Specifications

New York State Office of General Services
Solicitation Number 1767 Integrated Facility Management
Page 41 of 54
iii. If autos are used for transporting hazardous materials, the Contractor shall provide
pollution liability broadened coverage for covered autos (endorsement CA 99 48) as well
as proof of MCS 90.
D. If providing professional services, the Contractor shall maintain, or if subcontracting
professional services, shall certify that Subcontractor maintain, errors and omissions liability
insurance with a limit of not less than $5,000,000 per loss.
i. Such insurance shall apply to professional errors, acts, or omissions arising out of the
scope of services covered by this Contract and, if the project involves abatement,
removal, repair, replacement, enclosure, encapsulation and/or disposal of any hazardous
material or substance, it may not exclude bodily injury, property damage, pollution or
asbestos related claims, testing, monitoring, measuring, or laboratory analyses.
ii. If coverage is written on a claims-made policy, the Contractor warrants that any
applicable retroactive date precedes the effective date of this Contract; and that
continuous coverage will be maintained, or an extended discovery period exercised, for a
period of not less than two years from the time work under this Contract is completed.
E. Waiver of Subrogation. Contractor shall cause to be included in each of its policies insuring
against loss, damage or destruction by fire or other insured casualty a waiver of the insurer‘s
right of subrogation against OGS, or, if such waiver is unobtainable (i) an express agreement
that such policy shall not be invalidated if Contractor waives or has waived before the casualty,
the right of recovery against OGS or (ii) any other form of permission for the release of OGS.
Contractor acknowledges that failure to obtain any or all required insurance on behalf of OGS
constitutes a material breach of contract and subjects it to liability for damages, indemnification
and all other legal remedies available to OGS. Contractor‘s failure to obtain and/or keep in
effect any or all required insurance shall also provide the basis for OGS‘ immediate termination
of any contract resulting from this RFP, subject only to a five (5) business day cure period. Any
termination by OGS under this section shall in no event constitute or be deemed a breach of
any contract resulting from this solicitation and no liability shall be incurred by or arise against
the Office of General Services, its agents and employees therefore for lost profits or any other
damages.
F. WORKERS‘ COMPENSATION / DISABILITY INSURANCE:
Prior to any contract resulting from this RFP becoming effective, Contractor must submit proof
that they have the workers‘ compensation and disability benefits coverage required by the New
York State Workers‘ Compensation Law, or proof that they are legally exempt from obtaining
such coverage. Proof of compliance must be demonstrated in accordance with the
requirements set forth by the New York State Workers‘ Compensation Board (An instruction
manual clarifying the Workers‘ Compensation Law requirements is available to download at the
Workers‘ Compensation Board‘s website, www.wcb.state.ny.us. Once you are on the website,
click on Employers/Businesses, then Business Permits/Licenses/Contracts; from there, click on
Instruction Manual for Businesses Obtaining Permits/Licenses/Contracts.) Contractor shall
notify the Office of General Services, RIFM Office, at least thirty (30) days prior to material
change or cancellation of such coverage.
If employees will be working on, near or over navigable waters, US Longshore and Harbor
Workers Compensation Act endorsement must be included.
All forms must name the Office of General Services – Financial Administration, 40th Floor,
Mayor Erastus Corning 2nd Tower, Empire State Plaza, Albany NY 12242, as the Entity
Requesting Proof of Coverage (Entity being listed as the Certificate Holder).‖