Clean Sweep Programs - US Environmental Protection Agency

Appendix III22. INDEPENDENT CONTRACTORThe Contractor shall perform as an independent entity under this agreement. The Contractor, its employees,agents and representatives are not employees of the State. No part of this agreement shall be construed torepresent the creation of an employer/employee relationship. The Department does not have the right to controlthe manner in which the work is completed or other details of the work except to the extent specified by thiscontract.23. INSURANCEA. General Requirements. Contractor shall, at its own expense, obtain and keep in force insurance untilcompletion of the contract. By March, 3, 1997, the Contractor shall furnish the Department certificatesof insurance and a certified copy of all required insurance policies. Failure to provide proof of insuranceas required will result in cancellation of the contract. All required insurance must be an occurrencepolicy which ensures coverage for the period of insurance even if the claim is made after the insuranceperiod, except for General Liability and Pollution Liability coverage that are written on a Claims Madeform and shall include die following:1. The “Retro Date” must be shown, and must be before the date of the Contract or thebeginning of Contract work.2. Insurance must be maintained and evidence of insurance must be provided for at least five (5)years after completion of the Contract, or earlier termination thereof.3. If coverage is canceled or non-renewed, and not replaced with another claims made policy formwith a “Retro Date” prior to the effective date of the Contract, the Contractor must purchase“extending reporting” coverage for a minimum of five (5) years after completion of contractwork.4. A copy of the claims reporting requirements must be submitted to the Department for review.B. Specific Requirements(1) Workers Compensation. The Contractor shall certify that its operations are covered by the [State]State Workers Compensation Fund, and provide the corresponding account numbers to the Departmentby March 4, 1997. If self-insured, Contractor shall provide proof of insurance including certificate ofqualification number.(2) Commercial General Liabilitya. Description- General Liability:Combined Bodily Injuryand Property DamageDescription- Automobile:Combined Bodily Injuryand Property DamageEach Occurrence Aggregate$5,000,000 $ 10,000,000Each Occurrence$1,000,000b. Insurance policy(ies) shall include the following provisions:1. The Contractor’s policy(ies) shall be primary over any other valid and collectibleinsurance.2. A thirty (30) calendar day written notice shall be given to the Department prior totermination of or my material changes to the policy(ies) as it relates to the contract: