RFP-25-1_Addendum_1.pdf

RFP-25-1 Page 1 Addendum #1

CANAVERAL PORT AUTHORITY

Cruise Terminal 5 Expansion

PN 25-011B

RFP-25-1

Addendum #1

November 8, 2024

This addendum is issued as part of the Bidding Documents for the above-described project. The changes incorporated in this addendum shall be considered as a part of the Bidding Documents and shall supersede, amend, add to, clarify, or subtract from those conditions shown in the original Bidding Documents. The Bidder shall take care to coordinate modifications herein with all trades and disciplines related to the work. The Bidder shall acknowledge receipt of this addendum on their Bid Form by addendum number and date. Failure to do so may subject Bidder to disqualification.

Released Via VendorLink

11 Pages Total (including attachments)

GENERAL

• Selection committee meeting for shortlisting of firms will be held on Monday, December 2, 2024 at 3:00

PM.

SPECIFICATIONS

• Replace section 00 72 23 Insurance Addendum with the new section provided.

DRAWINGS

OTHER DOCUMENTS ISSUED WITH ADDENDUM

END OF ADDENDUM #1

Issued via VendorLink

By Authority of the Canaveral Port Authority

1 – Addendum 1 (Rev. 06/26/2014)

INSURANCE ADDENDUM

I. Insurance Required

Before commencing the Work under the Contract Documents, the Construction Manager shall purchase and maintain such liability and other insurance as is appropriate for the Work performed under its contract with Canaveral Port Authority (sometimes hereinafter referred to as “Owner”) and as required in the specifications below which may arise out of or result from the Construction Manager’s performance of the Work and the Construction Manager’s other obligations under the Contract Documents, whether said obligations are to be performed by the Construction Manager, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable:

A. Workers’ Compensation and Employer’s Liability Insurance:

1. Worker’s compensation insurance, as required by any applicable law or regulation, including, but not limited to, worker’s compensation insurance for all the Construction Manager’s workers at the Project and anyone directly or indirectly employed by the Construction Manager and anyone for whom the Construction Manager may be liable for worker’s compensation claims that may arise out of or result from Work performed pursuant to the Contract Documents, and the Construction Manager shall require all Subcontractors, Sub-subcontractors, and Suppliers to similarly to provide worker’s compensation insurance respectively for each Subcontractor’s, Sub-subcontractor’s, and Supplier’s employees and anyone directly or indirectly employed by such Subcontractors, Sub-subcontractor, and Supplier and anyone for whom such Subcontractors, Sub-subcontractors, and Suppliers may be liable for worker’s compensation claims that may arise out of or result from Work pursuant to the Contract Documents. Workers’ compensation insurance shall include policy endorsements providing an extension of the policy or a separate policy to cover the liability of the insured under the "U.S.

Longshoremen’s and Harbor Workers’ Compensation Act (USL&H)" and/or “Jones Act” as required by applicable law.

2. Employer’s liability including USL&H and Jones Act insurance in the amount of not less than One Million and No/100 Dollars ($1,000,000) for each accident for bodily injury and not less than One Million and No/100 Dollars ($1,000,000) for each employee for bodily injury or disease.

3. Worker’s Compensation Leasing shall not be an approved coverage without prior written approval from the Owner. A Waiver of Subrogation Endorsement is required.

B. General Liability Insurance:

1. Commercial General Liability insurance covering all operations by or on behalf of the Construction Manager and all Subcontractors and Suppliers of every tier providing insurance for bodily injury liability and property damage liability for the limits of liability indicated below and including coverage for:

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(a) premises and operations;

(b) products and completed operations;

(c) Broad Form Property Damage

(d) contractual liability insuring the obligations assumed by Construction

Manager in the Contract Documents,

(e) explosion, collapse and underground hazards; and

(f) personal injury & advertising liability

(g) Products and Completed Operations Extension Endorsement extending

Products and Completed Operations through any applicable statute(s) of repose.

