Intent_to_Single_Source_Hardpan_Dirt_for_Construction.pdf

For more information, please visit our online supplier portal, located at https://procurement.opengov.com/portal/flaglercounty

County of Flagler

SINGLE SOURCE

25-SS-086

INTENT TO SINGLE SOURCE HARDPAN DIRT FOR CONSTRUCTION

RELEASE DATE: September 24, 2025

RESPONSE DEADLINE: October 9, 2025, 2:00 pm

Please refer to the project timeline in this document for all important deadlines.

Single Source #25-SS-086 Title: Intent to Single Source Hardpan Dirt for Construction

Table Of Contents

1. Specifications

2. Insurance Requirements

3. Vendor Response

1. Specifications

The prospective bidder must demonstrate the ability to provide and maintain a readily available supply of

Hard Pan Dirt, in sufficient quantities and of suitable quality, to meet the County’s needs for current and future construction projects in a timely and consistent manner.

2. Insurance Requirements

2.1. Required Types of Insurance.

The Contractor shall purchase and maintain at its own expense, during the term of the Agreement, the types and amounts of insurance with limits no less than those shown in the Required Types and Limits of Insurance

Chart associated with this solicitation, in the form and from companies satisfactory to the County. The Required

Types and Limits of Insurance Chart is a listing and general summary of insurance policies required and is not intended to be comprehensive as to the requirements of each specific policy. Contractors shall review the additional requirements in this section and ensure that the insurance policies comply with the specific terms and conditions therein.

For the purposes of indemnification of the County or an endorsement or insurance coverage under this

Agreement/Contract under which the County is a “named insured”, “additional named insured”, or “additional insured”, the term “County” includes Flagler County (a body corporate and politic and a subdivision of the State of Florida), including its districts, authorities, separate units of government established by law, ordinance or resolution, partners, elected and non-elected officials, employees, agents, volunteers, and any party with whom the County has agreed by contract to provide additional insured status.

The policy limits for all required policies in the Required Types and Limits of Insurance Chart shall apply separately from one another and shall not be shared with any other coverage line or reduce the aggregate limit of any other insurance coverage form required.

Regardless of anything submitted as proof of insurance, Contractor shall comply with all requirements as stated in the Solicitation and/or Contract documents.

2.2. Subcontractors and Independent Contractors.

All subcontractors & independent contractors utilized by Contractor to provide services to County and its employees under this Agreement/Contract shall be required to maintain all insurance policies with the same terms, conditions, and requirements required of the Contractor in the Required Types and Limits of Insurance

Chart and described in this Solicitation.

2.3. Claims Made Basis Insurance Policies.

All insurance policies written on a Claims Made Form shall maintain a retroactive date prior to or equal to the effective date of the Agreement. The Contractor shall purchase a Supplemental Extended Reporting Period

(“SERP”) with a minimum reporting period of not less than three (3) years in the event the policy is canceled, not renewed, switched to occurrence form, or any other event which requires the purchase of a SERP to cover a gap in insurance for claims which may arise under or related to the Agreement. The Contractor’s purchase of the SERP shall not relieve the Contractor of the obligation to provide replacement coverage. In addition, the

Contractor shall require the carrier immediately inform the Contractor, the County Risk Manager, and the Office of Procurement and Contracts of any contractual obligations that may alter its professional liability coverage under the Agreement.

2.4. Risk Retention Groups and Pools.

Contractor shall not obtain an insurance policy required under this Agreement from a Risk Retention Group or

Pool.

2.5. Minimum Required Policies and Limits.

Minimum underlying policies, coverages, and limits shall include all policies listed in the Required Types and

Limits of Insurance Chart.

2.6. Additional Insured, Policies, Coverages, Limits, Primary and Non-

Contributory Basis.

Under all insurance policies where the County is required to be an additional insured, the coverage and limits provided to the County under Contractor’s insurance policies shall be that listed in the Required Types and Limits of Insurance Chart or the Contractor’s actual limits, whichever is higher. All coverage provided to the County as an additional insured by said policies shall be primary and shall not be additional to or contributing with any other insurance or self-insurance maintained by the County or any other insurance contractually available for the benefit of the County. Contractors performing construction projects shall utilize ISO Forms CG 20 38 and CG

20 37, or their equivalents to provide additional insured status to the County and any party to whom the County is contractually bound to provide additional insured status under a commercial general liability policy.

2.7. Disposal of Materials.

If the services provided require the disposal of any hazardous or non-hazardous materials off the job site, the disposal site operator must furnish a certificate of insurance for Pollution Legal Liability with coverage for bodily injury and property damage for losses that arise from the facility that is accepting the waste under the

Agreement.

2.8. Workers’ Compensation, Jones Act, U.S. Longshore & Harborworker’s Act

Insurance.

