SECTION 152 – INSURANCE
152.01 Description
This Section describes the requirements for providing and maintaining insurance until Acceptance.
152.02 Materials
(Intentionally Blank)
152.03 Procedure
152.03.01 Railroad Protective Liability Insurance
If required by the Special Provisions, procure Railroad Protective Liability Insurance according to 23 CFR 646, Subpart A, as a combined single limit for bodily injury and property damage with minimum limits of liability in the amounts of $2,000,000 per occurrence and $6,000,000 per annual aggregate. Ensure that the Railroad Protective Liability Insurance meets the policy requirements specified in 107.11.02.A. Ensure the policy is endorsed to include per project aggregate. Additionally, ensure Comprehensive General Liability policy is endorsed to provide for independent contractors’ coverage and deletes any exclusions applying to liability arising out of operations in proximity to railroad property. Ensure that the Railroad Protective Liability I nsurance policy is endorsed to provide written notice by certified mail to the railroad company 30 days before changes to and cancellation of the policy. Ensure the policy is endorsed to include Severability of Interest/Separation of Insureds clause. Submit the policy for Railroad Protective Liability Insurance and endorsements to the Comprehensive General Liability Insurance to the railroad company for approval. The Department will list the name and address of the railroad company representative in the Special Provisions. Do not perform c onstruction operations on railroad property before the railroad company approves the insurance. Reconcile all policy requirements to the satisfaction of the railroad company and the RE. The Special Provisions will contain an estimate of the percentage of the Contract cost located within or adjacent to the railroad ROW. The percentage is provided f or informational purposes only and does not affect the amount of risk or coverage. Submit an updated DC -175, Insurance Certificate, to demonstrate continued renewal of insurance. During any period when the required insurance is not in effect, the RE may suspend the Work. The Department may refuse to make payments due under this Contract or any other contracts with the Department until the required insurance coverage is in effect. The Department may use monies withheld to renew the insurance for the periods and amounts referred to above. Alternatively, the Department may default the Contractor and direct the Surety to complete the Project.
152.03.02 Pollution Liability Insurance
Procure Contractor’s Pollution Liability Insurance for bodily injury and property damage with minimum limits of liability in the amounts of $5,000,000 per occurrence and $10,000,0 00 aggregate. Ensure that the Pollutio n Liability Insurance meets the policy requirements specified in 107.11.02.A. If the policy is written on an occurrence form, ensure it will remain in effect until Acceptance, and ensure that completed operations coverage is provided for a period of no less than 2 years after Acceptance. If the policy is written on a claims- made basis, ensure an Extended Reporting Provision coverage is maintained for a period of no less than 2 years after Acceptance. Ensure the policy provides coverage for:
1.Bodily injury and property damage to third parties.
2.Natural resource damages.
3.Environmental cleanup including restoration or replacement costs.
4.Legal defense.
5.Transportation of waste material by or on behalf of the Contractor away from the Project Limits.
6.Disposal liability for pollution conditions on, at, under, or emanating from any disposal site, location or facility used by or on behalf of the Contractor for disposal of waste.
7.Waiver of Subrogation for all claims and suits, including recovery of any applicable deductibles.
Referenced in this section
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Source: Standard Specifications for Road and Bridge Construction, 2019 (rev. 2022-12-21) Edition. Pages 121–121 of 651. View official source ↗