2. The commercial general liability insurance policy shall be written on an occurrence basis (not a "claims made" basis) in a form at least as broad as CG 00 01 and, if not part of such policy, an endorsement deleting any employee exclusion as to personal injury coverage. Commercial general liability shall be written on a per project basis. Neither a "claims made" nor a “modified occurrence” policy form is acceptable without prior written approval.

3. Endorsements restricting, limiting or eliminating PRODUCT or

COMPLETED OPERATIONS coverages above shall be identified and approved in writing by Owner. A Total Pollution exclusion shall have a Hostile Fire Exception.

4. A waiver of subrogation endorsement is required, issued in favor of

Owner.

5. Deductible/Self Insured Retention (SIR) Provisions shall be noted on

Certificate of Insurance.

6. Limits of Liability Shall not be less than:

$10,000,000 Each Occurrence $10,000,000 Personal and Advertising Injury $20,000,000 General Aggregate $20,000,000 Products and Completed Operations Aggregate.

C. Automobile Liability Insurance

Automobile liability insurance (bodily injury and property damage liability) covering liability arising out of any automobile (including owned, hired, and non-owned automobiles) having limits of liability of not less than One Million and No/100 Dollars ($1,000,000) combined single limit each accident for bodily injury and property damage combined. The automobile liability insurance policy shall be written on a form that provides coverage equal to or greater than that provided in ISO Form CA 0001.

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D. Commercial Umbrella / Excess Liability Insurance

The Construction Manager shall also carry commercial follow form umbrella/excess liability insurance, which will be identified to Owner, in the amount of Ten Million and No/100 Dollars ($10,000,000). The commercial follow form umbrella/excess liability insurance shall have the same inception and expiration dates as the underlying liability policies and shall provide coverage no less broad than those in the primary policies.

E. Builder’s Risk Insurance

Owner shall purchase and maintain Builder’s Risk Insurance upon the work at the site in an amount equal to 100 percent of the contract award amount (subject to such deductible amounts as may be provided in I(E)(7) or required by Laws and Regulations). Owner reserves the right to modify the amount of property insurance/Builder’s Risk and any sublimits to property insurance being provided at their discretion. This insurance shall:

1. Include the interests of Owner, Construction Manager, Subcontractors, Sub-subcontractors, Engineer, Related Entity, and any other persons or entities identified in this Agreement, each of whom is deemed to have an insurable interest and shall be listed as an insured or additional insured for their respective rights and interests as detailed therein.

2. Be written on a Builder's Risk "all-risk" or open peril or special causes of loss policy form that shall at a minimum include insurance for physical loss and damage to the Work, temporary buildings, falsework and Work in transit within the U.S. and shall insure against a minimum the following perils: windstorm, flood, fire, lightning, extended coverage, theft, vandalism and malicious mischief, earthquake, collapse, debris removal, demolition occasioned by enforcement of Laws and Regulations as a result of damage, water damage (other than caused by flood), and such other perils. This coverage will not cover any of Construction Manager’s or Subcontractors’ tools, equipment, machinery or provide any business interruption or time element coverage to the contractors.

3. Include expenses incurred in the repair or replacement of any insured property (including but not limited to fees and charges of Engineers and Architects).

4. Cover materials and equipment in transit within the U.S. for incorporation in the Work or stored at the site or at another location that is agreed to in writing by Owner prior to being incorporated in the Work, provided that such materials and equipment are included in an Application for Payment recommended by Engineer; and

5. Be maintained in effect until substantial completion is obtained unless otherwise agreed to in writing by Owner, Construction Manager and Engineer with thirty days written notice to each other and additional insured to whom a certificate of insurance is issued.

6. All the policies of insurance (and the certificates or other evidence thereof) required to be purchased and maintained in accordance with I(E) will contain a provision or endorsement that the coverage afforded will not be canceled or materially changed

4 – Addendum 1 (Rev. 06/26/2014) or renewal refused until at least 30 days prior written notice has been given to Owner and Construction Manager and to each other additional insured to whom a certificate of insurance has been issued and will contain waiver provisions in accordance with I(E)(8).

