Exhibit_B_-_Bond_and_Insurance.pdf

Exhibit B - Insurance and Bonds Construction Manager at Risk

Fire Training Complex City of St. Petersburg, Florida

Project No. 22209-218

I. INSURANCE

The Construction Manager shall not commence Work under the Contract until all insurance required below has been obtained and approved by the Owner. The Construction Manager shall not allow any Subcontractor to commence Work on a subcontract until all insurance required of the Subcontractor has been obtained and approved. If a Subcontractor does not obtain insurance in its own name and its principal Construction Manager wishes to provide insurance protection for such Subcontractor and such Subcontractor’s employees, a rider shall be attached to the principal Construction Manager’s policy, which rider shall identify the persons thereby covered or else the principal Construction Manager shall obtain appropriate policies in the name of the Subcontractor.

The Construction Manager shall provide the Owner with Certificates of Insurance for all new and renewal insurance policies. Certificates shall name the City of St. Petersburg as an additional insured except for the Workers’ Compensation and Professional Liability insurance and show the City of St. Petersburg as the Certificate Holder. No insurance policy required herein may be canceled, non-renewed, or adversely changed without thirty days written notice to the Owner.

Insurance shall be maintained at all times by the Construction Manager until final acceptance of the Work by the Owner except for completed operations coverage which shall be maintained for a period of one year beyond final acceptance of the Project. Completed operations coverage shall not serve to limit the liability of the Construction Manager.

All insurance required shall be on a primary and noncontributory basis and shall be provided by responsible insurers licensed in the State of Florida and rated at least A- in the then current edition of AM Best’s Rating Services, or similar rating agency acceptable to the City.

If the insurance carried by the Construction Manager has broader coverage than required in this Agreement, then that broader coverage, including but not limited to additional insured requirements, shall be the requirement in this Agreement. If the Construction Manager’s insurance limits are greater than the minimum limits set forth herein, then the Construction Manager’s insurance limits shall be the required limits in this Agreement.

Certificates of Insurance shall be delivered to the Procurement & Supply Management Director.

Failure to provide Certificates or failure to renew Insurance shall not relieve the Construction Manager of the responsibility to provide insurance as required. At the Owner’s request, the Construction Manager shall allow the Owner and/or the Owner’s designated representative to come to its local office, during regular business hours, to review complete copies of Construction Manager’s and all its Subcontractor’s insurance policies. The Owner shall have the right to take notes during its review of the policies. Receipt of Certificates of Insurance which indicate less coverage than required does not constitute a waiver of the Construction Manager’s obligation to fulfill the insurance requirements herein.

The Construction Manager may, at its option, provide the limits of liability as set out herein by a combination of the policies described herein, including an Umbrella or Excess Liability Insurance Policy. Any Excess or Umbrella policy must provide coverage on at least a following form basis and must include completed operations and excavation, collapse and underground coverage, along with professional liability.

Approval of the insurance by the Owner shall not in any way relieve or decrease the liability of the Construction Manager. It is expressly understood that the Owner does not in any way represent that the specified limits of liability or coverage or policy forms are sufficient or adequate to protect the interest or liabilities of the Construction Manager.

The Construction Manager’s deductibles or self-insured retention may be disapproved by the Owner. All responsibility for payment of any sums resulting from any deductible provisions, corridor, or self-insured retention conditions of the policy or policies shall remain with the Construction Manager.

Construction Manager hereby waives all subrogation rights of its insurance carriers in favor of the Indemnified Parties. This provision is intended to waive fully, and for the benefit of the Indemnified Parties, any rights or claims which might give rise to a right of subrogation in favor of any insurance carrier.

The City reserves the right to change or alter the above insurance requirements as it deems necessary.

A. Workers' Compensation

Coverage:

The Construction Manager shall obtain and maintain during the life of the Contract, Workers' Compensation Insurance for all of Construction Manager’s employees employed at the site of the Project. Coverage should include Employers Liability, Voluntary Compensation and U.S.

Longshore and Harbor Workers' Act coverage where applicable.

If any work is subcontracted, the Construction Manager shall require each Subcontractor to provide Workers' Compensation Insurance for all the Subcontractor’s employees unless such employees are covered by the Workers' Compensation Insurance afforded by the Construction Manager.

The Construction Manager and Subcontractors shall purchase any other insurance or coverage required by law for the benefit of their employees. The Construction Manager and Subcontractors shall obtain and maintain such insurance and coverage in amounts not less than the following:

Limits:

Workers' Compensation - as required by Florida Law Employer’s Liability - $500,000 each Accident Employer's Liability - Disease - $500,000 each Employee/Policy Limit

B. Commercial General Liability

The Construction Manager shall obtain and maintain during the life of the Contract, such Commercial General Liability Insurance as shall provide coverage for the Construction Manager, Subcontractors, and the Owner from claims for bodily injury and personal injury, including accidental death, as well as from claims for property damage which may arise from operations under the Contract, whether such operations be by the Construction Manager or by any Subcontractors, or any of their agents, representatives, guests, employees, invitees or anyone contracting with Construction Manager or by anyone directly or indirectly employed by any of them.

