ESBD_365998_1721660208091_11 Attachment J - General Insurance Requirements.pdf

Page 1 of 3 RFO No. 608-24-91551 Motor Carrier Oversize/Overweight Routing and Permitting System

Attachment J

General Insurance Requirements

1. General Insurance Requirements

1.1. The Contractor shall carry insurance in the types and amounts indicated herein for the duration of the Contract. The insurance shall be evidenced by delivery to TxDMV of certificates of insurance executed by the insurer or its authorized agent stating coverages, limits, expiration dates, and compliance with all applicable required provisions. Upon request, TxDMV, and/or its agents, shall be entitled to receive without expense, copies of the policies and all endorsements.

1.2. The Contractor shall update all expired policies prior to submission for monthly payment.

Failure to update policies shall be reason for withholding of payment until renewal is provided to TxDMV.

1.3. The Contractor shall provide and maintain all insurance coverage with the minimum amounts described throughout the life of the Contract.

1.4. The Contractor’s failure to maintain insurance coverage, as required, may be grounds for suspension of work for cause.

1.5. The Contractor shall deliver to TxDMV true and complete copies of certificates and corresponding policy endorsements upon award.

1.6. TxDMV’s failure to demand such certificates or other evidence of the Contractor’s full compliance with these insurance requirements or failure of TxDMV to identify a deficiency in compliance from the evidence provided shall not be construed as a waiver of the Contractor’s obligation to maintain such insurance.

1.7. The insurance and insurance limits required herein shall not be deemed as a limitation on the Contractor’s liability under the indemnities granted to TXDMV in the Contract.

1.8. The insurance coverage and limits established below shall not be interpreted as any representation or warranty that the insurance coverage and limits necessarily will be adequate to protect the Contractor.

1.9. The insurance coverage shall be written on an occurrence basis by companies authorized and admitted to do business in the state of Texas and rated A or better by A.M. Best Company or similar rating company or otherwise acceptable to TxDMV.

2. Required Policy Clauses

Policies must include the following clauses, as applicable:

2.1. This insurance shall not be canceled, materially changed, or non-renewed except after 30 days written notice has been given to TxDMV.

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2.2. It is agreed that the Contractor’s insurance shall be deemed primary with respect to any insurance or self-insurance carried by TxDMV for liability arising out of operations under the Contract with TxDMV. TxDMV, its officials, directors, employees, representatives, and volunteers are added as additional insureds as respects operations and activities of, or on behalf of the named insured performed under Contract with TxDMV. The additional insured status must cover completed operations as well. This is not applicable to workers’ compensation policies.

2.3. A waiver of subrogation in favor of TxDMV shall be provided in all policies.

2.4. Without limiting any of the other obligations or liabilities of the Contractor, Contractor shall require each subcontractor performing work under the Contract, at subcontractor’s own expense, to maintain during the term of the Contract, the same stipulated minimum insurance including the required provisions and additional policy conditions as shown above.

2.5. As an alternative, the Contractor may include its subcontractors as additional insureds on its own coverage as prescribed under these requirements. The Contractor’s certificate of insurance shall note in such event that subcontractors are included as additional insureds and that the Contractor agrees to provide workers’ compensation for subcontractors and their employees. The Contractor shall obtain and monitor the certificates of insurance from each subcontractor in order to assure compliance with the insurance requirements. The Contractor must retain the certificates of insurance for the duration of the Contract plus seven years and shall have the responsibility of enforcing these insurance requirements among its subcontractors. TxDMV shall be entitled, upon request and without expense, to receive copies of these certificates.

3. Specific Insurance Coverage Required

3.1. Workers’ Compensation. Insurance with limits as required by the Texas Workers’ Compensation Act, Tex. Lab. Code ch. 401, with the policy endorsed to provide a waiver of subrogation in favor of TxDMV, employer’s liability insurance of not less than:

a. $1,000,000.00 each accident;

b. $1,000,000.00 disease each employee; and

c. $1,000,000.00 disease policy limit.

The workers’ compensation insurance coverage must be provided for all workers at all tier levels and meet the statutory requirements of the Texas Labor Code.

3.2. Commercial General Liability Insurance. Including premises, operations, independent Contractor’s liability, products, and completed operations and contractual liability, covering, but not limited to, the liability assumed under the indemnification provisions of the Contract, fully insuring Contractor’s liability for bodily injury (including death) and property damage with a minimum limit of:

a. $1,000,000.00 per occurrence;

b. $2,000,000.00 general aggregate;

c. Coverage shall be on an “occurrence” basis.

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The term “You” as referenced in the subsection above, means the Contractor.

3.3. Comprehensive Automobile Liability Insurance. Covering owned, hired, and non-owned vehicles, with a minimum combined single limit for bodily injury (including death) and property damage of $1,000,000.00 per accident. No aggregate shall be permitted for this type of coverage.

3.4. Cyber/Privacy Liability Insurance Policy. The Contractor shall provide Cyber/Privacy Liability Insurance to cover risk of loss to electronic data. The policy must include coverage for electronic vandalism to electronic data, including coverage for a third party’s willful electronic alteration of data, introduction of viruses which impact electronic data, unauthorized use of electronic data, or denial of service to web site or email destinations.

Cyber Liability Insurance $1,000,000 per claim / $1,000,000 aggregate.

3.5. Professional Liability Insurance. The Contractor shall obtain, pay for and maintain professional liability errors and omissions insurance during the Contract term, insuring the Contractor for an amount of not less than $1,000,000.00.

4. Alternative Insurability

Notwithstanding the preceding, TxDMV reserves the right to consider reasonable alternative methods of insuring the Contract in lieu of the insurance policies customarily required. It will be the Contractor’s responsibility to recommend to TxDMV alternative methods of insuring the Contract. Any alternatives proposed by the Contractor should be accompanied by a detailed explanation regarding the Contractor’s inability to obtain the required insurance and/or bonds.

TxDMV shall be the sole and final judge as to the adequacy of any substitute form of insurance coverage.