SECTION 7
LEGAL RELATIONS AND RESPONSIBILITY
64
changed by the work or the scope of the work requires the Contractor to maintain
existing Roadway facilities and the claim arises from the Contractor's failure to
maintain. The Contractor's indemnity obligation shall extend to Claims arising
after the work is completed and accepted only if these Claims are directly related to
alleged acts or omissions of the Contractor which occurred during the course of the
work. No inspection by the Department, its employees or agents shall be deemed a
waiver by the Department of full compliance with the requirements of this section.
• The Contractor's obligation to defend and indemnify shall not be excused
because of the Contractor's inability to evaluate liability or because the Contractor
evaluates liability and determines that the Contractor is not liable to the claimant.
The Contractor will respond within 30 days to the tender of any claim for defense
and indemnity by the State, unless this time has been extended by the State. If the
Contractor fails to accept or reject a tender of defense and indemnity within 30
days, in addition to any other remedy authorized by law, so much of the money due
the Contractor under and by virtue of the contract as shall reasonably be considered
necessary by the Department, may be retained by the State until disposition has
been made of the claim or suit for damages, or until the Contractor accepts or
rejects the tender of defense, whichever occurs first.
• With respect to third party claims against the Contractor, the Contractor waives
any and all rights of any type to express or implied indemnity against the State, its
directors, officers, employees, or agents (excluding agents who are design
professionals).
7-1.12B Insurance
• Insurance shall conform to the following requirements:
7-1.12B(1) Casualty Insurance
• The Contractor shall, at the Contractor's expense, procure and maintain
insurance on all of its operations with companies acceptable to the Department as
follows. All insurance shall be kept in full force and effect from the beginning of
the work through final acceptance by the State. In addition, the Contractor shall
maintain completed operations coverage with a carrier acceptable to the
Department through the expiration of the patent deficiency in construction statute
of repose set forth in Section 337.1 of the Code of Civil Procedure.
7-1.12B(1)(a) Workers' Compensation and Employer's Liability Insurance
• Workers' Compensation insurance shall be provided as specified in Section
7-1.01A(6), "Workers' Compensation." Employer's Liability Insurance shall be
provided in amounts not less than:
(a) $1,000,000 for each accident for bodily injury by accident.
(b) $1,000,000 policy limit for bodily injury by disease.
(c) $1,000,000 for each employee for bodily injury by disease.
• If there is an exposure of injury to the Contractors' employees under the U.S.
Longshoremen's and Harbor Workers' Compensation Act, the Jones Act or under
laws, regulations or statutes applicable to maritime employees, coverage shall be
included for such injuries or claims.



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