Explosion, collapse and underground hazards shall be covered by the Construction Manager’s and Subcontractor’s Commercial General Liability Insurance. If such policy does not cover asbestos abatement liability, then a separate asbestos abatement policy with a limit of no less than $5,000,000 is required, on applicable projects.

A separate general aggregate limit of liability shall apply to the Project in the Contract. If the Construction Manager works on more than one project, a general aggregate shall apply to each of such projects. The project(s) shall be specifically described in the endorsement.

Limits:

Occurrence type Commercial General Liability in amounts not less than:

Each Occurrence Limit - $5,000,000 General Aggregate Limit applicable per Project - $5,000,000 Products and Completed Operations Aggregate Limit - $5,000,000 Personal and Advertising Injury Limit - $5,000,000 Medical Expense Limit - Optional

C. Automobile Liability Insurance

The Construction Manager shall obtain and maintain Automobile Liability Insurance providing liability coverage for “any auto”, which shall include, but not be limited to, all leased, owned, non-owned, and hired vehicles.

Limits:

Combined Single Limit - $1,000,000 each Accident

D. Builder’s Risk Insurance

Construction Manager shall obtain and maintain Builder’s Risk Insurance insuring the Construction Manager’s work at the site to its full insurable replacement value prior to any work commencing. This insurance shall insure the interests of the Owner, the Construction Manager, and all Subcontractors in the Work and shall insure against special form causes of loss (all risk perils) including fire, lightning, windstorm, named windstorm, flood, explosion and collapse during construction for replacement cost (including fees and charges of engineers, architects, attorneys and other professionals). The Construction Manager shall obtain and maintain similar property insurance on equipment, materials, supplies and other property and portions of the Work stored on or off site or in transit. Builder’s Risk Insurance shall be endorsed to permit occupancy until such time as the facilities are completed and accepted by the Owner and written notice of that fact has been issued by the Owner. The policy must also include coverage for loss or delay in startup or completion of the Required Capital Improvements and Improvements including income and soft cost coverage, (to include but not limited to fees and charges of engineers, architects, attorneys, and other professionals). Builder’s Risk Insurance shall also provide coverage to installed equipment and building systems that must undergo testing or commissioning to prove its ability or function. City shall be listed as a named insured and a loss payee under the Builders Risk Policy.

E. Pollution/Environmental Liability Insurance

Construction Manager shall obtain and maintain Pollution/Environmental Liability Insurance, covering sudden and gradual pollution conditions including the discharge, release, or escape of fumes, vapors, smoke, acids, alkalis, asbestos, toxic chemicals, liquids or gases, waste materials, or other contaminants, irritants, or pollutants into or upon any structure, land, body of water, or atmosphere. Coverage shall include bodily injury, property damage, loss of use of tangible property whether or not it has not been physically injured or destroyed, cleanup and remediation costs, penalties or fines, and defense costs including costs incurred in the investigation or adjustment of the claim. Coverage may be provided by a stand-alone policy or by endorsement(s) to one of Construction Manager’s other policies. Coverage shall be provided both for the use of pollutants on site and during transit. If the policy is on a claims made basis, it must include the retroactive date of coverage and shall be maintained for at least two (2) years past the date that the Work is completed.

Limits:

Each Occurrence - $3,000,000

II. PUBLIC CONSTRUCTION BOND

The Construction Manager shall furnish a Public Construction Bond executed by a surety company duly authorized to do business in the state of Florida which shall be executed on the Owner’s bond form attached hereto. The amount of the bond shall be equal to the cumulative amount of the Guaranteed Maximum Price, as security for the faithful performance of the Contract and as security for the payment by the Construction Manager of all persons performing the Contract. The Surety company shall have a rating classification of “A” and a financial category of Class VII as evaluated in the current Best’s Key Rating Guide, Property - Liability.

In lieu of the Public Construction Bond, the Construction Manager may furnish to the Owner an alternative form of security in the form of cash, money order, certified check, cashier’s check, or a security of a type listed in Chapter 625, Part II, of the Florida Statutes and acceptable to the City Attorney. Any such alternative form of security shall be subject to the same conditions as those applicable to the Construction Bond required by this section and Chapter 255 of the Florida Statutes.

The Public Construction Bond shall remain in effect for at least one year beyond the date of final acceptance by the Owner. The Construction Manager shall supply the City with a copy of the Public Construction Bond that has been recorded in the public records of Pinellas County.

Alternative forms of security will be returned to the Construction Manager not later than thirty (30) days following the expiration of the guarantee period.

00692478 August 2023 CMAR