Workers’ Compensation insurance is required for all employees of the Contractor, employed or hired to perform or provide work or services under the Agreement or that is in any way connected with work or services performed under the Agreement, without exclusion for any class of employee, and shall comply fully with the

Florida Workers’ Compensation Law (Chapter 440, Florida Statutes, Workers’ Compensation Insurance) and include Employers’ Liability Insurance with limits no less than the statutory amount. Policy shall be endorsed with NCCI form WC 00 03 13 providing a waiver of subrogation in favor of the County. If Contractor is using a

“leased employee” or an employee obtained through a professional employer organization (“PEO”), Contractor is required to have such employees covered by worker’s compensation insurance in accordance with Florida

Worker’s Compensation law. The PEO shall endorse its workers compensation policy with NCCI form WC 00 03

13 providing a waiver of subrogation in favor of the County, its employees and insurers. If Agreement involves

Maritime Operations, Contractor’s Worker’s Compensation Insurance Policy shall include coverage for claims subject to the Federal Jones Act (46 U.S.C.A Section 688) and U.S. Longshore & Harbor workers’ Act (33 U.S.C.A.

Section 901). Coverage for the U.S. Longshore & Harbor worker’s Act shall be at the statutory amount. Coverage limits for the Jones Act shall be not less than $1,000,000. Contractor will be permitted to provide Jones Act

Coverage through a separate Protection & Indemnity Policy in so far as the coverage provided is no less restrictive than would have been provided by a Workers’ Compensation Policy.

(1) Contractor and its Subcontractors, or any associated or subsidiary company doing work on County property or under the Agreement must be named in the Workers’ Compensation coverage or provide proof of their own

Workers’ Compensation coverage, without exclusion of any class of employee, and with a minimum of the statutory limits per occurrence for Employer’s liability coverage. Further, if the Contractor's Subcontractors fail to obtain Workers’ Compensation insurance and a claim is made against the County by the uncovered employee of said Subcontractor of the Contractor, the Contractor shall indemnify, defend, and hold harmless the County from all claims for all costs including attorney’s fees and costs arising under said employee(s) Workers’

Compensation insurance claim(s).

2.9. Workers’ Compensation.

Workers’ Compensation insurance is required for all employees of the Contractor, employed or hired to perform or provide work or services under the Agreement or that is in any way connected with work or services performed under the Agreement, without exclusion for any class of employee, and shall comply fully with the

Florida Workers’ Compensation Law (Chapter 440, Florida Statutes, Workers’ Compensation Insurance) and include Employers’ Liability Insurance with limits no less than the statutory amount. Policy shall be endorsed with NCCI form WC 00 03 13 providing a waiver of subrogation in favor of the County. If Contractor is using a

“leased employee” or an employee obtained through a professional employer organization (“PEO”), Contractor is required to have such employees covered by worker’s compensation insurance in accordance with Florida

Worker’s Compensation law. The PEO shall endorse its workers compensation policy with NCCI form WC 00 03

13 providing a waiver of subrogation in favor of the County, its employees and insurers.

(1) Contractor and its Subcontractors, or any associated or subsidiary company doing work on County property or under the Agreement must be named in the Workers’ Compensation coverage or provide proof of their own

Workers’ Compensation coverage, without exclusion of any class of employee, and with a minimum of the statutory limits per occurrence for Employer’s liability coverage. Further, if the Contractor's Subcontractors fail to obtain Workers’ Compensation insurance and a claim is made against the County by the uncovered employee of said Subcontractor of the Contractor, the Contractor shall indemnify, defend, and hold harmless the County from all claims for all costs including attorney’s fees and costs arising under said employee(s) Workers’

Compensation insurance claim(s).

2.10. Commercial General Liability Insurance.

The Contractor shall obtain and maintain Commercial General Liability insurance, with limits of not less than the amounts shown in the Required Types and Limits of Insurance Chart. Contractor shall not obtain an insurance policy wherein the policy limits are reduced by defense and claim expenses. Such insurance shall be issued on an occurrence basis and include coverage for the Contractor’s operations, independent contractors, and

Subcontractors protecting itself, its employees, agents, Contractors or subsidiaries, and their employees or agents for claims for damages caused by bodily injury, property damage, or personal or advertising injury, and products liability/completed operations including what is commonly known as Coverages A and B. Such policies shall include coverage for claims by any person as a result of actions directly or indirectly related to the employment of such person or entity by the Contractor or by any of its Subcontractors arising from work or services performed under the Agreement. Policy shall include either contractual insurance or a designated contract contractual liability coverage endorsement, indicating expressly the Contractor’s Agreement to indemnify, defend and hold harmless the County as provided in the Agreement. The commercial general liability policy shall provide coverage to County when it is required to be named as an additional insured either by endorsement or pursuant to a blanket additional insured endorsement, for those sources of liability which would be covered by the latest edition of the standard Commercial General Liability Coverage Form (ISO Form

CG 00 01), as filed for use in the State of Florida by the Insurance Services Office, without the attachment of any endorsements excluding or limiting coverage for Bodily Injury, Property Damage, Products/Completed

Operations, Independent Contractors, Property of County in Contractor’s Care, Custody or Control or Property of County on which contracted operations are being performed, Explosion, Collapse or Underground hazards

(XCU Coverage, Contractual Liability or Separation of Insureds.

