3-Insurance Requirements - Quotes Bids.docx

(Refer to the Minimum Insurance Requirements Form)

A. The insurance requirements designated in the Minimum Insurance Requirements Form indicate the minimum coverage required for the scope of work, as determined by the County’s Risk Management Division. The Vendor must provide verification of compliance such as a Certificate of Insurance, or a letter of verification from the Vendor’s insurance agent/broker that states the ability of the Vendor to meet the requirements upon award/recommendation of award.

B. If not provided with the solicitation response, the Vendor must submit within three business days after the County's written request. Failure to submit within the stated timeframe shall determine the Vendor to be nonresponsive to the Insurance Requirements. Final award shall be subject to receipt and acceptance by the County of proof of meeting all solicitation insurance requirements. A party may be debarred for failure of a vendor awarded a contract to provide the required insurance within ten (10) days after demand therefor by the Purchasing Division.

C. Without limiting any of the other obligations or liabilities of the Vendor, the Vendor must provide, pay for, and maintain on a primary basis in force until all of its work to be performed under this Contract has been completed and accepted by County (or for such duration specified), at least the minimum insurance coverage and limits set forth in the Insurance Requirements Form under the conditions listed below. If a limit or policy is not indicated on the Insurance Requirements Form by a checked box, it is not required as a condition of this contract. All required insurance policies must be placed with insurers or surplus line carriers authorized to conduct business in the State of Florida with an A.M. Best rating of A- or better and a financial size category class VII or greater, unless otherwise approved by County’s Risk Management Division in writing.

1. Commercial General Liability with minimum limits per occurrence, combined single limit for bodily injury and property damage, and when indicated a minimum limit per aggregate. County must be expressly named as an Additional Insured in the name of Broward County for claims arising out of operations performed for the County, by or on behalf of the Vendor, or acts or omissions of the Vendor in connection with general supervision of such operation. If the Vendor uses a subcontractor, then the Vendor shall require that subcontractor to name Broward County as an Additional Insured.

2. Business Automobile Liability with minimum limits per occurrence, combined single limit for bodily injury and property damage. Scheduled autos must be listed on Vendor’s certificate of insurance.

Note: Insurance requirements for Automobile Liability are not applicable where delivery will be made by a third-party carrier. All vendors that will be making deliveries in their own vehicles are required to provide proof of insurance for Automobile Liability and other pertinent coverages as indicated on the Insurance Requirements Form, prior to award. If deliveries are being made by a third-party carrier, other pertinent coverages listed on the Insurance Requirements Form are still required.

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INSURANCE REQUIREMENTS

QUOTATION REQUEST AND INVITATION TO BID

3. Workers' Compensation insurance for all employees in compliance with Chapter 440, Florida Statutes, and all applicable federal law. The policy must include Employers' Liability with minimum limits for each accident. If any operations are to be undertaken on or about navigable waters, coverage must be included for the U.S. Longshoremen & Harbor Workers Act and Jones Act.

4. Excess Liability/Umbrella Insurance may be used to satisfy the minimum liability limits required; however, the annual aggregate limit shall not be less than the highest "each occurrence" limit for the underlying liability policy. The Vendor must endorse the County as an Additional Insured unless the policy provides coverage on a pure/true “Follow-form” basis.

5. Builder’s Risk or equivalent coverage (such as Property Insurance or Installation Floater) is required as a condition precedent to the issuance of the Second Notice to Proceed for projects involving but not limited to: changes to a building’s structural elements, work conducted to the exterior of the building for any extended period of time, installation of a large single component, or remodeling where the cost of remodeling is 20% or more of the value of the property. Coverage must be “All Risks” Completed Value form with a deductible not to exceed ten thousand dollars ($10,000) each claim for all perils except for wind and flood.

6. For the peril of wind, the Vendor must maintain a deductible that is commercially feasible and that does not exceed five percent (5%) of the value of the Contract price. Such Policy must name Broward County as an additional loss payee.

7. For the peril of flood, coverage must be afforded for the lesser of the total insurable value of such buildings or structures, and the maximum amount of flood insurance coverage available under the National Flood Program. The Vendor must maintain a deductible that is commercially feasible and that does not exceed five percent (5%) of the value of the Contract price. Such Policy must name Broward County as an additional loss payee.

8. The County reserves the right to provide Property Insurance covering the Project, materials, equipment, and supplies intended for specific installation in the Project while such materials, equipment, and supplies are located at the Project site, in transit, or while temporarily located away from the Project site. This coverage will not cover any of the Vendor’s or subcontractors’ tools, equipment, machinery, or supplies, or provide any business interruption or time element coverage to the Vendor(s).

9. If the County decides to purchase Property Insurance or provide for coverage under its existing insurance policy for this Project, then the insurance required to be carried by the Vendor may be modified to account for the insurance being provided by the County. Such modification may also include execution of Waiver of Subrogation documentation.

10. If a claim occurs for this Project and is made upon the County’s insurance policy, other than for a windstorm, the Vendor will pay at least ten thousand dollars ($10,000) of the deductible amount for such claim.

11. Waiver of Occupancy Clause or Warranty: Policy must be specifically endorsed to eliminate any "Occupancy Clause" or similar warranty or representation that the building (s), addition(s) or structure(s) in the course of construction shall not be occupied without specific endorsement of the policy. The Policy must be endorsed to provide that the Builder's Risk coverage will continue to apply until final acceptance by County.

12. Pollution Liability or Environmental Impairment Liability: including clean-up costs, with minimum limits per claim, subject to a maximum deductible per claim. Such policy must remain in force for the minimum length of time indicated, include an annual policy aggregate, and name Broward County as an Additional Insured. The Vendor shall be responsible for all deductibles in the event of a claim.

13. Professional Liability Insurance with minimum limits for each claim, subject to a maximum deductible per claim. Such policy shall remain in force for the minimum length of time indicated. The Vendor shall notify County in writing within thirty (30) days after any claim is filed or made against its Professional Liability Insurance policy. The Vendor shall be responsible for all deductibles in the event of a claim. The deductible shall be indicated on the Vendor’s Certificate of Insurance.

D. Coverage must be afforded on a form no more restrictive than the latest edition of the respective policy form as filed by the Insurance Services Office. If the initial insurance expires prior to the completion and acceptance of the work, renewal certificates shall be furnished upon expiration. County reserves the right to obtain a certified copy of any insurance policy required of the Vendor within fifteen (15) calendar days after a written request by County.

E. Unless prohibited by the applicable policy, Vendor waives any right to subrogation that any of Vendor’s insurer may acquire against County and agrees to obtain same in an endorsement of Vendor’s insurance policies.

F. Notice of Cancellation and/or Restriction: the policy(ies) must be endorsed to provide Broward County with at least thirty (30) days’ notice of cancellation and/or restriction, and at least ten (10) days’ notice of any cancellation due to nonpayment.

G. The official title of the Certificate Holder is Broward County. This official title shall be used in all insurance documents required to comply with this contract (certificates and endorsements being provided to the County for review and approval).

H. Broward County's Risk Management Division reserves the right, but not the obligation, to review and revise any insurance requirements at the time of contract renewal and/or any amendments, not limited to deductibles, limits, coverages and endorsements based on: insurance market conditions affecting the availability or affordability of coverage; or changes in the scope of work/specifications affecting the applicability of coverage.

Form Date 9/9/24