for whom the Contrac tor is legally liable, arising out of the performance of, or fa ilure to perform, professional services. The Department reserves the right to adjust liability coverage on a project-by project basis as it deems appropriate. 110.3.5 Owners and Contractors Protective Liability If required by Special Provision, the Contractor shall ca rry an Owners and Contractors Protective (OCP) Policy covering all operations performed by the Contractor and any Sub contractor in an amount not less than $1,000,000.00 per occurrence and $2,000,000.00 in the aggregate, naming the Department as the sole insured party under the policy. 110.3.6 Builders Risk Unless required by Special Provision, t he Department does not require the Contractor to ca rry Builders Risk Insurance. H owever, the Contractor is advised of its risks for damage to the Work as provided in Section 104.3.10 - Responsibility for Damage to the Work. The Contractor is responsible for mana ging and insuring these risks as it deems appropriate. 110.3.7 Pollution Liability If required by Special Provision, the Contractor shall carry Pollution Liability insurance to cover the risk of sudden or accidental discharge of pollutants during the prosecution of the Work. The limits of l iability for this coverage shall be in the amount of $1,000,000.00 per occurrence and $2,000,000 .00 in the aggregate. Regardless of whether such insurance is carried by the Contract or, the Contractor is responsible for managing these risks as it deems appropriate. 110.3.8 Railroad Protective Liability When working adjacent t o a railroad, the Contractor and Subcontractors shall carry Railroad Protective L iability Insurance as required by the Railroad. 110.3.9 Administrative & General Provisions
Compensation and Professional Liability insurance, shall list t he Department of Transportation as an additional insured.
carrier to investigate, defend, indemnify, and hold harmlessal l named insureds against any and all claims for death, bodily injury, or property damage, ev en if groundless. The Contractor’s insurer shall name the Department as a released pa rty (“Releasee”) on any release or settlement agreement for settled claims.
primary insurance with respect to the State, its officers, agen ts, and employees. Any insurance or self-insurance maintained by the State for its off icers, agents, and employees is in excess of the Agent’s insurance and shall not contribute wit h it.
not affect coverage provided to the State, its officers, agents , and employees.
separately to each insured against whom claim is made or suit i s brought, except with respect to the limits of the insurer’s liability. Nothing in this document constitutes a waiver of any defense, i mmunity or limitation of liability that may be available to the Department or its office rs, agents, or employees under the Maine Tort Claims Act (14 M.R.S.A. § 8101, et seq.), and sh all not constitute a waiver of other privileges or immunities that may be available to the Department.
Scope of Section This Section c ontains provisions for resolvi ng Disputes early, efficiently, fairly, and as close to the Project level as possi ble. For related provision, see Section 104.4 - Communication and Coordination.
111.1General
111.1.1 Definitions “Dispute” is defined in Section 101.2 - D efinitions. “Issue” is defined in Section 104.4.5 – Early Negotiation. Additionally, an “Issue” as used in Sections 111.1 through 111.3 below, is a matter that may give rise to a Dispute. 111.1.2 Escalation Process To resolve Issues or Disputes, the Contractor and the Department may mutually agree in writing at any time to any for m of Dispute resolution, including mediation, facilitated negotiation, neutral case eval uation, arbitration, or litigation. In the absence of such written Agreement, the parties must purs ue resolution of Issues or Disputes that arise after Contract Execution as follows: (A) fi rst through negotiation at the Project level as provided in Sections 104.4.5 - Early Negotiati on and 111.2 - Project Level