7. Owner shall be responsible for the deductible for claims resulting from the following perils: (Named) Windstorm, Flood as a result of a weather event, and Earth movement including Earthquake. Construction Manager shall be responsible for up to the first One Hundred Thousand Dollars ($100,000.00) of the deductible amount for all other claims.

8. Waiver of Rights. Owner and Construction Manager intend that all policies purchased in accordance with I(E) will protect Owner, Construction Manager, Subcontractors, and Engineer, and all other individuals or entities identified herein to be listed as insureds or additional insureds (and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them) in such policies and will provide primary coverage for all losses and damages caused by the perils or causes of loss covered thereby. All such policies shall contain provisions to the effect that in the event of payment of any loss or damage the insurers will have no rights of recovery against any of the insureds or additional insureds thereunder. Owner and Construction Manager waive all rights against each other and their respective officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them for all losses and damages caused by, arising out of or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work; and, in addition, waive all such rights against Subcontractors, and Engineer, and all other individuals or entities identified herein to be listed as insured or additional insured (and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them) under such policies for losses and damages so caused.

None of the above waivers shall extend to the rights that any party making such waiver may have to the proceeds of insurance held by Construction Manager as trustee or otherwise payable under any policy so issued.

Owner waives all rights against Construction Manager, Subcontractors, and Engineer, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them for:

Loss due to business interruption, loss of use, or other consequential loss extending beyond direct physical loss or damage to Owner’s property or the Work caused by, arising out of, or resulting from fire or other perils whether or not insured by Owner; and loss or damage to the completed Project or part thereof caused by, arising out of, or resulting from fire or other insured peril or cause of loss covered by any property insurance maintained on the completed Project or part thereof by Owner during partial utilization.

Any insurance policy maintained by Owner covering any loss, damage or consequential loss referred to in Paragraph I(E)(8) shall contain provisions to the effect that in the event of payment of any such loss, damage, or consequential loss, the insurers will have no rights of recovery against Construction Manager, Subcontractors, or Engineer, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them.

5 – Addendum 1 (Rev. 06/26/2014)

9. Receipt and Application of Insurance Proceeds. Any insured loss under the policies of insurance required by (I)(E) will be made payable to Owner as fiduciary for the insureds, as their interests may appear, subject to the requirements of any applicable mortgage clause and I(E)(9). Construction Manager shall distribute it in accordance with such agreement as the parties in interest may reach. Owner as fiduciary shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing within 15 days after the occurrence of loss to Owner’s exercise of this power. If such objection be made, Owner as fiduciary shall make settlement with the insurers in accordance with such agreement as the parties in interest may reach. If no such agreement among the parties in interest is reached, Owner as fiduciary shall adjust and settle the loss with the insurers and, if required in writing by any party in interest, Owner as fiduciary shall give bond for the proper performance of such duties.

F. Professional Liability

If Construction Manager or its Subcontractors, Sub-subcontractors, or Suppliers of any tier provide pre-construction, design, or design build services as required by Owner, Construction Manager shall carry project specific Professional Liability Insurance to include contractual coverage and an endorsement allowing cross liability, with a minimum limit of up to $5,000,000 per claim, protecting Construction Manager and Owner from errors and omissions of Construction Manager in connection with the performance of Construction Manager’s Work during and for a period of at least three years after the completion of Construction Manager’s Work. Evidence of coverage in the form of a Certificate of Insurance shall be provided prior to the start of the Work and a complete copy of the policy may be requested by the Owner.

F. Watercraft/Marine Liability Insurance

When Watercraft is used in the performance of the Work, Watercraft/Marine Liability including Protection and Indemnity (P&I) insurance shall be provided and maintained by the Construction Manager, Subcontractors, and Suppliers with Limits of Liability of not less than $30,000,000 per occurrence.

