1-26-0116 BROKER SERVICES FOR EXCESS LIABILITY.pdf

Request for Proposal #26-0116

REQUEST FOR PROPOSAL NO. 26-0116

BROKER SERVICES

FOR

EXCESS LIABILITY INSURANCE

Louisville and Jefferson County

Metropolitan Sewer District

700 West Liberty Street

Louisville, Kentucky 40203-1911

Proposal Submittal Deadline:

January 16, 2026

No later than 2:00 p.m.

Issued December 1, 2025

Teresa Burton Senior Buyer

TABLE OF CONTENTS

Request for Proposal

Check List for Request For Proposal (RFP):

1. Introduction

2. Overview of MSD

3. Procurement Process

4. Terms and Conditions

5. Special Provisions

6. Scope of Services

7. Submission Requirements

8. Evaluation of Respondents

9. Additional Information

Price Proposal

Consultant Questionnaire

Campaign Finance Affidavit

References

Appendix A

Appendix B

Appendix C

Appendix D

Appendix E

REQUEST FOR PROPOSAL

Proposals will be accepted by the Louisville and Jefferson County Metropolitan Sewer District until 2:00 PM, local time, January 16, 2026. The bid opening will be via teleconference call at 502-654-8113 (Dial-in Number) Conference ID: 763 682 273#. MSD is using a web-based portal for accepting and evaluating bid proposals digitally https://louisvillemsd.bonfirehub.com/portal for this Invitation to Bid.

Documents may be uploaded at any time during the open period indicated for each proposal.

BROKER SERVICES FOR EXCESS LIABILITY

Proposal forms, including Specifications and Instructions for Bidders, may be obtained from MSD’s designated web portal at https://louisvillemsd.bonfirehub.com/portal

LOUISVILLE & JEFFERSON COUNTY

METROPOLITAN SEWER DISTRICT

RENE' LINDSAY

CHIEF PROCUREMENT OFFICER

https://louisvillemsd.bonfirehub.com/portal

Check List for Request for Proposal (RFP):

Respondent shall digitally submit all required documents as listed below through the MSD web-based portal. Failure to upload and submit the Proposal by the date and time stipulated herein may result in disqualification of the Proposal.

o Cost Proposal o Contractor Questionnaire (must be signed) o Resident Bidder Affidavit (signed and notarized) o Campaign Finance Affidavit (signed and notarized) o Reference Sheet (completed in its entirety) o Certificate of Insurance (documentation from insurance provider showing ability to gain required coverage is acceptable prior to award) o Kentucky Secretary of State Organization Number o Addendum (must be signed)

If checked, the MSD Information Security Agreement (“ISA”) attached is incorporated into this

Agreement. If unchecked, the Parties may choose subsequently to execute the ISA, and in such event, the ISA shall be incorporated herein.

Failure to submit all required documents, entirely completed, signed and/or notarized, may result in your Proposal being deemed non-responsive and rejected, without any further evaluation.

**Documents requiring signature must be provided by respondent as an original within one (1) calendar day of opening date. Original must mirror electronic submission in all aspects or submittal will be considered non-responsive and disqualified from consideration. Failure to provide signed original documents within one (1) calendar day of bid opening date may result in disqualification of respondent. Documents submitted shall be mailed to MSD with the outside marked as follows:

BROKER SERVICES FOR EXCESS LIABILITY

RFP FOR

LOUISVILLE AND JEFFERSON COUNTY

METROPOLITAN SEWER DISTRICT

ATTENTION: TERESA BURTON

700 WEST LIBERTY STREET

LOUISVILLE, KY 40203-1911

1. INTRODUCTION

The Louisville and Jefferson County Metropolitan Sewer District (“MSD”) is requesting Proposals from qualified firms who can provide Broker Services for Excess Liability Insurance.

Firms interested in providing this service to MSD must prepare and submit a response in accordance with the submission requirements and procurement schedule in this RFP.

2. OVERVIEW OF MSD

MSD is a public body corporate and political subdivision organized and operating pursuant to Chapter 76 of the Kentucky Revised Statutes. It is a special district formed for the express purpose of providing adequate sewer and drainage facilities to Metro Louisville.

MSD operates and maintains a collections, transmission and treatment system that include approximately 3,330 miles of sewer lines, 259 sanitary pump stations, 5 regional water quality treatment plants and thousands of sanitary and combined sewer manholes and catch basins. MSD’s system serves more than 250,000 homes, businesses and industries in a service area consisting of approximately 385 square miles.

MSD also maintains and operates the stormwater drainage and Ohio River flood protection systems within Metro Louisville. Since 1987, MSD has been responsible for the construction, repair and maintenance of storm sewers, drain swales, ditches and channels and for the maintenance and repair of 25 miles of earthen levees, 16 flood pumping stations and 4.5 miles of reinforced concrete floodwalls.

MSD is managed by an eight-member board whose members are appointed by the Louisville Metro Mayor with the approval of Louisville’s Metro Council. All appointments are for a three-year term. Louisville Metro’s Mayor also appoints MSD’s Executive Director, Chief Engineer and Secretary/Treasurer. MSD’s Executive Director manages the day-to-day operations of the agency supported by administrative, engineering, legal and business staff. MSD’s total workforce consists of approximately 800 employees.

