06012023 - Attachment 3 Special Terms and Conditions.docx

ATTACHMENT 3 - SPECIAL TERMS AND CONDITIONS

Event 186RFQ2020xxxx Janitorial Services

INSURANCE:

Within five (5) business days of notification of award (or such other time as designated by the Purchasing Activity), the apparent successful bidder or offeror will provide certificates of insurance required herein and will maintain the insurance during the life of the Contract. There are no provisions for exceptions to this requirement. Failure to provide DOP the certificates of insurance within the five (5) business day period may be cause for your bid or proposal to be declared non-responsive or for your contract to be cancelled.

Contractor must carry liability and property damage insurance that will protect it and the State of Idaho from claims for damages for bodily injury, including accidental death, as well as for claims for property damages, which may arise from operations under the Contract whether such operations are by themselves or by anyone directly or indirectly employed by either of them.

Contractor must not commence work under the Contract until it obtains all insurance required under this provision and furnishes a certificate or other form showing proof of current coverage to the State. All insurance policies and certificates must be signed copies. After work commences, the Contractor will keep in force all required insurance until the contract is terminated.

1. Commercial General and Umbrella Liability Insurance. Contractor must maintain Commercial General Liability (CGL) and, if necessary, Commercial Umbrella insurance with a limit of not less than $1,000,000 each occurrence. If such CGL insurance contains a general aggregate limit, it shall apply separately to this Contract.

1.1. CGL insurance must be written on ISO occurrence form CG 00 01 (or a substitute form providing equivalent coverage) and must cover liability arising from premises, operations, independent contractors, products-completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract).

2. Commercial Automobile and Commercial Umbrella Liability Insurance. Contractor must maintain Commercial Automobile Liability and, if necessary, Commercial Umbrella Liability insurance with a limit of not less than $1,000,000 each accident. Such insurance must cover liability arising out of any auto (including owned, hired, and non-owned autos).

2.1 Bidder or offeror may request a waiver from providing Commercial Automobile and Commercial Umbrella Liability Insurance in its bid or proposal if the bidder or offeror will not use any owned, hired or non-owned vehicles to conduct business under the contract, if it is awarded the contract, and the State of Idaho will consider the request. If the bidder or offeror submits a request to waive the provision of Commercial Automobile and Commercial Umbrella Liability Insurance after the due date and time for receipt of bids or proposals, the State of Idaho may not consider the request.

3. Workers Compensation Insurance and Employer's Liability. Contractor must maintain workers compensation and employer's liability. The employer's liability must have limits not less than $500,000 each accident for bodily insurance by accident or $500,000 each employee for bodily injury by disease.

3.1 Contractor must provide either a certificate of workers compensation insurance issued by a surety licensed to write workers compensation insurance in the State of Idaho, as evidence that the contractor has in effect a current Idaho workers compensation insurance policy, or an extraterritorial certificate approved by the Idaho Industrial Commission from a state that has a current reciprocity agreement with the Idaho Industrial Commission.

4. State of Idaho as Additional Insured: The liability insurance coverage required for performance of the Contract must include the State of Idaho, the (agency) and its divisions, officers and employees as additional insured, but only with respect to the Contractor’s activities to be performed under this Contract.

4.1 The Contractor must provide proof of the State of Idaho, the (agency) and its divisions, officers and employees being additional insured by providing endorsements to the liability insurance policies showing the State of Idaho, the (agency) and its divisions, officers and employees as additional insured. The endorsements must also show the policy numbers and the policy effective dates.

4.2 If a liability insurance policy provides for automatically endorsing additional insured when required by contract, then, in that case, the Contractor must provide proof of the State of Idaho, the (agency) and its divisions, officers and employees being additional insured by providing copies of the policy pages that clearly identify the blanket endorsement.

5. Notice of Cancellation or Change: Contractor must ensure that should any of the above described policies be cancelled before the expiration date thereof, or if there is a material change, potential exhaustion of aggregate limits or intent not to renew insurance coverage(s), that written notice will be delivered to the Division of Purchasing (if the Contract was issued by the Division) or to the Purchasing Activity (contracting state agency) in accordance with the policy provisions.

6. Contractor must further ensure that all policies of insurance are endorsed to read that any failure to comply with the reporting provisions of this insurance, except for the potential exhaustion of aggregate limits, must not affect the coverage(s) provided to the State of Idaho, and its divisions, officers and employees.

7. Acceptable Insurers and Deductibles: Insurance coverage required under the Contract must be obtained from insurers rated A-VII or better in the latest Bests Rating Guide and in good standing and authorized to transact business in Idaho. The Contractor must be financially responsible for all deductibles, self-insured retention’s and/or self-insurance included hereunder. The coverage provided by such policy will be primary to any coverage of the State on or related to the contract and must provide that the insurance afforded applies separately to each insured against whom a claim is made, except with respect to the limitation of liability.

8. Waiver of Subrogation: All policies must contain waivers of subrogation. The Contractor waives all rights against the State and its officers, employees, and agents for recovery of damages to the extent these damages are covered by the required policies. Policies may contain deductibles, but such deductibles will not be deducted from any damages due to the State.

STATE LIABILITY:

The State is not responsible for Contractor losses on State property, or otherwise, caused by theft, mysterious disappearance of, or damage to equipment, supplies or other personal property of Contractor, its staff or Vendors.

CONTRACTOR STAFF AND EQUIPMENT:

Critical Incidents:

In the event that a member of the Contractor’s staff is involved in any event which causes, or has a reasonable likelihood of causing, financial liability to ISLD, loss or damage to property, or harm or death to a person, Contractor shall immediately suspend such staff person from work under the Agreement until such time as the Division approves the resumption of work under the Agreement by such staff person.

Contractor’s Staff:

The Contractor’s staff must conduct themselves in a professional manner. ISLD where services are provided may, in its sole discretion, require the Contractor reassign, or otherwise remove from performing services under the Agreement, any staff member or subcontractor reasonably found unacceptable to ISLD.

Health and Safety:

The Contractor is responsible for the health and safety protection of its employees in the performance of the Agreement. The Contractor’s staff must exercise precautions at all times for the protection of persons and property.