For construction related projects, County shall be added as additional insured to Contractor's policy by both ISO

Endorsements CG 20 38 (Premises & Operations) and CG 20 37 (Products & Completed Operations) or their equivalents. If County has agreed by separate contract to require Contractor to name another party as an additional insured, Contractor shall add said party as an additional insured to the commercial general liability policy by ISO Endorsement CG 20 38 and CG 20 37, or their equivalents.

For non-construction projects, Contractor shall add County as additional insured by both ISO Endorsements CG

20 10 (Premises & Operations) and CG 20 37 (Products & Completed Operations) or their equivalent. If County has agreed by separate contract to require Contractor to name another party as an additional insured, Contractor shall add said party as an additional insured to the commercial general liability policy by both ISO

Endorsement CG 20 10 and CG 20 37 or their equivalents.

All commercial general liability policies shall be endorsed to provide a waiver of subrogation in favor of the

County and any other party required by this Agreement to be named as an additional insured.

2.11. Garage Liability.

Contractor shall maintain garage liability insurance with ISO Coverage Code 21 (“Any Auto”) for bodily injury and property damage with limits not less than those specified in the Required Types and Limits of Insurance

Chart. Policy shall include coverage for liability arising out of premises, operations, products & completed operations, independent contractors, and contractual liability. Policy shall name the County as an additional insured and provide a waiver of subrogation in favor of the County.

2.12. Garage Keepers Legal Liability.

Contractor shall maintain garage keepers legal liability insurance with ISO Coverage Code 30 (“Autos Left for

Service/Repairs/Storage”) covering physical damage and loss sustained to County vehicles while in the possession of Contractor with limits not less than those specified in the Required Types and Limits of Insurance

Chart. Policy shall be written on a Direct Primary basis. Contractor shall be responsible for any deductibles under the policy. When Contractor services include towing, policy shall be endorsed to include On-Hook Towing coverage with limits equal to or greater than the value of the County vehicle or equipment to be transported.

2.13. Excess/Umbrella Liability.

Umbrella or Excess Liability policies may be used to obtain the total limits of liability required to meet the required limits of coverage stated in the Required Types and Limits of Insurance Chart. These policies shall be written on a follow form basis subject to the same terms, definitions, exclusions and conditions as the primary policies. Umbrella policies unable to obtain a follow form basis will be accepted if the coverage provided under the policy expands the coverage and does not create coverage gaps between the primary policy and the umbrella policy. These policies shall contain a dropdown coverage provision as well as a duty to defend.

Evidence of such coverage should clearly demonstrate the underlying coverages/policies that are included.

The Contractor shall obtain an excess liability policy in addition to the scheduled underlying policies (commercial general liability, business auto liability, professional, and employers' liability) with a limit of no less than the amount shown in the Required Types and Limits of Insurance Chart. This policy shall name the County as an additional insured. If the County cannot be added as an additional insured, then policy shall be endorsed to provide additional insured status if required on the primary policy. Policy shall provide a waiver of subrogation in favor of the County.

2.14. Motor Vehicle Liability.

The Contractor shall secure and maintain during the term of the Agreement a motor vehicle liability policy with a combined single limit of no less than the amounts shown in the Required Types and Limits of Insurance Chart for bodily injury and property damage arising from the ownership, maintenance, or use of a motor vehicle.

Policy shall be written with Coverage Symbol 1 (Any Auto), providing coverage for all autos operated regardless of ownership, or with Coverage Symbols 7, 8, & 9 (Scheduled, Hired, & Non-Owned vehicles). The County shall be an additional insured under this policy when required in the Required Types and Limits of Insurance Chart. If

Motor Vehicle Liability is by endorsement to another policy required in the Required Types and Limits of

Insurance Chart, then the limits for Motor Vehicle Liability shall be separate (they shall not be shared) and in addition to the underlying policy limits. If endorsed to another policy required in the Required Types and Limits of Insurance Chart, Motor Vehicle Policy Limits shall apply on a per occurrence basis and shall not have an aggregate limit.

2.15. Professional Liability.

The Contractor shall ensure that it secures and maintains, during the term of the Agreement, Professional

Liability insurance with limits of no less than the amount shown in the Required Types and Limits of Insurance

Chart in respect only to the project(s) contemplated by the Agreement. Such policy shall cover all the

Contractor’s or its Subcontractor’s professional liabilities whether occasioned by the Contractor or its

Subcontractors, or its agents or employees. For Contractors providing Architectural and Engineering related services, policy shall be broad enough to include errors and omissions specific to Contractor’s professional liability for direct and contingent design errors and Architect’s/Engineers professional liability with no exclusions for design-build work.