MSD has $2.4 billion in outstanding Sewer and Drainage Revenue Bonds. The bonds are secured by and payable solely from pledged revenues derived from the collection of rates, rents and charges for the services rendered by MSD as set forth in its Bond Resolution. The bonds do not constitute indebtedness of the Louisville/Jefferson County Metro Government or the County of Jefferson, Kentucky. The current ratings on the Revenue Bonds are AA3 positive and AA stable by Moody’s Investor Service and S&P Global, respectively.

Financial documents relating to MSD can be found in MSD’s Annual Comprehensive Financial Report (ACFR) located at http://www.louisvillemsd.org/financial.

3. PROCUREMENT PROCESS

The selection of a qualified firm through the RFP process is governed by the Louisville and Jefferson County Metropolitan Sewer District Procurement Regulations, which are modeled after Kentucky Revised Statutes 45A.345 to 45A.460.

3.1 PROCUREMENT SCHEDULE

The RFP process commences upon the issuance of this RFP. The following is the proposed schedule of the major milestones in the RFP process. MSD reserves the right to modify the schedule, as needed, based upon unforeseen events or organizational need.

Procurement Schedule

The RFP process commences upon the issuance of this RFP. The steps involved in the procurement process and the anticipated milestone dates are as follows:

Procurement Activity Date

Issuance of RFP December 1, 2025 Deadline for Submittal of Questions December 15, 2025 Estimated Issuance of Addendum to Questions December 29, 2025 Deadline for RFP Submittals January 16, 2026 Estimated Contract Award Date February 9, 2026 Estimated Contract Start Date April 30, 2026

The contents of the proposal submitted by the successful firm, this RFP (including general and special terms and conditions) and all modifications made thereto, will become part of any contract awarded as a result of this solicitation. The successful firm will be required to sign a contract with MSD.

3.2 ISSUANCE OF RFP

This RFP may be obtained from MSD’s designated web portal at https://louisvillemsd.bonfirehub.com/portal.

3.3 PROPOSAL SUBMITTAL

The deadline for responding to and submitting a proposal for this RFP is January 16, 2026 at 2:00 PM, local time. Acceptance of submissions will cease exactly on the submission deadline noted above.

Proposals received after the exact time specified shall be rejected. MSD is not responsible for lateness. All Proposals submitted timely shall become the property of MSD. All Proposals, including Cost Proposals, must be received no later than the response deadline.

Submit each Bid through MSD’s web-based portal digitally at https://Louisvillemsd.bonfirehub.com/portal.

Documents may be uploaded at any time during the open period for the bid. No bids shall be accepted outside of the authorized designated MSD web-based portal. If you have any technical questions related to your bid submission, please contact Bonfire at Support@GoBonfire.com, or visit their help forum at https://customer.eunasolutions.com/public/s/. Proposals will not be accepted by facsimile transmission or by e-mail, and no more than one Proposal from any Respondent will be considered

The Proposal package shall include, but is not limited to the following:

• Cost Proposal

• Contractor Questionnaire (must be signed)

• Resident Bidder Affidavit (signed and notarized)

• Campaign Finance Affidavit (signed and notarized)

• Reference Sheet (completed in its entirety)

• Certificate of Insurance

• Kentucky Secretary of State Organization Number

• Addendum (must be signed)

Failure to submit all required documents, entirely completed, signed and/or notarized, may result in your Proposal being deemed non-responsive and rejected, without any further evaluation.

https://louisvillemsd.bonfirehub.com/portal https://louisvillewater.bonfirehub.com/portal mailto:Support@GoBonfire.com https://customer.eunasolutions.com/public/s/

**Documents requiring signature must be provided by Respondent as an original within 1 calendar day of opening date. Original must mirror electronic submission in all aspects or submittal will be considered non-responsive and disqualified from consideration. Failure to provide signed original documents within 1 calendar day of opening date may result in disqualification of Respondent.

Documents submitted shall be placed inside an envelope and the outside marked as follow:

BROKER SERVICES FOR EXCESS LIABILITY

BID FOR

LOUISVILLE AND JEFFERSON COUNTY

METROPOLITAN SEWER DISTRICT

ATTENTION: TERESA BURTON

700 W. LIBERTY STREET

LOUISVILLE, KY 40203

3.4 ADDENDA AND AMENDMENTS TO RFP

MSD reserves the right to change any aspect of the RFP and may issue addenda, amendments, or answers to written inquiries. All such addenda, amendments, or answers will be posted and issued on MSD’s web-based portal at https://louisvillemsd.bonfirehub.com/portal and shall constitute a part of this RFP. Firms are encouraged to view the listed website regularly for any issued addenda, as it is the responsibility of the Firm to obtain the same and to acknowledge receipt of the same. Only questions answered by addenda will be binding.

3.5 INQUIRIES

Once the RFP is issued, all inquiries relating to this procurement must be submitted via MSD’s web-based portal at https://Louisvillemsd.bonfirehub.com/portal.. Phone inquiries will not be accepted. Respondents must not contact any other MSD representative for information and/or to inquire about the status of this procurement.

Inquires must be received no later than 10:00 A.M. Local Time, December 15, 2025. Questions received after that deadline will not be answered.

Questions will be answered by an addendum only and posted to MSD’s web-based portal.

3.6 AWARD

There will be no “formal” proposal opening for this RFP. Proposals will be opened and evaluated by MSD staff only after the published proposal deadline listed herein.

