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Vendors, Providers, and Contractors

Required Certificate of Insurance

The university can be exposed to risk when using contractors, consultants, service providers, and/or vendors to provide goods or services or when outside organizations and individuals use university premises and/or facilities. University policy requires that contractors, consultants, service providers, and/or vendors doing business with the university, as well as outside organizations and individuals using university premises and/or facilities, maintain liability insurance and other insurance as necessary to reasonably protect the university's financial interests, and in amounts deemed adequate by the university. In order to protect the university's interests, and other parties as necessary, any business working with Brandeis University is required to submit a current Certificate of Insurance to Procurement Services prior to commencement of service or work. Certificates of Insurance may be scanned to Procurement Services or sent by mail to:

Brandeis University

Attn: Procurement Services, MS048

415 South St.

Waltham, MA 02453

Indemnification

Contractors, consultants, service providers and/or vendors who provide goods or services to the university, as well as outside organizations and individuals who use university premises and/or facilities, shall indemnify the university against all loss, damage, and expense which it may sustain or for which it will become liable on account of injury to or death of persons, or on account of damage to or destruction of property resulting from the performance of work, the provision of goods or services, and/or the use of university premises and/or facilities, or due to or arising in any manner from Providers'/Users' wrongful acts or negligence, or of any employee of any of them.

Insurance Requirements

Insurance coverage serves as part of the financial backing for the liability assumed by a contracting party through the indemnification language in a contract. Instead of intentionally utilizing its own assets to support the liability, the contracting party is transferring the risk to the insurance company in return for payment of the insurance premium. Without insurance, most contractors / vendors would not be able to meet their indemnification obligations when a significant loss occurs.

ALL policies shall be written by insurance companies with an A.M. Best rating of A- or better and licensed to do business in the Commonwealth of Massachusetts and be acceptable to Brandeis University.

ALL Certificates of Insurance shall contain substantially the following statement: "Should any of the above described policies be canceled before their expiration date, the issuing company will mail THIRTY (30) days written notice to Brandeis University."

Each insurance certificate must contain the following statements as evidence of the required endorsements:

1. Brandeis University is to be named as an "Additional Insured" on a primary, non-contributing basis on the General Liability, Automobile, Umbrella Policies and Professional Liability as their interests may appear and a copy of the endorsement should be sent to Procurement Services before any contract is executed
2. Waiver of Transfer of Rights of Recovery (or waiver of Subrogation) in favor of Brandeis University applies on all policies.
3. General Liability General Aggregate is Per Project.

Minimum Insurance Requirements

1. Commercial General Liability

• Limits
  • $2,000,000 - General Aggregate
  • $2,000,000 - Products/Completed Op Aggregate
  • $2,000,000 - Personal & Advertising Injury
  • $2,000,000 - Each Occurrence
  • $50,000 - Fire Damage
  • $5,000 - Medical Expense
• There should be no exclusion for:
  • Operations and Premises
  • Products/Completed Operations Liability
  • Owners and Contractors Protective
  • Explosion, Collapse and Underground
  • Limiting Coverage's with respect to environmental hazards

2. Worker's Compensation and Employer's Liability Insurance

• Worker's Compensation
  • Statutory Requirement
• Employers Liability
  • $100,000 bodily injury each accident
  • $100,000 bodily injury by disease for each employee
  • $500,000 bodily injury/disease aggregate
• Statutory worker's compensation covering each and every worker employed in connection with the work as provided in the statutes applicable to worker's compensation.

With very limited exceptions, state laws require all businesses to either purchase workers’ compensation coverage or become an authorized self-insurer by statute. (Exceptions include businesses whose legal status is a Partnership, Limited Liability Partnership, Professional Limited Liability Partnership, Limited Liability Company, Professional Limited Liability Company or Sole Proprietorship and the business has no employees.)

3. Automobile Liability

• Limits
  • Combined Single Limit of $1,000,000 - Bodily Injury/Property Damage
• Coverage must include
  • All owned or Leased Vehicles
  • Non-Owned Car
  • Hired Car

If a vendor does not drive on Brandeis’ premises, this requirement may be waived by the Office of Risk Management.

4. Umbrella Liability

• Limits
  • $5,000,000 - each occurrence/aggregate
• Coverage is in excess of General Liability, Automobile Liability, Worker's Compensation Coverage and any required Environmental or Professional Liability Insurance purchased.

Note: Umbrella/Excess Liability insurance provides additional coverage limits over a primary (GL) insurance policy. Excess Liability only applies to a single policy. An Umbrella Liability policy can apply to multiple policies. A standard umbrella liability policy generally provides additional limits to a business’s Commercial General Liability, Business Automobile Liability and Employer’s Liability policies.

The minimum required limits may be increased if the scope and/or risk associated with the contractor/vendor activities are greater than usual Brandies activities/projects.

5. Professional Liability (errors, omissions, and negligent acts)

• Limits
  • $2,000,000 - each occurrence/aggregate

Professional liability insurance is different because it can take time for someone to be aware of damage caused by a professional. Therefore, this insurance must be set up to provide coverage even after the services were rendered. The university requires assurance that coverage will be in force up to 2 years after the service is provided.



Insurance requirements for architects and engineers and sub-consultants may be different. Contact the Office of Risk Management to verify the insurance requirements.

Exceptions to Minimum Insurance Requirements

• The Office of Risk Management may develop exceptions to these insurance limit requirements, in conjunction with university and campus administrators, following a process of risk identification and evaluation. If they determine that little or no risk is involved, the limits may be lowered or the requirement removed. Conversely, if it is determined that additional risk is involved, the limits may be raised.
• Purchases that are so small they do not require a purchase order or contract do not need insurance verification.