If the Contractor fails to secure and maintain the professional liability insurance coverage required herein, the

Contractor shall be liable to the County and agrees to indemnify, defend, and hold harmless the County against all claims, actions, losses or damages that would have been covered by such insurance. The County shall be an additional insured under this policy when required in the Required Types and Limits of Insurance Chart.

2.16. Installation Floater.

Contractor shall provide and maintain during the term of this Agreement an installation floater to cover damage to or destruction to renovations, repairs or equipment being installed and/or otherwise being handled or stored.

Contractor shall purchase Installation Floater on a “Special Form” (All-Risk) policy, and shall also include coverage for wind, hail, and named storm when required in the Required Types and Limits of Insurance Chart.

For projects within a Federal Emergency Management Agency (FEMA) designated Special Flood Hazard Area as defined at https://www.fema.gov, Flood insurance shall be purchased. Installation Floater shall be for the full replacement cost of the Project, including periodic increases or decreases in values resulting from change orders. If Installation Floater is subject to additional premium due to change orders or project term extensions authorized by County, County will reimburse the actual cost of the additional premium without markup.

Contractor shall submit reimbursement request with proof of additional premium payment with a copy of the applicable endorsement to the Installation Floater policy if written on a declared-project basis or a copy Accord

Evidence of Property Insurance if the policy is on a reporting form basis. If necessary, the County’s Risk Manager will have to determine if the Change order causes an increase in premiums if additional cost is incurred.

Coverage shall not cease until Final Acceptance. Policy shall be written on an All-Risk basis. Policy shall also include wind, hail and named storm coverage, off-site storage, and transit. The minimum protection afforded under said installation floater shall be the full replacement cost of the construction of the Project. The County shall be an additional named insured and Loss payee under this policy. The policy shall contain a waiver of subrogation in favor of all insured parties. Contractor shall provide County with an Accord Evidence of Property

Form evidencing the maintenance of the policy and providing that the insurer shall notify the County thirty days prior to the cancelation of the policy.

2.17. Builder's Risk.

Contractor shall purchase Builder’s Risk Insurance (BRI) on a “Special Form” (All-Risk) policy, and shall also include coverage for wind, hail, and named storm. For projects within a Federal Emergency Management Agency

(FEMA) designated Special Flood Hazard Area as defined at https://www.fema.gov,, Flood insurance shall be purchased. BRI shall be for the full replacement cost of the Project, including periodic increases or decreases in values resulting from change orders. If BRI is subject to additional premium due to change orders or project term extensions authorized by County, County will reimburse the actual cost of the additional premium without markup. Contractor shall submit reimbursement request with proof of additional premium payment with a copy of the applicable endorsement to the BRI policy if written on a declared-project basis or a copy Accord Evidence of Property Insurance if the policy is on a reporting form basis. If necessary, the County’s Risk Manager will have to determine if the Change Order causes an increase in premiums if additional cost is incurred. BRI coverage https://www.fema.gov/ https://www.fema.gov/ shall include, but not be limited to, covering all risks of physical loss or damage, including the perils of fire and extended coverage, theft, vandalism, malicious mischief, collapse, explosion and underground (“XCU”) perils, debris removal, and demolition, and shall include coverage for reasonable compensation for architects’ services and other expenses made necessary due to an insured loss and any applicable law, ordinance, or regulation.

Coverage shall apply to the Work and appurtenances, materials and equipment to be incorporated into the

Project whether in transit or storage on or off the Project site, to the site construction and structures, and property of the County held in the care, custody or control of Contractor. Coverage shall apply to any owned, borrowed, leased or rented structures used to facilitate the work. The County shall be an additional named insured and Loss payee under this policy. The BRI policy shall contain a waiver of subrogation in favor of all insured parties. Insurer shall provide County thirty (30) days prior notice to cancellation of the policy.

2.18. Contractor’s Pollution.

Contractor shall purchase coverage for liability caused by pollution conditions arising out of the operations of

Contractor. If Agreement involves the use, storage, removal, or remediation of naturally occurring hazardous substances (including, but not limited to, mold, asbestos, lead, mercury, arsenic, radon, silica, pyrite), the policy shall be endorsed to remove any exclusion(s) for the substance. The County shall be named as additional insured. Coverage shall apply to bodily injury, sickness, disease, mental anguish or shock, including death and medical monitoring; property damage, including loss of use of damaged property or of property that has not been physically injured; cleanup costs; including costs and expenses incurred in the investigation, defense, or settlement of claims. The policy shall provide coverage for the hauling of waste from the Project site to the final disposal location and include Non-owned Disposal Site coverage for specified sites (by endorsement) if

Agreement is disposing of waste. All activities contemplated in the Agreement shall be specifically scheduled on the policy as “covered operations”. Coverage shall apply to sudden and non-sudden pollution conditions including the discharge, dispersal, release or escape of smoke, vapors, soot, fumes, acids, alkalis, toxic chemicals, liquids or gases, waste materials or other irritants, contaminants or pollutants into or upon land, the atmosphere or any watercourse or body of water, provided such conditions are not naturally present in the environment in the concentration or amounts discovered, unless such natural conditions(s) are released or dispersed as a result of the performance of Covered Operations. Policy shall include a severability of interest or separation of insured provision (no insured vs. insured exclusion) and a provision that coverage is primary and non contributory with any other coverage or self-insurance maintained by the County. County shall be listed as an additional insured on the policy.