MSD anticipates award to the Respondent who submits the Proposal determined by MSD to be the most advantageous to MSD.

• Proposals will be evaluated by a committee and will be ranked in accordance with the RFP. The committee will recommend award to the Respondent who attains the highest overall point score based on its evaluation of the RFP criteria. An award will not necessarily be made to the Respondent with the lowest price.

• The fee schedule submitted in the Proposals shall be firm. However, MSD reserves the right to negotiate a "best and final" price/proposed budget with the highest-ranked Respondent.

• Terms, conditions, methodology, or other features of the Respondent's proposal may be subject to negotiation and subsequent revision.

• The mandatory requirements of the RFP shall not be negotiable unless MSD determines that a change is in the best interest of MSD.

• The Respondent understands that this RFP does not constitute an agreement or a contract with the Respondent. There is no binding agreement or contract until Proposals are reviewed and accepted by appointed staff, a Professional Services Agreement is negotiated, terms are approved by the appropriate level of authority within MSD, and a Professional Services Agreement is executed by MSD and the awarded Respondent. A Sample Professional Services Agreement is attached to this RFP as Appendix E. MSD anticipates that the final agreement will be in substantial conformance with the Sample Professional Services Agreement; nevertheless, Respondents are advised that any agreement which results from this RFP may deviate from the Sample Professional Services Agreement.

3.7 CONTRACT AWARD

The Contract will be awarded to the Respondent receiving the highest evaluated point total based on the criteria listed herein. The contract award is subject to the approval of the Board of MSD. MSD reserves the right to reject any or all Proposals or waive any informality in any Bid.

3.8 AWARD NOTIFICATION

Bid results are not provided in response to telephone inquiries. Respondents are not to call the Purchasing Department for a tabulation of bids. A formal bid tabulation will be posted to MSD’s website at (https://Louisvillemsd.bonfirehub.com/portal) after MSD has taken official action. Any respondent challenging the award of a bid shall do so in writing within three (3) days of the contract award by MSD.

3.9 CONTRACT

The Broker Services for Excess Liability Insurance Agreement, when dated and executed by an MSD authorized personnel and the successful Respondent, shall be construed as the entire contractual agreement between the parties and shall be deemed to include, by reference, the Request for Proposal, Instructions to Respondents, Proposal, Terms and Conditions, Specifications, and any duly authorized addenda issued by MSD.

3.10 CONTRACT USAGE

There is no guarantee of work. Services will be required on an as-needed basis.

3.11 COOPERATIVE PURCHASING AGREEMENT

The following entities may also purchase from this Bid: Louisville and Jefferson County Metropolitan Government, Louisville Water Company, Louisville Regional Airport Authority, University of Louisville, Jefferson County Public Schools a/k/a Jefferson County Board of Education, and the Transit Authority of River City a/k/a TARC. Some of these entities may have adopted the Model Procurement Code or the Kentucky Bid Law. The Respondent will be required to meet any prequalification requirements of each entity. The Respondent is required to enter into a separate agreement with each entity for any purchases by the other entities from this proposal.

3.12 FIRM PRICING

Except as otherwise instructed, bid prices shall remain firm for the duration of each contract term.

3.13 MATERIALS, COMMODITIES AND SERVICES CONTRACTS - MSD shall identify and advertise its materials, commodities and services contracts. Eligible certified MBE and WBE businesses are encouraged to bid as an MSD prime. See MSD Bid Discounts section below.

The definition for materials, commodities and services is outlined below:

https://louisvillewater.bonfirehub.com/portal

Materials, Commodities and Services – means all personal property and/or products including, but not limited to, goods, equipment, fuel, leases on real property, printing, and insurance and necessarily associated non-professional services.

3.14 MSD Bid Discounts – APPLIES TO MSD PRIME CONTRACTS. In accordance with the MSD Supplier Diversity Program, MSD has adopted Bid Discounts on Materials, Commodities and Services prime contracts only, effective January 1, 2025. When materials, commodities and services contracts estimated at $500,000 or less are bid, a 10% bid discount shall be assigned during the price evaluation on bids submitted by eligible MBEs and WBEs that bid as a prime CONTRACTOR. The maximum discount will not exceed $50,000.

As determined in the MSD Disparity Study (Study), the MBE and WBE groups eligible for the bid discount are listed below:

Industry: Eligible Groups:

Materials, Commodities and Services African Americans Caucasian Females

3.15 TAXES

In accordance with KRS 76.210, MSD is exempt from paying Kentucky Sales and Use Tax. Do not add Sales Tax as a separate line item to your price proposal.

3.16 RIGHTS RESERVED

• All materials submitted to MSD in response to this RFP become the property of MSD, which reserves the right at its sole discretion, to use, without limitation, any and all information, concepts, and data contained therein.

• MSD reserves the right to reject any and all submittals, to waive any informality or irregularity in any response, and to make an award to the Respondent(s) deemed, in the sole discretion of MSD, to be the most suitable to MSD.

• This RFP does not commit MSD to award a contract to any Respondent, or to pay any cost incurred in preparation of materials filed in response to this RFP.

• This RFP does not commit MSD to accept Proposals except as set forth in this RFP.

• MSD reserves the right to negotiate with any Respondent, to award multiple contracts or portions of the specified services, or to cancel in part or in its entirety this RFP, if it is deemed, in the sole discretion, to be in the best interest of MSD.

