Exhibit_B_-_Insurance_Requirements.pdf

EXHIBIT B

INSURANCE REQUIREMENTS

WATER TREATMENT PLANT IMPROVEMENTS

PHASE 1: BUILDOUT OF THE EXISTING NANOFILTRATION FACILITY

CONTRACTOR shall not commence services under the terms of this Agreement until certification or proof of insurance detailing terms and provisions has been received and approved in writing by the CITY’s Risk Manager. If you are responding to a bid and have questions regarding the insurance requirements hereunder, please contact the City's Purchasing Department at (954) 786-4098. If the contract has already been awarded, please direct any queries and proof of the requisite insurance coverage to City staff responsible for oversight of the subject project/contract.

CONTRACTOR is responsible to deliver to the CITY for timely review and written approval/disapproval Certificates of Insurance which evidence that all insurance required hereunder is in full force and effect and which name on a primary basis, the CITY as an additional insured on all such coverage. Such policy or policies shall be issued by United States Treasury approved companies authorized to do business in the State of Florida. The policies shall be written on forms acceptable to the City’s Risk Manager, meet a minimum financial A.M.

Best and Company rating of no less than Excellent, and be part of the Florida Insurance

Guarantee Association Act. No changes are to be made to these specifications without prior written approval of the City’s Risk Manager.

Throughout the term of this Agreement, CITY, by and through its Risk Manager, reserve the right to review, modify, reject or accept any insurance policies required by this Agreement, including limits, coverages or endorsements. CITY reserves the right, but not the obligation, to review and reject any insurer providing coverage because of poor financial condition or failure to operate legally.

Failure to maintain the required insurance shall be considered an event of default. The requirements herein, as well as CITY’s review or acceptance of insurance maintained by

CONTRACTOR, are not intended to and shall not in any way limit or qualify the liabilities and obligations assumed by CONTRACTOR under this Agreement.

Throughout the term of this Agreement, CONTRACTOR and all subcontractors or other agents hereunder, shall, at their sole expense, maintain in full force and effect, the following insurance coverages and limits described herein, including endorsements.

A. Worker’s Compensation Insurance covering all employees and providing benefits as required by Florida Statute, Chapter 440, regardless of the size of the company (number of employees) or the state in which the work is to be performed or of the state in which Contractor is obligated to pay compensation to employees engaged in the performance of the work. Contractor further agrees to be responsible for employment, control and conduct of its employees and for any injury sustained by such employees in the course of their employment.

B. Liability Insurance.

(1) Naming the City of Pompano Beach as an additional insured as City’s interests may appear, on General Liability Insurance only, relative to claims which arise from

Contractor’s negligent acts or omissions in connection with Contractor’s performance under this

Agreement.

(2) Such Liability insurance shall include the following checked types of insurance and indicated minimum policy limits.

Type of Insurance Limits of Liability

GENERAL LIABILITY: Minimum $2,000,000 Per Occurrence and

$4,000,000 Per Aggregate

* Policy to be written on a claims incurred basis

XX comprehensive form bodily injury and property damage

XX premises - operations bodily injury and property damage

XX_ explosion & collapse hazard

XX underground hazard

XX products/completed bodily injury and property damage combined operations hazard

XX contractual insurance bodily injury and property damage combined

XX broad form property damage bodily injury and property damage combined

XX independent contractors personal injury

XX personal injury

XX CG2010 ongoing operations (or its’ equivalent)

XX CG 2037 completed operations (or its’ equivalent)

__ sexual abuse/molestation Minimum $1,000,000 Per Occurrence and Aggregate

AUTOMOBILE LIABILITY: Minimum $1,000,000 Per Occurrence and $2,000,000 Per

Aggregate. Bodily injury (each person) bodily injury

(each accident), property damage, bodily injury and property damage combined.