2.19. Transportation Pollution Liability.

Contractor shall purchase coverage for liability caused by pollution conditions arising out of the operations of

Contractor and its subcontractors. The County shall be named as additional insured. Coverage shall apply to bodily injury, sickness, disease, mental anguish or shock, including death and medical monitoring; property damage, including loss of use of damaged property or of property that has not been physically injured; cleanup costs; including costs and expenses incurred in the investigation, defense, or settlement of claims. The policy shall provide coverage for loading, transporting, and unloading from the project site to the final disposal location. Policy shall include Non owned Disposal Site coverage by endorsement. All activities contemplated in the Agreement shall be specifically scheduled on the policy as “covered operations”. Coverage shall apply to sudden and non-sudden pollution conditions including the discharge, dispersal, release or escape of smoke, vapors, soot, fumes, acids, alkalis, toxic chemicals, liquids or gases, waste materials or other irritants, contaminants or pollutants into or upon land, the atmosphere or any watercourse or body of water, provided such conditions are not naturally present in the environment in the concentration or amounts discovered. Policy shall include a severability of interest or separation of insured provision (no insured vs. insured exclusion) and be endorsed to be primary and non-contributory with any other coverage or self-insurance maintained by the

County. Should Contractor’s policy or endorsement providing transportation pollution liability be modified to exclude or reduce the coverage required herein, Contractor shall promptly notify County and provide such coverage under another policy or form with the County included as an additional insured.

2.20. Pollution Liability.

The Contractor shall obtain and maintain a pollution liability insurance policy with a limit of liability of no less than the amount(s) shown above on a per occurrence/aggregate basis for any work or services performed under the Agreement including but not limited to environmental/pollution related services, testing, design, consulting, analysis, other consulting work (whether self-performed or subcontracted), discharge, dispersal, release, seepage, migration or escape of smoke, vapors, soot fumes, acids, alkalis, toxic chemicals, liquid or gasses, waste materials, irritants, contaminants, pollutants into or upon land, atmosphere or any watercourse or body of water (including groundwater at or under or emanating arising from work or services performed under the

Agreement) and for all above-ground storage tanks, in-ground storage tanks, and other potentially hazardous materials. Policy shall insure for the Contractor’s liability for bodily injury, sickness, disease, mental anguish, or shock sustained by any person, including death, property damage including physical injury to or destruction of tangible property including the resulting loss of use thereof, clean-up costs, and the loss of use of tangible property that has not been physically injured or destroyed; defense including costs, charges and expenses incurred in the investigation, adjustment or defense of claims for such compensatory damages; coverage for losses caused by pollution conditions that arise from Contractor’s operation, and environmental damage resulting from sudden accidental and gradual pollution and related cleanup costs incurred by the Contractor. If

Agreement involves the use, storage, removal, or remediation of naturally occurring hazardous substances

(including, but not limited to: mold, asbestos, lead, mercury, arsenic, radon, silica, pyrite), the policy shall be endorsed to remove any exclusion(s) for the substance. The County shall be named as additional insured.

2.21. Crime or Fidelity Insurance Policy.

The Contractor shall secure and maintain a crime or fidelity insurance policy with a limit of not less than the amounts shown in the Required Types and Limits of Insurance Chart during the term of the Agreement. This policy shall cover employee-related theft, crime, and dishonesty exposures involving the Contractor's personnel assigned to work in the County for the same limits. Policy shall be endorsed with Insurance Services Office (ISO)

Form CR 04 01 (Client’s Property), or its equivalent, to extend coverage to County property arising from loss due to Contractor’s employees. The policy shall name the County as joint loss payee to the extent of the County’s interests.