3.17 PAYMENT

Payment will be made within 30 days after receipt of each invoice, but only after receipt, inspection and final approval by MSD. Invoices should be emailed to accountspayable@louisvillemsd.org and/or ap2@louisvillemsd.org. Invoice inquiries should be sent to apinquiries@louisvillemsd.org.

3.18 BUSINESS PROPOSAL REQUIREMENTS

• The successful firm shall meet or exceed all requirements contained herein. The proposal response is limited to 40 pages, not including a cover letter, table of contents, tab separators, resumés, or any forms required by MSD.

mailto:accountspayable@louisvillemsd.org mailto:ap2@louisvillemsd.org mailto:apinquiries@louisvillemsd.org

• All pages of the proposal must be numbered consecutively. A cover letter, if used, shall be no more than one page. The business proposal must contain the required information and be organized under the specific section titles listed below.

• The RFP should be concise, well-organized and demonstrate the Respondent’s qualifications and applicable experience. The font size on all submitted materials shall be equivalent to Times New Roman 12 point or larger.

• MSD reserves the right to reject any and all submittals and issue subsequent RFPs. It is to be understood and agreed by the Respondent that This RFP does not obligate MSD to pay any costs incurred by the Respondent in the preparation and submission of an RFP, or a proposal or oral interview, if completed.

4. TERMS AND CONDITIONS

4.1 ACCEPTANCE - ENTIRE AGREEMENT - Your acceptance of this offer to purchase by acknowledgment, shipment, or service rendered shall be unqualified, unconditional and subject to and expressly limited to the Terms and Conditions stated herein. MSD shall not be bound by any additional provisions or by provisions at variance that may appear in any quotation, previous offer, acknowledgment, invoice or other communication from Respondent to MSD unless such provision is expressly agreed to in writing and signed by an authorized representative from MSD. Our acceptance of or payment for material shipped or services provided shall constitute acceptance of same subject to the provisions hereof only and shall not constitute acceptance of any counter-proposal submitted by you not otherwise accepted in writing and signed by an authorized representative from MSD. Upon acceptance, the terms of this agreement shall constitute the entire agreement between us and may not be modified or rescinded except in writing and signed by an authorized representative from MSD.

Notwithstanding the foregoing, if a valid Master Agreement or Contract exists between us covering the terms ordered hereby, the Terms and Conditions of such Master Agreement or Contract shall govern.

4.2 CONTRACT TERM

• If selected to provide services, the successful Respondent shall be required to execute a formal contract with MSD. The term of the contract shall be for a period of one (1) year from the date of award and may be renewed by MSD for no more than four (4) successive twelve-month periods. The contract shall not bind, nor purport to bind, MSD for any contractual commitment in excess of the original contract period.

In the event MSD exercises its right of renewal, all terms and conditions, requirements and specifications of the contract, including prices, shall remain the same and apply during the renewal period.

• MSD has the right, in its sole discretion and for whatever reason, to renew the contract by giving notice in writing to the Contractor by U.S. Mail, electronic mail, or facsimile not less than sixty (60) days in advance of the end of the twelve-month contract period (“Notice of Renewal Letter”).

• Within fifteen (15) days of the date of the Notice of Renewal Letter by MSD, the Contractor must give notice to MSD, in writing by U.S. Mail, electronic mail, or facsimile to the MSD agent designated within this Contract to receive Notice, stating its acceptance to renew the Contract based upon the terms and conditions described herein. An individual renewal term shall not exceed twelve months. The ability for the Parties to renew may only occur four (4) times after the initial twelve-month period of the contract, unless terminated by MSD sooner.

• If the Contractor gives notice of acceptance of renewal of the contract under the provisions of this section and in such notice demands additional compensation for services to be rendered, MSD and the Contractor may negotiate to adjust the contract price once per year to account for changes in labor and material costs, provided however, the adjusted contract price shall not exceed the following the contract sum payable during the twelve month term immediately prior to the renewal term plus that amount multiplied by the percentage change found in the annualized measurement of the U.S. Consumer Price Index (CPI) or Producer Price Index (PPI) as calculated by the Bureau of Labor Statistics for the twelve month annual period immediately preceding the year in which the renewal is negotiated. MSD has sole and exclusive authority to determine the price index to be used within the CPI or PPI and the calculation procedure, which necessarily includes choosing which of the categories and groupings of the indexes that are published monthly, will be used by MSD to calculate the price increase.

• If the Contractor fails to accept the renewal within fifteen (15) days of the date of the Notice of Renewal Letter, MSD has the right, but not the obligation, to either renew this Contract for an additional twelve-month term without any monetary adjustment to the base year contract sum or terminate this Contract and rebid said commodities, supplies and/or services that are the subject of this Contract.

4.3 ASSIGNMENT

This Contract shall not be assigned, in whole or in part, without the prior written consent of MSD’s Legal Counsel and shall be binding upon the successors and assignees of the parties hereto.

4.4 COMPLIANCE WITH LAWS – The Respondent warrants that, where applicable, the materials, services, and articles of this Agreement shall be produced and performed in compliance with:

a. The Fair Labor Standards Act of 1938, as amended, and of the regulations and orders of the U. S.