G. Hull Insurance Coverage

When Watercraft is used in the performance of the Work, Hull insurance should be provided and maintained on all vessels/watercraft, unless waived in writing by the Owner’s Risk Management Department.

G. Cyber Liability, or Technology Errors and Omissions Insurance.

If Construction Manager or its Contractors, Subcontractors Sub-subcontractors, Suppliers, Architect, or design professionals of any tier install or utilize any IoT Devices, computer/network-controlled devices, software, or SaaS or offer any services or hardware that

6 – Addendum 1 (Rev. 06/26/2014) can communicate with other hardware, software, or services associated with Owner in the performance of the work under the Contract Documents, they shall maintain Cyber Liability insurance in an amount of not less than $2,000,000 per occurrence. Coverage may be included as part of the required Professional Liability Insurance. Such policy shall cover, at a minimum, the following: Unauthorized Access, Data Loss and System Damage Liability; Security Liability;

Privacy Liability; Privacy/Security Breach Response coverage, including Notification Expenses.

H. Aircraft Liability Insurance

If the Construction Manager or its Subcontractors, Sub-subcontractors, or Suppliers of any tier use any owned, leased, chartered or hired aircraft of any type (including helicopters) in the performance of the work under the Contract Documents, they shall maintain Aircraft Liability insurance in an amount of not less than $10,000,000 per occurrence including Passenger Liability. Evidence of coverage in the form of a Certificate of Insurance shall be provided prior to the start of Work.

I. Pollution Liability Insurance

1. If Construction Manager or its Subcontractors Sub-subcontractors, or

Suppliers of any tier are required to perform remedial hazardous material operations such as asbestos containing materials, containing soil, etc., they must, in addition to the above requirements, carry a "Contractor's Pollution Liability" insurance policy with limits not less than $5,000,000 per occurrence and not less than $10,000,000 aggregate for bodily injury, personal injury and property damage, naming Owner as additional insured.

2. If Construction Manager or its Subcontractors, Sub-subcontractors, or

Suppliers of any tier haul hazardous waste they must carry Automobile Liability insurance with $5,000,000 combined single limit per occurrence for bodily injury and property damage applicable to all hazardous waste hauling vehicles and include MCS 90.

II. Additional Insured Endorsement

Each liability policy required by the Contract Documents and this Addendum shall name as additional insureds the Owner, and the Owner’s agents, employees, representatives, officers, directors, commissioners, and assigns. The liability insurance required herein shall be primary and non-contributory with respect to any other liability insurance maintained by or available to said additional insureds and shall not permit or require any such other coverage maintained by or available to said additional insureds contribute to any loss or damages. The form of additional insured endorsement shall be at least as broad as ISO Form CG 2010 (11/85). If the CG 2010 (11/85) is not available then the combination of CG 2010 (10/01) with CG 2037 (10/01) or their equivalent will be acceptable. The Construction Manager shall supply Owner with certificates furnished on a form acceptable to Owner with respect to all insurance required by this Contract. Construction Manager shall include a copy of the endorsement with the Certificate of Insurance.

7 – Addendum 1 (Rev. 06/26/2014)

III. Cancellation

All insurance policies shall provide that the insurance shall not be canceled, or reduced in an amount or coverage below the requirements of the Contract Documents and this Addendum, without at least thirty (30) days prior written notice (except 10 days for non-payment) to the additional insureds.

IV. Waivers

Any policy of insurance issued pursuant to the insurance required herein, covering the Construction Manager, its Subcontractors, Sub-subcontractors, or Suppliers, shall include an endorsement providing that the underwriters waive their rights of subrogation against the Owner, the Owner’s Representative, the Owner’s lender, and their respective parent companies, subsidiaries, related and affiliated companies, and officers, directors, agents, representatives, employees, assigns, insurance carriers, and attorneys. The Construction Manager hereby waives, and it shall require its Subcontractors to waive, any and all rights of recovery which they or any of them may now have or subsequently may have against the Owner, the Owner’s Representative, the Owner’s lender, and their respective parent companies, subsidiaries, related and affiliated companies, and officers, directors, agents, representatives, employees, assigns, insurance carriers, and attorneys in connection with any insured loss relating to the Work.