2.22. Cyber Insurance.

The Contractor shall secure and maintain during the term of the Agreement data privacy and network security liability insurance, with a limit of not less than the amounts shown in the Required Types and Limits of Insurance

Chart with an aggregate limit and per occurrence basis, with coverage for (a) data breaches by the Contractor or anyone causing the loss of use of electronic data; loss of personally identifiable information or County confidential information; violations of privacy regulations associated with the control and use of personally identifiable financial, medical or other sensitive information including but not limited to HITECH; HIPPA; Gramm-

Leach Bliley Act of 1999; Florida Breach of Security Act (Section 817.5681, Florida Statutes (2012); the Federal

Trade Commission Act (15 U.S.C. 45(a)); violations of the identity Red Flags under the Fair and Accurate Credit

Transactions Act of 2003; (c) violations of any state, federal or foreign identity theft or privacy protection, notification and credit monitoring statutes (including any amendments thereto); (d) online defamation, advertising, libel, and slander-related exposures as well as emerging Web 2.0 liabilities created by casual users of third parties accessing Contractor’s web site(s) or computer systems through eMedia and the Internet; (e) network security breaches for failure of security measures to prevent a denial of service, unauthorized access, theft of electronic data, and inadvertent transmission of a virus or other malicious code; (f) infringement of intellectual property rights (e.g., patent, copyright, or trademark) in any telecommunications medium (e.g., cell phones, modems, text, videos, images, blogs, etc.) which result in a loss of County revenue or expense to the

County due to a covered network outage or computer system loss; (f) cyber investigation expense incurred to investigate a data privacy or network security wrongful act; and, (g) cyber extortion for expenses incurred in the event of an extortion threat to cause a data privacy or network security wrongful act.

2.23. Technology Errors and Omissions.

The Contractor shall secure and maintain during the term of the Agreement, with a limit of not less than that required the Required Types and Limits of Insurance Chart, a Technology Errors & Omissions policy. Policy shall include coverage for technology services and technology products. Policy shall include coverage for failure of electronic and software products to perform the function or serve the purpose intended after installation and testing. Policy shall include coverage to replace or restore County electronic data lost from any cause whatsoever (including but not limited to a computer virus, malware, or breach of network security or loss of use, reduction in functionality or damage, destruction, distortion, erasure, corruption or alteration of electronic data) arising from Contractor’s services under the Agreement, whether occasioned by the Contractor or its

Subcontractors, or their agents or employees including any cost or expense of whatsoever nature resulting there from.

If the Contractor fails to secure and maintain the liability insurance coverage required herein, the Contractor shall be liable to the County and agrees to indemnify, defend, and hold harmless the County against all claims, actions, losses or damages that would have been covered by such insurance.

NOTE: Coverage for loss of electronic data can be incorporated with insurance coverage in Cyber Insurance or

Computer Software and Services Errors and Omissions Liability.

2.24. Protection & Indemnity.

Contractor shall purchase and maintain liability insurance coverage for each vessel utilized in performance of the Agreement. Coverage shall be included for loss of life, bodily injury and sickness, property damage, wreck removal and salvage costs, cleanup costs, collision liability, and damage to piers, docks, jetties, and other fixed or floating objects. Wreck Removal and Salvage Coverage shall not be sub-limited. Policy shall have a Navigation

Warranty that includes the project area of operation. County shall be named as an additional insured under this policy. Policy shall be primary to and non-contributory with any insurance or self-insurance maintained by the

County and shall include a waiver of subrogation in favor of the County.

2.25. Marine/Vessel Pollution.

Contractor shall purchase coverage for spills and threats of spills from vessels. This includes, but is not limited to clean up obligations mandated by local and national laws, orders, rules and regulations; as well as clean-up, third party property damage, subsistence, assessment of and damage to natural resources, loss of revenues and profits by third parties, loss of public services, defense, investigation, advertising, civil penalties, criminal fines and defense and interest. County shall be named as an additional insured under this policy.

2.26. Aerial Applicator Aviation Insurance.

Contractor shall purchase and maintain coverage for Bodily Injury and Property Damage Liability Excluding

Chemical Liability and be written on a combined single limit per occurrence basis in the amount required in the

Required Types and Limits of Insurance Chart. This sublimit of the policy shall provide coverage for third party liability claims for damages due to bodily injury and property damage resulting from the ownership, maintenance, or use of your aircraft. Policy shall provide coverage for Chemical Combined Bodily Injury and

Property Damage Liability and be written on a combined single limit per occurrence basis in the amount required in the Required Types and Limits of Insurance Chart. This sublimit of the policy shall provide coverage for third party liability claims for damages due to bodily injury and property damage caused by agricultural seeds, fertilizers, fungicides, insecticides and chemicals sprayed or emitted in the process of aerial application by your aircraft. Policy shall include the foregoing liability coverages for the temporary use of substitute aircraft while an aircraft owned by you is withdrawn from normal use because of its breakdown, repair, servicing, loss or destruction while temporarily used as a substitute. County shall be named as an additional insured under both the Bodily Injury and Property Damage Liability Excluding Chemical Liability and Chemical Combined Bodily

Injury and Property Damage Liability coverages. Policy limits shall not be reduced by defense costs. Policy shall be endorsed to be primary and non-contributory with any insurance maintained by or available to the County and shall include a waiver of subrogation in favor of the County.

