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General

234-2(d)(2)(ii) of West Virginia Code. The limits of insurance under this section shall

WV · 2023 Standard SpecificationsBook pages 2829View official source ↗

18 to comply with the current Special Provision for Subc ontractor Prompt Payment and does not necessitate the withholding of retainage by the Division from monies due on future progress voucher estimates payable under the terms of the contract. The specified percentage of the contract price required for the bon d shall be consistent and applicable throughout the duration of the contract for which the bond is being submitted and shall be consistent and applicable to all contracts executed between the Division and that particular contractor. 103.7 -INSURANCE REQUIR EMENTS : The Contractor shall be required, in addition to any other form of insurance or bonds required under the terms of the Contract and Specifications, to procure and maintain during the life of the Contract the following types of insurance in the amounts set forth. All such policies of insurance, except for Workers’ Compensation, shall name the Division as an additional insured and shall be occurrence policies and the Certificate of Insurance provided to the Division shall so specify. The policies must provide coverage during the life of the contract regardless of when the claim is filed subject to statute of limitations. 103.7.1 -Contractor’s General Liability Insurance: The Contractor shall maintain commercial general liability (CGL) coverage with limits not less than: General Aggregate $2,000,000 Products/Completed Operations Aggregate $2,000,000 Personal & Advertising Injury $1,000,000 Each Occurrence * $1,000,000 Damages to Rented Premises $300,000 Medical Expense Limit $5,000 * Each Occurrence limit shall be $2,000,000 when performing any operations that are subject to 107.8 – Railway -Highway Provisions. The CGL shall be written on ISO occurrence form CG 00 01, or equivalent, and shall cover liability arising from premises -operations, independent contractors, products -completed operations, personal injury and advertising injury, and liability assumed under an insured contract. There shall be no endorsement or modification of the CGL limiting the scope of coverage for liability arising from explosion, collapse, or underground property damage whenever work involving these exposures are undertaken. The CGL policy shall include endorsemen ts that amend the aggregate limits of insurance to be applicable to each construction project separately. Contractor shall furnish an ACORD Form 25 -S Certificate of Insurance, or its equivalent, with a 30-day notice of cancellation provisions to evidence this CGL coverage. 103.7.2 -Workers’ Compensation –Insurance and Employer’s Liability Insurance: The contractor shall also give evidence for Workers’ Compensation Insurance and Employers Liability Insurance, with a 30 -day notice of cancelation. The benefits provided under the Workers’ Compensation shall be benefits prescribed by West Virginia Code. The Employer’s Liability policy must include coverage to protect the contractor for claims brought under Section 23-4-2(d)(2)(ii) of West Virginia Code. The limits of insurance under this section shall be as follows: Each accident $1,000,000 Each disease $1,000,000 Each disease/employee $1,000,000 19 Evidence of this coverage can be set forth on the ACORD Form 25 -S as specified in Subsection 103.7.1 or approved form and shall indicate that West Virginia statutory Workers Compensation coverage is included. 103.7.3 -Automobile Insurance: The Contractor shall furnish evidence, with a 30 -day notice of cancellation, to the state that it maintains an Insurance Services Office Commercial Automobile Liability insurance policy Form CA0001 or its equivalent. The policy shall include coverage for owned, non -owned, and hired vehicles. The limits for liability insurance must be at least $1,000,000 combined single limit. Evidence for the coverage shall be set forth on an ACORD Form 25 -S Certificate of Liability Insurance. 103.7.4 -Steam Boiler Insurance: In event steam boilers are used on the work, the Contractor shall furnish evidence that the Contractor carries in their own behalf standard Steam Boiler Insurance having an aggregate limit of not less than $250,000. The insurance specified shall be carried until all work required to be performed under the terms of the Contract is satisfactorily completed as evidenced by the formal acceptance of the State. 103.8 -SPECIAL BONDS AND INSURANCE : When the work is of such nature that special bond or insurance is required, the special requirements will be detailed and included in the Proposal for the project. This coverage could include, but not be limited to, builder’s risk, installation floater, maritime exposures, environmental exposures, and profes sional liability. 103.9 -EXECUTION OF CONTRACT : The Contract shall be executed by the bidder to whom the Contract has been awarded, the bond executed by the principal and the sureties, an d the Contract and bond returned to the Division within 20 days after the date of the notice of the award.

103.10 Failure To Execute Contract :

Failure by the bidder to execute the Contract and file acceptable bond within 20 days after notice of award shall be just cause for the annulment of the award; and it is understood by the bidder, in the event of such an annulment of award or the Contract, that the amount of the guaranty deposited with the Proposal will be retained by the Division and deposited in the Division of Highways Fund, not as a penalty, but as liquidated damages. Award may then be made to the next lowest responsible bidder, or the work may be readvertised and constructed under contract or otherwise, as the Division may decide.

103.11 Preconstruction Conference :

As soon as possible after the award of each Contract a preconstruction conference will be arranged by the Division. The Contractor, their superintendent, or an authorized agent sh all be present at the conference and shall present the proposed schedule of work, list of proposed subcontractors, if any, and a list of suppliers from whom materials are anticipated to be purchased. The information so presented shall be on forms submitted to the Contractor with the letter of contract award. The Division will make arrangements for utility representatives to be present.

Source: West Virginia Standard Specifications for Road and Bridge Construction, 2023 Edition. Pages 2829 of 1,006.