Department of Labor as well as Kentucky wage and hour laws and regulations as set forth in Kentucky Revised Statutes Chapter 337 and Kentucky Administrative Regulations Title 803.

b. Federal and State Occupational Safety and Health Law.

c. Kentucky workers compensation laws and regulations as set forth in Kentucky Revised Statute Chapter

d. All relevant Federal and State Affirmative Action statutes and regulations up to and including Executive

Order 12086, Executive Order 11246 and CFR, Title 41, 60-1, 60-2, 60-250, 60-741.

e. All Federal, State and Local environmental laws and regulations.

4.5 TERMINATION OF CONTRACT

This Contract may be terminated in whole or in part at any time by MSD with or without cause by giving at least thirty-(30) days advance written notice to the Contractor. In such event, MSD will be obligated to pay for the services rendered and materials received that met Contract specifications prior to the effective date of termination, but shall have no further obligation under this Contract.

4.6 TERMINATION WITH CAUSE

MSD reserves the right to terminate this Contract partially or entirely, in the event materials or work specified fail to conform to the requirements of this Bid and any Contract awarded as a result of this RFP.

4.7 TERMINATION FOR CONVENIENCE

MSD reserves the right to terminate this Contract partially or entirely, without cause, and to make changes to the specifications or requirements. Upon MSD request, the Contractor shall immediately suspend work.

Any losses or damages resulting from such cancellations or suspensions shall be equitably adjusted between MSD and the Contractor and this Contract modified accordingly.

4.8 INSURANCE

If this agreement covers the performance of labor or services anywhere on MSD property, the Respondent shall procure and maintain, and shall require each of his Subcontractors to procure and maintain, until the completion of this Agreement, insurance of the types and in the amounts specified below unless agreed to by MSD to require more or less coverage, depending on the scope of work to be performed. It shall also be the responsibility of the Respondent to ensure its Subcontractor's compliance with all of the insurance requirements contained herein. The types and amounts of insurance required are as follows (unless otherwise approved by MSD):

a. Workers' Compensation coverage in accordance with the Commonwealth of Kentucky Statutes governing such insurance. Employer's Liability in a minimum amount of $100,000 for each accident, $100,000 disease-each employee and $500,000 Disease-Policy Limit.

b. General Liability should include Contractual Liability and Completed Operations coverage, $1,000,000 for each occurrence and $2,000,000 for General Aggregate. Additionally, for property damage, the limit of $1,000,000 per occurrence will apply. If your product or service is designed, intended and used underground in MSD’s sewer system, you shall remove the Explosion, Collapse and Underground (XCU) General Liability exclusion and provide the Broad Form property damage coverage endorsement.

c. Automobile Liability should have limits of not less than $1,000,000 Combined Single Limit or Bodily Injury of $1,000,000 per person, $2,000,000 per accident and $1,000,000 property damage covering any motor vehicle owned, hired, or non-owned by the Seller.

d. Excess Liability or Umbrella insurance providing additional protection with the limit of $2,000,000 for each occurrence and General Aggregate of $2,000,000.

All policies shall provide that MSD will be notified of cancellation, except for cancellation for non-payment of premium, or restrictive amendments at least thirty (30) days prior to the effective date of such cancellation or amendment. Ten (10) days prior notice of cancellation for non-payment of premium will be required. Certificates of Insurance stating the limits of liability and expiration date shall be filed in triplicate with MSD before operations are begun. Such certificates shall name the types of policies provided.

You must include the following as Additional Insured and typed on each Certificate of Insurance:

Louisville and Jefferson County Metropolitan Sewer District 700 West Liberty Street

Louisville, KY 40203-1911

4.9 INDEMNIFICATION

The Respondent agrees to indemnify and hold harmless MSD, its officers, directors, and employees from any claims, losses, damages, expenses, or liabilities of any kind or nature whatsoever, arising or alleged to have arisen in part, out of or in consequence of the work performed under this Agreement, which they may incur or sustain by reason of an act or omission of the Respondent or any employee of the Respondent and any injury suffered by an employee of the Respondent, including, but not limited to, personal injury (including death resulting therefrom), property damage, libel and slander, embezzlement, larceny, and dishonesty, except from and against all losses, damages, expense, etc., as set forth hereinabove, arising out of the negligence of MSD, its officers, directors and employees. The Respondent will bear any expense of defending any action which may be brought against MSD, its officers, directors, and employees, alone or along with the Respondent or others, and upon request of MSD, shall assume the defense of such action or any proceeding and will pay any judgment or claim established against or cost or expense incurred by MSD, its officers, Directors, and employees arising from any causes hereinabove set forth.

5. SPECIAL PROVISIONS

(A) The successful Respondent shall be required to execute a Professional Services Agreement with MSD and adhere to the terms and conditions set herein. See the “Sample Professional Services Agreement”, Appendix E, of this bid document. The terms and conditions are subject to modification by MSD.

(B) Proposal Format: In order for MSD to accurately compare quotations, rates must be entered on the Proposal Form located at https://louisvillemsd.bonfirehub.com/portal.

(C) Contract Execution: The winning respondent shall provide an actual service agreement and procedural binders to MSD before commencement of the contract.

6. SCOPE OF SERVICES

MSD’s objective is to identify firms that can provide broker services to find the Excess Liability Insurance that most closely matches MSD’s business requirements for both product features and service levels, as indicated in this document and any addenda issued via MSD’s bid website at https://Louisvillemsd.bonfirehub.com/portal.