XX comprehensive form Minimum $10,000/$20,000/$10,000

XX owned (Florida’s Minimum Coverage)

XX hired

XX non-owned

X

EXCESS/UMBRELLA LIABILITY

XX * Must written on a true follow form basis. Per Occurrence Aggregate other than umbrella bodily injury and $10,000,000 $10,000,000 property damage combined

ENVIRONMENTAL/POLLUTION LIABILITY Per Occurrence Aggregate

XX * Policy to be written on a claims made basis. $5,000,000 $5,000,000

Coverage should expressly include sudden and gradual pollution events, cleanup costs, third-party injury and property damage, transportation-related pollution, and pollution arising from contractor operations.

Relevant exposures include releases of treatment chemicals, contaminated water, improper dewatering, underground contamination and waste handling.

For claims-made policies, require a retroactive date no later than commencement of relevant work and continuity or an extended reporting period sufficient to provide six years of post-completion protection.

PROFESSIONAL LIABILITY Per Occurrence Aggregate

XX * Policy to be written on a claims made basis $2,000,000 $2,000,000

If the contractors or subcontractors that perform engineering, delegated design, process design, structural calculations, specialized control-system design, or other licensed professional services or if the firm assumes substantial design-build responsibility or high-consequence process-system design, Professional Liability is required.

BUILDERS’ RISK LIABILITY

XX_ * Builder's Risk should insure 100% of the completed replacement value of the work, including materials and equipment incorporated into the project, temporary works, and appropriate off-site and transit exposures. The policy must have delay-in-start-up / advance loss-of-revenue or extra-expense coverage. The policy should identify the City, contractor, and subcontractors as insureds or parties with insured interests, as applicable.

__Existing structures and equipment. Coverage must Include named storm, wind and hail and include flood coverage with an established project-specific limit based on the City’s flood exposure and probable maximum loss and must include coverage for Fire, explosion, theft and vandalism, collapse and water damage. Must include coverage for cold testing, hot testing and start-up as well as coverage for mechanical and electrical systems breakdown. For materials in transit /off-site storage must provide coverage to insure full exposed value, including major long-lead equipment. And, must include debris removal coverage. Must include coverage for expediting expenses, professional fees/additional construction expenses

(3) If Professional Liability insurance is required, Contractor agrees the indemnification and hold harmless provisions of the agreement and shall survive the termination or expiration of the Agreement for a period of three (3) years unless terminated sooner by the applicable statute of limitations.

C. Employer’s Liability. CONTRACTOR and all subcontractors shall, for the benefit of their employees, provide, carry, maintain and pay for Employer's Liability Insurance in the minimum amount of One Hundred Thousand Dollars ($100,000.00) per employee, Five Hundred

Thousand Dollars ($500,000) per aggregate.

D. Policies: Whenever, under the provisions of this Agreement, insurance is required of the CONTRACTOR, the CONTRACTOR shall promptly provide the following:

(1) Certificates of Insurance evidencing the required coverage;

(2) Names and addresses of companies providing coverage;

(3) Effective and expiration dates of policies; and

(4) A provision in all policies affording CITY thirty (30) days written notice by a carrier of any cancellation or material change in any policy.

E. Insurance Cancellation or Modification. Should any of the required insurance policies be canceled before the expiration date, or modified or substantially modified, the issuing company shall provide thirty (30) days written notice to the CITY.

F. Waiver of Subrogation. CONTRACTOR hereby waives any and all right of subrogation against the CITY, its officers, employees and agents for each required policy. When required by the insurer, or should a policy condition not permit an insured to enter into a pre-loss agreement to waive subrogation without an endorsement, then CONTRACTOR shall notify the insurer and request the policy be endorsed with a Waiver of Transfer of Rights of Recovery Against

Others, or its equivalent. This Waiver of Subrogation requirement shall not apply to any policy which includes a condition to the policy not specifically prohibiting such an endorsement, or voids coverage should CONTRACTOR enter into such an agreement on a pre-loss basis.

G. Payment and Performance Bond. Florida Statue Section 255.05, requires contractors who enters into a contract with the City to purchase a payment and performance bond when the contract is in excess of $200,000. The payment and performance bond amount must be equal to the project size.