ADDENDUM 1 TO BID DOCUMENTS FOR ... - Port Canaveral

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PROJECT NAMEPUR-ITB-13-5/CN1-8-10-12-014Aoff site fabricators, material dealers, truckers, haulers, drivers and others who merely transport, pickup, deliver, orcarry materials, personnel, parts or equipment or any other items or persons to or from the site. All Contractors,and their Subcontractors with an Agreement with SPONSOR shall be included and shall enroll in the OCIP.SPONSOR reserves the right, in its sole discretion, to include or exclude any Contractor or Sub Subcontractor fromthe OCIP. Non‐enrolled Contractors shall comply with the requirements contained in this Section E of the OCIPManual titled “Contractor/Subcontractor Coverages”.OFFSITE OPERATIONSCoverage under the OCIP will only apply to those operations of insured parties at the site or sites in connectionwith the Work required by this Agreement. Off‐site operations will only be covered by the OCIP with the writtenapproval of the Project Administrator and if the off‐site operations are identified and are dedicated solely to theSite. It is the responsibility of the Contractor to notify the OCIP Administrator to obtain coverage for specified offsiteoperations. Coverage will not become effective for any off‐site operations until receipt by the Contractor ofwritten acknowledgment of coverage from the OCIP administrator.INSURANCE MANUALSponsor’s and Contractor's responsibilities under the OCIP are addressed in the Insurance Manual which is herebyincorporated by reference in this agreement and shall be considered a contract document. It is mandatory for theContractor to participate and enroll in the OCIP and comply with all administrative, insurance and otherrequirements outlined in the Insurance Manual or elsewhere in this Agreement. The failure of SPONSOR to includethe Manual in the bid documents shall not relieve Contractor of any of the obligations contained therein.Contractor shall be responsible for providing each Subcontractor of any tier with a copy of the Insurance Manualand requiring contractually that each Subcontractor comply with the provisions contained in the Insurance Manualand this Section of the contract.COOPERATIONContractor and all Subcontractors shall cooperate fully with the Sponsor OCIP Administrator and the OCIP Insurers.Contractor and its Subcontractors at all tiers agree to comply with the conditions of the insurance policies providedin the OCIP.PREMIUM COSTThe cost of premiums for the coverage provided by the OCIP shall be paid by SPONSOR. SPONSOR will receive andpay, as the case may be, all adjustments in these costs, whether by way of dividends, audits or otherwise.Contractor and its Subcontractors at all tiers will execute any instruments of assignment as may be necessary topermit SPONSOR receipt of these adjustments unless otherwise provided in this Agreement. The cost of any lossessustained because of clauses that specify deductible amounts in any of the insurance policies furnished by theSPONSOR, shall be allocated by the sponsor as provided in this agreement.INSURANCE BID CREDITSIt is agreed that Contractor will participate in the OCIP and that Contractor's compensation under this Agreementwill be adjusted to reflect a deduction or credit for Contractor and its Subcontractor's insurance or cost of risk* The summary of coverage is given solely as a general indication of policy limits. Each contractor/subcontractor will be required, bycontract, to rely upon their own independent review and analysis of the Program coverage, or the review and analysis by their insuranceagent, broker and/or attorney, in formulating any understanding and/or belief as to the amount, limits, nature, type or extent of anyProgram coverage and/or it’s possible applicability to any potential claim or loss.2012-10/436743 00 73 16 - 2 ADDENDUM #1
PROJECT NAMEPUR-ITB-13-5/CN1-8-10-12-014Aprovided by the OCIP. Contractor will be responsible for recovery of Insurance Credits from its Contractors/subcontractors.Contractors and Subcontractors of any tier will provide SPONSOR with an estimate of the Contractor'scosts for the insurance provided by the OCIP. Contractor/subcontractor shall complete the Insurance Worksheet(Form 1) of the Insurance Manual, located in the Insurance Manual, for each Contractor and Subcontractor. Thecompleted forms must be returned with the contract bid together with all other documentation required by theInsurance Manual or otherwise necessary to verify the insurance cost. Contractor shall, at all times, cooperatewith the OCIP Administrator and provide within ten (10) business days of the request, all requesteddocumentation, including but not limited to underwriting, payroll, rating and prior loss history information and anyother information requested. Failure to provide the requested information will result in a 3.5% reduction in theContractor/subcontractor’s bid amount and 3.5% of change orders based on the value of the OCIP Coverages tothe Contractor/Subcontractor. The Contractor represents the accuracy of the information used to calculate theinitial insurance costs contained in the bid and agrees that SPONSOR, the OCIP Administrator, and/or the OCIPInsurer may audit the Contractor's or any Subcontractor's records and insurance policies to confirm the accuracy ofany and all allowable insurance credits given in connection with the work, additional work, or scope changes underthe Agreement. Contractor will require all tiers of Subcontractors to do the same. Contractor further agrees thatSPONSOR is entitled to and may collect, from time to time, additional insurance credits resulting from any scopechange orders, additional work, and inaccurate assumptions in the initial credit, or from information discoveredduring the above‐mentioned audits which justify the taking of additional insurance credits.INSURANCE POLICY INFORMATIONIn order to verify the insurance cost estimate, Contractor and Subcontractor may be required to submit copies ofinsurance policy declarations and rate schedule pages and deductibles/self insured retentions, policies andinformation on self‐insured retention programs and documentation of the total cost of risk in any self‐insuredprogram, including five (5) year loss experience or actuarial studies. The Contractor further agrees that SPONSORreserves the right and is entitled to determine additional insurance costs involving the work on the part of theContractor and its Subcontractors. In the event the Contractor does not provide SPONSOR with informationsufficient to allow SPONSOR's verification of Contractor's OCIP insurance deduction, then SPONSOR mayindependently calculate an appropriate deduction based on undiscounted or "manual" rates or a flat 3.5% ofcontract value.INSURANCE AND INDEMNITYSPONSOR assumes no obligation to provide insurance other than that referred to in this Agreement and in theInsurance Manual. Contractor/subcontractors should with the assistance of counsel and it’s insurancerepresentatives, review the coverage, limits of liability and insurance policies to satisfy itself that the coveragemeets the needs of the Contractor and its Subcontractors. SPONSOR reserves the right to furnish other insurancecoverage of various types and limits provided that such coverage will not be less than that specified in thisAgreement. The furnishing of insurance by SPONSOR through the OCIP shall in no way relieve or limit or beconstrued to relieve or limit Contractor or any Subcontractor of any responsibility or obligation whatsoeverotherwise imposed by the contract, including any indemnity obligation which Contractor or any Subcontractorhas to SPONSOR pursuant to other sections of this Agreement. Contractor acknowledges that SPONSOR is not anagent, partner or guarantor of the OCIP insurance carriers and is not responsible for any claims or disputesbetween Contractor and the insurance carriers. Any type of insurance coverage or increase in limits not provided* The summary of coverage is given solely as a general indication of policy limits. Each contractor/subcontractor will be required, bycontract, to rely upon their own independent review and analysis of the Program coverage, or the review and analysis by their insuranceagent, broker and/or attorney, in formulating any understanding and/or belief as to the amount, limits, nature, type or extent of anyProgram coverage and/or it’s possible applicability to any potential claim or loss.2012-10/436743 00 73 16 - 3 ADDENDUM #1
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ADDENDUM 1 TO BID DOCUMENTS FOR ... - Port Canaveral

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