6.1 General Specifications

MSD is a member of the Louisville Area Governmental Self Insurance Trust (LAGIT). LAGIT was formed on December 23, 1986, in response to increasing commercial insurance liability coverage costs. It is a state certified self-insurance pooling mechanism for governmental entities in Jefferson County, Kentucky.

Coverage offered to members includes general liability, public official’s liability (including employment practices liability and discrimination coverage), auto liability, medical professional liability, law enforcement liability, employers’ liability and underground storage tank pollution liability. LAGIT currently has excess liability insurance coverage through Safety National Insurance Company and Cyber Property and Liability coverage through Chubb Insurance Company. LAGIT members include Louisville-Jefferson County Metro Government, Transit Authority of River City (TARC), MSD, Louisville Metro Housing Authority, Louisville Science Center, Louisville-Jefferson County Redevelopment Authority, the Jefferson County Clerk, the One Water Board and the cities of Bancroft, Green Spring, Thornhill, Strathmoor Village, Bellemeade and Norwood.

MSD is also a member of the Louisville Area Governmental General Insurance Trust (LAGGIT). LAGGIT was created in September 2002 in response to the property insurance crisis occurring in the commercial marketplace. Louisville Metro’s insurance had been cancelled, and competitive bids were unresponsive.

LAGGIT provides a comprehensive contract designed to provide property damage protection for all major perils, including flood and earthquake. Currently LAGGIT has excess coverage through FM Global Insurance Company. LAGGIT Members include Louisville-Jefferson County Metro Government, Transit Authority of River City (TARC), MSD, Louisville Metro Housing Authority, and Louisville Science Center.

MSD has used an insurance broker since 2017 to secure up to $20 million in excess liability insurance. See supplemental document for details on MSD’s existing coverage.

6.2 Scope of Work

A. Risk Assessment and Program Design

1. Conduct a detailed review of MSD’s business operations to understand the unique risks and liability exposures for a 3-in-1 utility responsible for wastewater, stormwater, and flood protection services.

2. Analyze the primary layer of liability coverage under LAGIT and LAGGIT to identify any gaps and establish the necessary form for excess coverage.

3. Review MSD’s loss history to determine liability trends and any potential needs for policy adjustments.

4. Consult with MSD regarding liability risks and indemnification provisions.

5. Provide data-driven recommendations on the appropriate excess liability limits and self-insured retentions based on industry benchmarks and MSD’s risk profile.

6. Secure liability coverage to extend the existing amounts of self-insurance under LAGIT and

LAGGIT to protect MSD from catastrophic losses.

B. Market Strategy and Placement Services

1. Create a market strategy to approach suitable insurance carriers in both the admitted and excess surplus markets.

2. Ensure potential carrier(s) maintain a financial strength rating of excellent (A, A-) or superior

(A++, A+) with A.M. Best.

3. Assist MSD with completing and submitting applications to potential insurers.

4. Prepare and submit a comprehensive underwriting packet that clearly and accurately presents

MSD’s risk to potential insurers.

5. Negotiate with underwriters to secure optimal terms, conditions, and pricing.

6. Review, summarize, and present a proposal with all quotes received from potential carriers with a clear analysis of costs and coverage differences.

C. Policy Administration and Management

1. Consult with MSD to finalize policy selection and bind the excess liability coverage with the chosen carrier(s).

2. Review all policy documents for accuracy against bound terms and provide copies to MSD for record-keeping.

3. Assist with the issuance of excess liability certificates of insurance as requested by MSD.

4. Prior to the expiration of the policy term, conduct a renewal process which includes reviewing coverage needs, surveying the market for competitive options, and negotiating terms for the new policy period.

D. Claims and Risk Management

1. Advocate for MSD to facilitate communication and a smooth process between MSD and the selected carrier(s) in the event of a catastrophic loss.

2. Provide guidance on proper claims reporting procedures that may involve the excess policy.

3. Assist with obtaining funds from insurance carrier(s) in the event of a settlement/judgment.

4. Provide ongoing advice on risk management best practices to help MSD mitigate high impact risks that could trigger the excess policy.

5. Keep MSD informed of any changes in the insurance market, emerging risks, or shifts in legal liability that may affect excess coverage and/or negatively impact the program.

6.3 Proposal Evaluation

The selection of qualified Respondents is governed by MSD's Procurement Regulations, which are modeled after KRS 45A.345 to 45A.460, pursuant to which selection will be performed by a Procurement Committee. A Procurement Committee consisting of members of MSD’s Finance and Legal divisions will review and evaluate all Proposals based on the information supplied in response to this RFP and will utilize the criteria specified herein.

7. SUBMISSION REQUIREMENTS

The successful firm shall meet or exceed all requirements contained herein. Tabs should be used to separate sections of the proposal response. The proposal response is limited to no more than 20 pages, not including a cover letter, table of contents, tab separators, resumes, or any other forms required by MSD.

All pages of the proposal must be numbered consecutively. A cover letter, if used, shall be no more than one page.

The business proposal must contain the required information and be organized under the specific section titles listed below.

7.1 Executive Summary

The Executive Summary (maximum of two pages) must be in the form of a letter highlighting the key attributes of your proposal and addressing the following topics:

1. The firm’s corporate name, physical address, contact person’s name, telephone number and email address.

2. Statement confirming understanding of the requested scope of services.

3. Statement as to whether the firm intends to subcontract for any of the services (if applicable).

4. Statement as to whether the firm has been in bankruptcy, reorganization or receivership in the last five (5) years.

5. Statement that the firm’s proposal shall remain valid for 120 days after the closing date of the receipt of proposals.