2.27. Primary and Excess Coverage.

Any insurance required may be provided by primary and excess insurance policies.

2.28. General Insurance Requirements.

A. All insurance policies shall be issued by insurers licensed and/or duly authorized under Florida Law to do business in the State of Florida and all insuring companies are required to have a minimum rating of A-and a Financial category size of VIII or greater in the "Best Key Rating Guide" published by A.M. Best &

Company, Inc.

B. Approval by County of any policy of insurance shall not relieve Contractor from its responsibility to maintain the insurance coverage required herein for the performance of work or services by the

Contractor or its Subcontractors for the entire term of the Agreement and for such longer periods of time as may be required under other clauses of the Agreement.

C. Waiver of Subrogation. The Contractor hereby waives all rights against the County and its

Subcontractors for damages by reason of any claim, demand, suit or settlement (including workers’ compensation) for any claim for injuries or illness of anyone, or perils arising out of the Agreement. The

Contractor shall require similar waivers from all its Subcontractors. Contractor’s insurance policies shall include a waiver of subrogation in favor of the County. This provision applies to all policies of insurance required under the Agreement (including Workers’ Compensation, and general liability).

D. County Not Liable for Paying Deductibles. For all insurance required by Contractor, the County shall not be responsible or liable for paying deductibles for any claim arising out of or related to the Contractor’s business or any Subcontractor performing work or services on behalf of the Contractor or for the

Contractor’s benefit under the Agreement.

E. Cancellation Notices. During the term of the Agreement, Contractor shall be responsible for promptly advising and providing the County Risk Manager and the Office of Procurement and Contracts with copies of notices of cancellation or any other changes in the terms and conditions of the original insurance policies approved by the County under the Agreement within two (2) business days of receipt of such notice or change.

F. Deductibles and Self-Insured Retentions.

1. Contractors that maintain and administer a self-insured retention or a large deductible formal program exceeding the insurance requirements listed in the Required Types and Limits of Insurance

Chart to fund either program may submit an exception request in accordance with the solicitation section detailing Revisions, Addenda, Questions & Answers to be considered for this solicitation.

The request must include a summary of the program’s design and funding method to manage fund deductibles or self-insured retentions. If additional information is necessary, the County will request more specific information, which must be provided by the Contractor. The County Risk

Manager will review the information submitted and determine whether the program is acceptable to the County.

2. Contractors with no formal risk management program in place to manage and fund deductibles or self-insured retentions may not be considered.

3. Subject to County approval, Contractor may obtain a letter of credit in the amount equivalent to the deductible, which shall remain in effect during the term of the Agreement at no additional cost to the County.

G. Contractor’s obligations or services shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity or insurance defense of additional or named insureds which would otherwise exhaust or be unavailable as to a party or person described in this Contract.

2.29. Proof of Insurance.

A. The Contractor shall be required to furnish evidence of all required insurance in the form of certificates of insurance, which shall clearly outline all hazards covered as itemized herein, the amounts of insurance applicable to each hazard and the expiration dates.

B. The Contractor shall furnish proof of insurance acceptable to the County prior to or at the time of execution of the Agreement and the Contractor shall not commence work or provide any service until the Contractor has obtained all the insurance required under the Agreement and such insurance has been filed with and approved by the County. Upon request from the County, the Contractor shall furnish copies of all required policies and any changes, endorsements, or amendments thereto, immediately, to the County, the County Risk Manager, and Purchasing and Contracts Divisions, prior to and any time after the commencement of any contractual obligations. The Agreement may be terminated by the County, without penalty or expense to County, if at any time during the term of the

Agreement proof of any insurance or copies of any insurance policies required hereunder are not provided to the County upon request.

C. All certificates of insurance shall clearly indicate that the Contractor has obtained insurance of the type, amount and classification required by this Section. No work or services by Contractor or its

Subcontractors shall be commenced until County has approved these policies or certificates of insurance. Further, the Contractor agrees that the County shall make no payments pursuant to the terms of the Agreement until all required proof or evidence of insurance has been provided to the

County. The Agreement may be terminated by the County, without penalty or expense, if proof of any insurance required hereunder is not provided to the County.

D. The Contractor shall file replacement certificates with the County at the time of expiration or termination of the required insurance occurring during the term of the Agreement. In the event such insurance lapses, the County expressly reserves the right to renew the insurance policies at the

Contractor’s expense or terminate the Agreement but County has no obligation to renew any policies.

E. The provisions of these sections, Required Types of Insurance; Insurance Requirements; and Proof of

Insurance, shall survive the cancellation or termination of the Agreement.

2.30. Damages to Rental Equipment.

Rental Contractor(s) agree to purchase such insurance, as they consider necessary to protect their equipment from damage or destruction during the term of this Agreement for rental of equipment. Rental Contractor(s) also agree that the County shall have no obligation for payment of damages of any nature to equipment provided with or without an operator unless clear and convincing evidence demonstrates that gross negligence of either the County or its employees acting within the scope of their employment was the direct cause of such damage or destruction.

