• Products and Completed Operations with a minimum limit of liability of $2,0000,000 in the aggregate. This Products/Completed Operations liability coverage shall be maintained for at least 2 years after completion of work.
• Premises/Operations
• Underground Explosion and Collapse (XCU) Hazard
• Broad Form Blanket Contractual
• Independent Contractors
• Broad Form Property Damage
• Personal Injury
CB&I, and any other parties CB&I is obligated to name as Additional Insureds on its own policies as required by CB&I’s contract with its customer, shall be named as an Additional Insured on Subcontractor’s Commercial General Liability policy providing coverage as required by this Subcontract and using Additional Insured endorsement CG 20 10 11 85. Said insurance:
• Shall include the cost of defense (which shall not reduce the limits)
• Shall be Primary insurance for CB&I (and any other Additional Insureds as aforesaid)
• Shall be Non-Contributory with any other valid insurance available to CB&I (and any other Additional Insureds as aforesaid)
• Shall contain a Cross Liability or Severability of Interest Clause
(D) Property/Physical Damage insurance covering property, construction equipment, tools, temporary structures and supplies owned or used by or in the care, custody, and control of Subcontractor. Subcontractor shall be responsible for any deductible under such policies.
Subcontractor hereby releases CB&I and Owner and any required Additional Insured party, and shall cause all of Subcontractor’s Insurers to Waive their rights of Subrogation against such released parties for losses or claims for bodily injury, property damage or other insured claims arising out of or relating in any way to this Subcontract.
If Excess or Umbrella policies are utilized to meet any limits or coverages required under this Subcontract, all applicable policies are required to be endorsed to meet the requirements of this section.
Any self-insured retention or deductible applicable to any policy shall be satisfied at the sole expense of the Subcontractor.
Within ten (10) days after notice of award of this Subcontract, but before any work commenced on site, Subcontractor shall furnish to CB&I Certificates of Insurance evidencing that the insurance required herein has been obtained and is in full force and effect with insurance companies having a Best’s rating of A- or better. Evidence of insurance coverages shall be on ACORD Certificate Form 25-5 or equivalent if approved by CB&I. This Certificate of Insurance shall not include any wording limiting or disclaiming the Additional Insured status required above and/or limiting the Waiver of Subrogation. CB&I reserves the right to request from Subcontractor original or certified copies of insurance policies and endorsements for all insurance required to be provided by Subcontractor under this subcontract. Subcontractor shall ensure that renewal certificates for all applicable coverages are delivered to CB&I not less than ten (10) business days prior to expiration of existing policies. All insurance required herein shall remain in full force and effect with full policy limits applicable to the Work to be performed under this Subcontract and shall provide for not less than sixty (60) days written notice to CB&I prior to the effective date of any cancellation, non-renewal or material change of the insurance. All certificates of insurance furnished by Subcontractor to CB&I must confirm that the required notice will be given to CB&I.
The failure of CB&I to request an insurance certificate of policies, or the acceptance by CB&I of an incomplete insurance certificate of policies, shall not operate as a waiver of Subcontractor’s insurance obligations hereunder. Approval, disapproval or failure to act by CB&I regarding any insurance supplied by the Subcontractor (or any lower tier subcontractor(s)) shall not relieve the Subcontractor of full responsibility or liability for damages or accidents as set forth in this Agreement. Neither the failure of Subcontractor to comply with any or all of the insurance provisions of this Agreement, nor the failure to secure endorsements on the policies as may be necessary to carry out the terms and provisions of this Agreement shall be construed to limit or relieve the Subcontractor from any of its obligations under this agreement, including these insurance provisions. Subcontractor expressly agrees that in the event such insurance evidence is not received, or if Subcontractor fails to maintain any of the coverages required above, CB&I shall have the right but not the obligation to procure and maintain the insurance required for and in the name of the Subcontractor, and shall have the right to deduct the cost from amounts otherwise due Subcontractor, and Subcontractor will pay the cost thereof and shall furnish all necessary information to make effective and maintain such insurance. In the alternative, CB&I shall have the right to terminate this Subcontract and have the work performed or completed by another subcontractor and Subcontractor will be liable for any damages suffered by CB&I by reason of such actions.
Subcontractor shall give immediate notice to CB&I as well as to applicable Insurers of any occurrence which may result in a claim under any CB&I and/or Owner furnished insurance and Subcontractor shall furnish Insurers in a timely fashion all documentation required under the applicable policy in the settlement of any claim or action.