6. Representation and warranty to MSD that all information provided in the response is true, correct and complete.

7. Original signature of a principal, partner or officer of the firm who is legally authorized to commit to the organization contractually.

7.2 Qualifications

The purpose of the Qualifications section is to determine the ability of the Respondent to provide the outlined services in response to this RFP. Respondent must describe each of the qualifications listed below.

1. Provide the address, telephone, and fax number of the service office that will provide brokerage services and a brief narrative describing the history of your company. Identify the number of employees in your company and the ownership of the company.

2. State whether the company has ever filed for bankruptcy, been in loan default, or if there are any pending liens, claims or lawsuits against the company. If so, please describe in detail.

3. Provide the name, title and experience of the person who will be the service representative for the MSD account. Please include position descriptions of those who will be performing significant activities on behalf of MSD.

4. Provide copies of the applicable Kentucky General Lines Consultant’s License and/or Agent’s License for each person performing services for MSD in Kentucky.

7.3 Presentation on Scope of Work

Respondents should prepare a written Proposal for Services based on the Scope of Work provided in Section 6 herein. Proposals should clearly demonstrate an understanding of the Scope of Services and should reflect the firm's ability to perform the work requested. Include the following:

1. Describe capabilities of the Respondent to provide services and complete the Scope of Work.

Provide a description of the types of services offered.

2. Identify the Respondents’ proposed strategic approach to project implementation. Identify how the

Respondent communicates and presents work to clients.

3. Describe the ability of the Respondent to successfully and timely complete the work. Provide a timeline for implementation of the project.

4. Explain ability to stay on task and on budget.

5. Describe any innovative technologies and/or special knowledge and capabilities.

7.4 References

1. The Respondent is required to submit at least three (3) current client references, including one (1) government/utility reference, and two (2) former references. These references should be specifically for broker services, and/or similar services, as described in the Scope of Services in this RFP.

2. In order to ensure current expertise, services described by references are required to be no more than five (5) years preceding the issue date of this solicitation.

3. The reference should contain a contact person, including their phone number and email address of the contact.

4. The reference should include the type of service, service date, name of the entity to which the service was provided, and the type and size of the contract.

5. References must be documentable and traceable.

7.5 Price Proposal

The Respondent shall develop and submit a cost proposal with a complete itemized breakdown of costs related to the content of the proposal.

• The proposed cost shall include all costs for services to be performed for the contract term.

• MSD reserves the right to select the Cost Proposal that is most advantageous to MSD.

8. EVALUATION OF RESPONDENTS

EVALUATION PROCESS

The selection of a qualified firm is subject to the Louisville and Jefferson County Metropolitan Sewer District Procurement Regulations and KRS 45A.345 to 45A.460, pursuant to which evaluation and selection will be performed by an Evaluation Committee (“Committee”), including, but not limited to, financial and legal personnel.

Each proposal received will be evaluated and rated independently of the evaluation and rating of another Respondent’s proposal. Refer to the Evaluation Criteria listed herein. MSD reserves the right to award separate contracts for this RFP if no single Respondent provides one proposal that best meets MSD’s requirements and desires.

Procurement Committee members will conduct a completeness review of the Proposals. Proposals must include all requirements specified in this RFP. Minor informalities may be waived by MSD. Those Proposals found to be complete, will then be ranked by individual members.

Evaluation criteria and points provide guidelines for the Procurement Committee members for the ranking of Proposals. In each category where points are to be assigned, Respondents may receive up to the maximum allowable number of points from an individual Procurement Committee member. Total points of each Procurement Committee member for each Proposal will be tallied and averaged. The Proposal with the highest total average score will be ranked first.

The review and analysis of the Proposals by the Procurement Committee will be based on the following criteria:

8 9

Evaluation Criteria Points A. Sample MSD Information Security Agreement Pass/Fail B. Qualifications & Experience 30 C. Price Proposal 25 D. Presentation of Scope of Work 25 E. References 10 F. Executive Summary 5 G. Quality of Submittal 5

Total 100

The selection of a firm and the execution of a contract, while anticipated, are not guaranteed. MSD makes no commitment to any Respondent to this RFP beyond consideration of the written proposal. MSD reserves the right to reject any proposal and will not reimburse the Respondents for any costs incurred in preparing a proposal or any other associated cost. By acceptance of the Respondent’s proposal, MSD reserves the right to negotiate any proposed conditions and covenants.

8.1 EVALUATION CRITERIA

Evaluation Criteria Points

A. Sample MSD Information Security Agreement

The ISA will be evaluated based on the Bidder’s responses to the individual elements of the ISA. Bidders may submit a redline copy of the ISA. If the bidder is proposing to use a third-party data center to provide hosting, that third party is required to submit the ISA as well.

Failure to submit the required documents shall result in the Proposal being deemed non-responsive and the Proposal will be rejected without any further evaluation.

Pass/Fail

B. Qualifications & Experience:

The purpose of the Qualifications section is to determine the ability of the Respondent to respond to this RFP. Respondents must describe each of the qualifications listed below.

1. The Responding firm is required to have a minimum of five (5) years of qualified broker experience in the industry

2. 2.Provide the address, telephone and fax number of the service office that will provide brokerage services and a brief narrative describing the history of your company. Identify the number of employees in your company and the ownership of the company.