Rental Contractor(s) further understand and agree that no employee of the County other than the Procurement and Contract Services Manager is authorized to sign any rental or other agreement that contains terms and conditions other than those contained in this solicitation, and that any signature of a County employee other than the Procurement and Contract Services Manager shall be interpreted as the County’s acknowledgement of delivery only.

2.31. Provide Proof of Insurance.

Provide Proof of Insurance - evidence of required insurance coverage or proof of insurability in the amounts indicated. If available, a properly completed ACORD Form is preferable. Upon award, final forms must contain the correct solicitation and/or project number and Flagler County contact person.

Firms that have owner/operators that have filed a "Notice of Election to be Exempt" shall submit a copy of the notice with the response.

2.32. Insurance Requirement

Before execution of the Agreement by the County and commencement of the operations and/or services to be provided, and during the duration of the Agreement, the Contractor shall file with the County current certificates of all required insurance on forms acceptable to the County, which shall include the following provisions:

A. All insurance policies shall be issued by companies authorized to do business under the laws of the

State of Florida and acceptable to the County.

B. The Certificates shall clearly indicate that the Contractor has obtained insurance of the type, amount and classification as required for strict compliance with this insurance section.

C. No material change or cancellation of the insurance shall be effective without thirty (30) days prior written notice to the County.

The Contractor shall require and ensure that each of its subcontractors providing services here under (if any) procures and maintains, until the completion of the services, insurance of the types and to the limits specified herein.

Coverage Required – Unless otherwise specified, the Contractor shall, at its sole expense, maintain in effect at all times during the performance of the services insurance coverage with limits not less than those set forth below and with insurers and under forms of policies satisfactory to County.

Coverage

Minimum Amounts and Limits

• Worker's Compensation o Statutory requirements at location of Work

• Employer's Liability o $ 1,000,000 each occurrence o $ 1,000,000 disease, aggregate o $ 1,000,000 disease, each employee

• Commercial General Liability o $ 2,000,000 General Aggregate o $ 2,000,000 Products-Comp. Ops Aggerate o $ 1,000,000 Each Occurrence o $ 500,000 Fire Damage o $ 0 Medical Expense

• Automobile Liability o $ 1,000,000 Combined Single Limit (owned, hired and non-owned) o Option of Split Limits:

▪ Bodily Injury

• $ 1,000,000 per Person

• $ 1,000,000 per Accident

▪ Property Damage

• $ 1,000,000

• Professional Liability o $ 1,000,000 per claim o $ 1,000,000 annual aggregate (when applicable)

Insurance carrier(s) must have a minimum financial rating of A-.

Coverage shall apply to the indemnity provided to Flagler County and shall include Flagler County its officers and employees, as additional insureds, as regards to liability arising out of the Contractor's performance of the work or the work performed by others on behalf of the Contractor under this Agreement. The insurance afforded to the County shall state that it is primary insurance and shall provide for a severability of interest or cross-liability clause. Prior to entering into the Agreement with the County, the Contractor shall furnish

County with Certificates of Insurance (identifying on the face thereof the Project name and Agreement number) as evidence of the above required insurance and such Certificates shall include the following language: Flagler County BOCC as additional insured and an endorsement for which has been issued, subject to a requirement for recurring certificate of insurance every fifteen (15) days from the contract award date until, all obligations under the Contract/Agreement are completed.

Alternatively, in lieu of recurring certificates, the Contractor or Contractor may provide a certificate of insurance that contains a provision that coverage afforded under the policies will not be cancelled until at least thirty (30) days prior written notice has been given to the County, except that in the event of cancellation for nonpayment of premium the County shall receive notice as prescribed by state law (10 days). The cancellation clause should read as follows: “Should any of the described policies be canceled or material modified before the expiration date thereof, the issuing company will mail 30 day prior written notice to the certificate holder named below, except that in event of cancellation for nonpayment of premium, the notice shall be 10 days unless a longer time is prescribed by Florida Statute.”

The County will not maintain any insurance on behalf of the Contractor covering loss or damage to the work or to any other property of the Contractor.

None of the requirements contained herein as to types, limits and approval of insurance coverage to be maintained by the Contractor are intended to and shall not in any manner limit or qualify the liabilities or obligations assumed by the Contractor under the Agreement.

The Contractor shall deliver the original Certificate of Insurance and one copy to the agent of the County.

Notices, in original and one copy, of cancellation, termination and alteration of such policies shall also be provided to the agent of the County.

3. Vendor Response

1. Are you able to provide the requested goods or services as described in the requirements of this Intent to Single Source?*

☐ Yes

☐ No

*Response required

When equals "Yes"

1.1. Please upload documentation that you are an authorized vendor for this product/service.*

*Response required