Attachment D ATTACHMENT D
INSURANCE REQUIREMENTS
Amount of Bond Ratings Catecory
500,001 to 1,000,000 B+ Class I
1,000,001 to 2,000,000 B+ Class II
2,000,001 to 5,000,000 A Class III
5,000,001 to 10,000,000 A Class IV
10,000,001 to 25,000,000 A Class V
25,000,001 to 50,000,000 A Class VI
50,000,001 or more A Class VII
6.2. For projects of$500,000.00 or less, City may accept a Bid Bond, Performance Bond and
Payment Bond from a surety company which has twice the minimum surplus and capital
required by the Florida Insurance Code at the time the invitation to bid is issued, if the
surety company is otherwise in compliance with the provisions of the Florida Insurance
Code, and if the surety company holds a currently valid certificate of authority issued by
the United States Department of the Treasury under Section 9304 to 9308 of Title 31 of
the United States Code, as may be amended from time to time. The Certificate and
Affidavit so certifying (Form 00722) should be submitted with the Bid Bond and also with
the Performance Bond and Payment Bond.
6.3. More stringent requirements of any grantor agency are set forth within the Supplemental
Conditions. If there are no more stringent requirements, the provisions of this section
shall apply.
7. Indemnification
7.1 Contractor shall indemnify and hold harmless City, its officers, agents, directors, and
employees, from liabilities, damages, losses, and costs, including, but not limited to
reasonable attorney's fees, to the extent caused by the negligence, recklessness or
intentional wrongful misconduct of Contractor and persons employed or utilized by
Contractor in the performance of this Agreement. Except as specifically provided herein,
this Agreement does not require Contractor to indemnify City, its employees, officers,
directors, or agents from any liability, damage, loss, claim, action, or proceeding. These
indemnifications shall survive the term of this Agreement. In the event that any action or
proceeding is brought against City by reason of any such claim or demand, Contractor
shall, upon written notice from City, resist and defend such action or proceeding by
counsel satisfactory to City.
7.2 The indemnification provided above shall obligate Contractor to defend at its own
expense to and through appellate, supplemental or bankruptcy proceeding, or to provide
for such defense, at City's option, any and all claims of liability and all suits and actions
of every name and description covered by Section 6.1 above which may be brought
against City whether performed by Contractor , or persons employed or utilized by
Contractor.
8. Insurance Requirements:
8.1 The Bidder shall furnish to the Procurement Department, City of Miami Beach, 1755
Meridian Avenue, 3id Floor, Miami, Florida 33139, Certificate(s) of Insurance which
indicate that insurance coverage has been obtained which meets the requirements as
outlined below:
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A. Worker's Compensation Insurance as required by Florida, with Statutory
limits and Employer's Liability Insurance with limit of no less than $1,000,000
per accident for bodily injury or disease.
B. Commercial General Liability Insurance on an occurrence basis, including
products and completed operations, contractual liability, property damage,
bodily injury and personal & advertising injury with limits no less than
$2,000,000 per occurrence.
C. Automobile Liability Insurance covering all owned, non-owned and hired
vehicles used in connection with the work, in an amount not less than
$2,000,000 combined single limit per occurrence, for bodily injury and
property damage.
D. Builders Risk Insurance utilizing an "All Risk" coverage form, with limits equal
to the completed value of the project and no coinsurance penalty. (City of
Miami Beach shall be named as a Loss Payee on this policy, as its interest
may appear. This policy shall remain in force until acceptance of the project
by the City.)
E. Umbrella Liability with limits no less than $10,000,000. The umbrella
coverage must be as broad as the primary General Liability coverage.
F. Contractors' Pollution Legal Liability (if project involves environmental
hazards), with limits no less than $1,000,000 per occurrence or claim, and
$2,000,000 policy aggregate.
8.2 Additional Insured Status
The City of Miami Beach must be covered as an additional insured with respect to
liability arising out of work or operations performed by or on behalf of the Consultant.
8.3 Waiver of Subrogation
Contractor hereby grants to City of Miami Beach a waiver of any right to subrogation
which any insurer of the Contractor may acquire against the City of Miami Beach by
virtue of the payment of any loss under such insurance. Contractor agrees to obtain any
endorsement that may be necessary to affect this waiver of subrogation, but this
provision applies regardless of whether or not the City of Miami Beach has received a
waiver of subrogation endorsement from the insurer.
Other Insurance Provisions
1. For any claims related to this project, the Contractor's coverage shall be
primary insurance as respects the City of Miami Beach, its officials, officers,
employees, and volunteers. Any insurance or self-insurance maintained by the
City of Miami Beach shall be excess of the Contractor's insurance and shall not
contribute with it.
2. Each policy required by this clause shall provide that coverage shall not be
canceled, except with notice to the City of Miami Beach.
3. If any excavation work is included in the Contract, it is understood and agreed
that Contractor's Liability policy shall not contain exclusion for XCU (Explosion,
Collapse and Underground) coverage.
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If any coverage required is written on a claims-made form:
4. The retroactive date must be shown, and must be before the date of the
contract or the beginning of contract work.
5. Insurance must be maintained and evidence of insurance must be provided for
at least five (5) years after completion of the contract of work.
6. If coverage is canceled or non-renewed, and not replaced with another claims-
made policy form with a retroactive date prior to the contract effective date, the
Contractor must purchase extended period coverage for a minimum of five (5)
years after completion of the contract work.
7. A copy of the claims reporting requirements must be submitted to the City of
Miami Beach Risk Management (or its designee)for review.
8. If the services involved lead-based paint or asbestos identification/ remediation,
the Contractors Pollution Liability shall not contain lead-based paint or asbestos
exclusions. If the services involve mold identification/remediation, the
Contractors Pollution Liability shall not contain a mold exclusion and the
definition of"Pollution" shall include microbial matter including mold.
8.4 Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best's rating of no
less than A:VII, unless otherwise acceptable to the City of Miami Beach Risk
Management Office.
8.5 Verification of Coverage
Contractor shall provide the required insurance certificates, endorsements or
applicable policy language effecting coverage required by this Section. All
certificates of insurance and endorsements are to be received prior to any work
commencing. However, failure to obtain the required coverage prior to the work
beginning shall not waive the Contractor's obligation to provide them. The City
of Miami Beach reserves the right to require complete, certified copies of all
required insurance policies, including endorsements required by these
specifications, at any time.
8.6 Special Risks or Circumstances
The City of Miami Beach reserves the right to modify these requirements,
including limits, based on the nature of the risk, prior experience, insurer,
coverage, or other special circumstances.
Certificate Holder:
CITY OF MIAMI BEACH
do PROCUREMENT DEPARTMENT
1700 CONVENTION CENTER DRIVE
MIAMI BEACH, FL 33139
Compliance with the foregoing requirements shall not relieve the vendor of his liability
and obligation under this section or under any other section of this agreement.
9. Labor and Materials:
9.1. Unless otherwise provided herein, Contractor shall provide and pay for all
materials, labor, water, tools, equipment, light, power, transportation and other
facilities and services necessary for the proper execution and completion of the
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