3. State whether the company has ever filed for bankruptcy, been in loan default, or if there are any pending liens, claims or lawsuits against the company. If so, please describe.

4. Provide the name, title and experience of the person who will be the service representative for the MSD account. Please include descriptions of those who will be performing significant activities on behalf of MSD.

5. Provide copies of the applicable Kentucky General Lines Consultant’s License and/or Agent’s License for each person performing services for MSD in Kentucky.

C. Price Proposal:

The Respondent shall develop and submit a price proposal with a complete itemized breakdown of costs related to the content of the proposal.

1. The proposed price shall include all costs for services to be performed for the contract term.

2. MSD reserves the right to select the Price Proposal that is most advantageous to MSD.

D. Presentation of Scope of Work:

Respondents should prepare a written Proposal for Services based on the Scope of Work provided in Section 6 herein. Proposals should clearly demonstrate an understanding of the Scope of Services and should reflect the firm's ability to perform the work requested. Include the following:

1. Describe capabilities of the Respondent to provide services and complete the Scope of Work. Provide a description of the types of services offered.

2. Identify the Respondents’ proposed strategic approach to project implementation. Identify how the Respondent communicates and presents work to clients.

3. Describe the ability of the Respondent to successfully and timely complete the work. Provide a timeline for implementation of the project.

4. Explain ability to stay on task and on budget.

5. Describe any innovative technologies and/or special knowledge and capabilities.

E. References:

The Respondent is required to submit at least three (3) current client references, including one (1) government/utility reference, and two (2) former references. These references should be specifically for broker services, and/or similar services, as described in the Scope of Services in this RFP.

• In order to ensure current expertise, services described by references are required to be no more than five (5) years preceding the issue date of this solicitation.

• The reference should contain a contact person, including their phone number and email address of the contact.

• The reference should include the type of service, service date, name of the entity to which the service was provided, and the type and size of the contract.

• References must be documentable and traceable.

F. Executive Summary:

The Executive Summary accompanying the RFP shall be in the form of a standard business letter and shall be signed by an individual authorized to legally bind the Respondent. It shall include:

1. Provide the firm’s corporate name, physical address, contact person’s name, telephone number and email address.

2. Statement confirming understanding of the requested scope of services.

3. Statement as to whether the firm intends to subcontract for any of the services

(if applicable).

4. Statement as to whether the firm has been in bankruptcy, reorganization or receivership in the last five (5) years.

5. Statement that the firm’s proposal shall remain valid for 120 days after the closing date of the receipt of proposals.

6. Representation and warranty to MSD that all information provided in the response is true, correct and complete.

7. Original signature of a principal, partner or officer of the firm who is legally authorized to commit to the organization contractually.

G. Quality of Submittal

Submittal adheres to the requirements of this RFP.

9. ADDITIONAL INFORMATION

a. All Information True – The Respondent shall represent and warrant to MSD that all information provided in the response shall be true, correct and complete. Respondents who knowingly provide false, misleading or incomplete information in any of the documents presented to MSD for consideration in the selection process shall be disqualified.

b. Confidential Material – Any material that is to be considered as confidential or proprietary in nature must be clearly marked as such and will be treated as confidential and/or proprietary by MSD to the extent permissible under applicable state law.

c. Proposal Opening – So as to avoid disclosure of the contents to competing teams, qualifications shall not be publicly opened.

d. Late Proposals – Proposals received after the submission deadline will not be accepted and will be considered void. MSD is not responsible for the receipt of late proposals.

e. Addenda – Any interpretations, corrections or changes to this RFP will be made by addenda, prepared and submitted by MSD. Addenda may be obtained from MSD’s bid website at https://Louisvillemsd.bonfirehub.com/portal.

f. Selection Inquiries – Do not contact MSD during the selection process to make inquiries about the progress of the selection process. Respondents will be contacted when it is appropriate to do so.

g. Award Notification – Bid results are not provided in response to telephone inquiries. Respondents are not to call the Purchasing Department for a tabulation of bids. After MSD has taken official action, a formal bid tabulation will be posted to MSD’s website at https://Louisvillemsd.bonfirehub.com/portal.

Any Respondent challenging the award of a bid shall do so in writing within three (3) days of the contract award.

h. Cost of Responses – MSD will not be responsible for the costs incurred by anyone in the submittal of responses and/or interviews.

i. Contract Negotiations – This RFP is not to be construed as a contract or as a commitment of any kind.

j. No Obligation – MSD reserves the sole right to (1) evaluate the responses submitted; (2) waive any irregularities therein; (3) select candidates for the submittal of more detailed or alternate qualifications; (4) accept any submittal or portion of a submittal; (5) reject any or all Respondents submitting responses, should it be determined in MSD’s best interests; or (6) cancel the entire process.

k. Funding – MSD operates and is funded on a fiscal year basis; accordingly, MSD reserves the right to terminate, without liability, any contract for which funding is not available.

Price Proposal

I, as duly authorized representative of the below named company, do hereby agree to furnish to MSD in accordance with all of instructions, terms and conditions and specifications as set forth in the "Bid Documents" the following item(s) at the price(s) shown and within the specified delivery time:

BROKER SERVICES FOR EXCESS LIABILITY

Commission Fees __________%…