SUBCONTRACTOR TERMS AND CONDITIONS
As used herein, CONTRACTOR refers to Eden App and SUBCONTRACTOR refers to you, the person agreeing the terms and conditions herein.
SUBCONTRACTOR is to secure, pay for, and file with the CONTRACTOR, prior to commencing any Work under this Agreement, all Certificates for Workers’ Compensation, Commercial General Liability, and such other insurance coverages as may be required by specifications and addenda thereto, in at least the following minimum amounts with specification amounts to prevail if greater than minimum amounts indicated. Notwithstanding any other provision of the Agreement, the SUBCONTRACTOR shall provide the minimum limits of liability insurance coverage as follows:
Minimum limits of insurance required of SUBCONTRACTOR or their sub-SUBCONTRACTORs, which shall be provided by an acceptable insurance carrier with a minimum AM Best carrier rating of “A- VII”:
Commercial Automobile Liability – Including owned, hired, and non-owned automobile bodily injury and property damage liability in an amount of at least $1,000,000 combined single limit per accident.
- Commercial General Liability – Including Products & Completed Operations and without restriction or limitation of coverage for residential work, Personal & Advertising Injury, contractual liability, or Damage to Work Performed by Subcontractors, and in an amount of at least $1,000,000 per occurrence (Bodily Injury and Property Damage), $1,000,000 per person or organization (Personal and Advertising injury), $1,000,000 per project aggregate, and $1,000,000 Products and Completed Operations aggregate, and written on a standard ISO form or its equivalent.
- Professional Liability – If any professional services, including, but not limited to design and engineering, are rendered, SUBCONTRACTOR shall procure, maintain, and pay for Professional Liability insurance for negligent acts, errors, or omissions in an amount of at least $1,000,000 each claim, and $1,000,000 annual aggregate, and including coverage for economic loss. All insurance policies provided by SUBCONTRACTOR, its design consultants, and sub-SUBCONTRACTORS shall remove and/or specifically delete any design-build or similar exclusions that could compromise coverages because of the design-build nature of this Agreement.
- Workers’ Compensation Insurance – With statutory limits and Employers’ Liability of at least $500,000 each accident, $500,000 each employee for disease, and $500,000 per policy for disease, and in absence of any employees, on a minimum “if any” basis of payroll or subcontracts. If the Agreement requires working on or around a navigable waterway, if legally required to do so in order to be in compliance with Federal Statutes, the SUBCONTRACTOR shall secure United States Longshore and Harbor Workers (USL&H) coverage and/or coverage for Jones Act and evidence of coverage must be clearly shown on the Certificate of Insurance. Where SUBCONTRACTOR or a sub of SUBCONTRACTOR utilizes an employee leasing firm to provide workers’ compensation coverage, or hires Day Labor personnel from a Labor Pool Company, a roster of covered employees is required to be submitted with the Certificate from the leasing company. Any additional employees that are hired (and added to the coverage under the employee leasing company) after the Certificate is provided, shall be notified to the CONTRACTOR with an updated roster at all times. A Certificate of Insurance must be provided from the Day Labor company as well as a list of employees’ names and dates of work which shall be submitted no less than every 7 days beginning with the first day of use of Day Labor type personnel.
- Pollution Liability – If designated in the Agreement or if the Work includes any portion of i) Maintaining or installing irrigation systems or ii) spraying pesticide and/or herbicides, SUBCONTRACTOR shall procure, maintain, and pay for Pollution Liability insurance including contractual liability coverage. Such insurance shall have limits of not less than $1,000,000 each claim and $1,000,000 annual aggregate, and shall include coverage for Completed Operations. The policy shall include coverage for bodily injury, property damage, and clean-up costs. The definition of Pollutant and/or Pollution Condition shall include any form of fungus, including mold.
CONTRACTOR shall be named as an Additional Insured, utilizing an ISO standard endorsement, on a Primary and Non-Contributory basis on all policies, except Workers’ Compensation and Professional Liability. The General Liability policy shall name CONTRACTOR as an Additional Insured utilizing an ISO standard endorsement at least as broad as CG 2010 07 04 and CG 2037 0704, (policy or endorsement will include coverage for “your work”, including ongoing operations as well as Products & Completed Operations).
Insurance to be maintained as shown on the Certificate of Insurance during the entire duration of work being performed on behalf of CONTRACTOR and for the duration of the Statute of Repose in the applicable state. Certificates are to provide a minimum of 30 days’ notice of cancellation or alteration.
Prior to commencing any Work under this Agreement, SUBCONTRACTOR shall furnish original Certificates of Insurance and copies of all applicable endorsements evidencing the aforementioned coverages to the CONTRACTOR. Such Certificates shall include Waiver of Subrogation clauses in favor of CONTRACTOR on all policies, including the Workers Compensation. SUBCONTRACTOR will maintain the aforementioned General Liability, Professional Liability, Pollution Liability, and Umbrella Liability insurance with coverage continuing in full force, including the Additional Insured status, for the duration of the Statute of Repose in the applicable state contracted herein. CONTRACTORS’s insurance shall be excess over any coverage provided to them as an Additional Insured under said SUBCONTRACTORs Additional Insured Endorsement Naming the CONTRACTOR.
Notwithstanding any other provision of this Agreement, the SUBCONTRACTOR shall maintain complete workers’ compensation coverage for each and every employee, principal, officer, representative, or agent of the SUBCONTRACTOR who is performing any labor, services, or material under the Agreement.
SUBCONTRACTOR will comply with any and all safety regulations required by any agency or regulatory body including but not limited to OSHA. SUBCONTRACTOR will notify CONTRACTOR immediately by telephone at (866) 776 - 3336 any accident or injury to anyone that occurs on the jobsite and is related to any of the work being performed by the SUBCONTRACTOR.
To the fullest extent permitted by law, the SUBCONTRACTOR expressly agrees to indemnify, defend, and hold harmless the CONTRACTOR, PROJECT OWNER, ARCHITECT, ENGINEER, and their respective officers, directors, agents, and employees, herein called the “indemnitees”, from any and all liability for damages, including, if allowed by law, reasonable attorney’s fees and court costs, such legal expenses to include costs incurred in establishing the indemnification and other rights agreed to in this Paragraph, to persons or property caused in whole or in part by any act, omission, or default by the SUBCONTRACTOR or its sub-SUB CONTRACTORs, materialmen, or agents of any tier or their employees, arising out of this Agreement or its performance, including any such damages caused in whole or in part by any act, omission, or default of any indemnitee, but specifically excluding any claims of, or damages against an indemnitee resulting from such indemnitee’s gross negligence, or the willful, wanton or intentional misconduct of such indemnitee or for statutory violation or punitive damages except and to the extent the statutory violation or punitive damages are caused by or result from the acts or omissions of the SUBCONTRACTOR or its sub-SUBCONTRACTORs, materialmen, or agents of any tier or their respective employees. Provided however that any claim for indemnification for damages caused in whole or in part by any act, omission or default by indemnitee(s) shall be limited to the amount of SUBCONTRACTOR’s insurance or $1,000,000 per occurrence, whichever is greater. The parties acknowledge that the amount of the indemnity required hereunder bears a reasonable commercial relationship to this Agreement and it is part of the project specifications or the bid documents, if any.
The indemnification obligations under this Agreement shall not be restricted in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for the SUBCONTRACTOR under workers’ compensation acts, disability benefits acts, or other employee benefits acts, and shall extend to and include any actions brought by or in the name of any employee of the SUBCONTRACTOR or of any third party to whom SUBCONTRACTOR may subcontract a part or all of the Work. This indemnification shall continue beyond the date of completion of the work.