V. Additional Provisions

All liability insurance policies described herein shall be endorsed to be primary to, and shall receive no contribution from, any liability insurance policies or self-insurance programs afforded to or available to Owner. All such insurance policies shall be carried by an insurance company or companies that are, at all times, satisfactory to Owner, in full compliance with the provisions of the Florida Insurance Code, approved and licensed to do business in the State of Florida, and have a Best’s Key Rating Guide Property-Casualty United States rating of at least an A- and a financial rating of VII (based on the most current edition of A.M. Best’s Key Rating Guide). All insurance policies described herein must be written on a worldwide jurisdiction and/or provide coverage for Claims and/or lawsuits brought in the United States. To the extent any deductible is permitted or allowed as a part of any insurance policy carried by a party in compliance with this Insurance Addendum, such deductible shall be subject to Owner’s approval. Any such deductibles shall be paid for, assumed by, for the account of and at Construction Manager’s (as applicable) sole risk, and Owner shall not be responsible for the payment of any such deductible.

VI. Certificates of Insurance

1. Certificates of Insurance, as evidence of the insurance required by the Contract Documents, shall be furnished by the Construction Manager to Owner before any work is commenced by Construction Manager at the Project site. Certificate(s) of Insurance shall provide that there will be no cancellation or reduction of coverage without thirty days (30) prior written notice (except 10 days non-payment) to the additional insureds. All additional insured and waiver of subrogation endorsements shall be provided along with the Certificate of

8 – Addendum 1 (Rev. 06/26/2014)

Insurance. Owner may withhold payment until Certificate(s) and the required endorsements are received by Owner.

2. Annually, the Construction Manager shall require its Subcontractors to supply Owner and the Construction Manager with a certificate of insurance, and is further required to provide the Construction Manager with an additional insured endorsement, naming the Construction Manager and Owner as an additional insureds. These renewal certificates and endorsements are to be provided through the State of Florida’s applicable statute(s) of repose.

3. The Owner shall be under no obligation to review any Certificates of

Insurance provided by the Construction Manager or to check or verify the Construction Manager’s compliance with any and all requirements regarding insurance imposed by the Contract Documents. The Construction Manager is fully liable for the amounts and types of insurance required herein and is not excused should any policy or certificate of insurance provided by the Construction Manager not comply with any and all requirements regarding insurance imposed by the Contract Documents.

VII. Acceptance of Evidence of Insurance

The required insurance shall be subject to the approval of Owner, but any acceptance of insurance certificates by Owner shall in no way limit or relieve the Construction Manager or its Subcontractors, Sub-subcontractors, or Suppliers of any tier of the duties and responsibilities under the Contract Documents. If higher limits or other forms of insurance are required in the Contract Documents, the Construction Manager will comply with such requirements and will require its Subcontractors, Sub-contractors, and Suppliers of any tier to likewise comply with those requirements.

VIII. Insurance Requirements for Subcontractors and Suppliers

The Construction Manager shall ensure that all tiers of its Subcontractors, Sub-subcontractors and Suppliers shall procure and maintain insurance in like form and amounts including the Additional Insured requirements, all as set forth herein and the Contract Documents. Copies of the certificates must be provided prior to any Subcontractors, Sub-subcontractors, or Suppliers entering or furnishing any materials or equipment to the Project site.

IX. No Limitation of Liability

Nothing in this Insurance Addendum, including any insurance furnished by the Construction Manager, is to be construed as either a limitation or release of the Construction Manager’s liability to Owner.

9 – Addendum 1 (Rev. 06/26/2014)

X. Miscellaneous

Owner may request complete copies of policies for contract provisions and endorsements to be reviewed and approved, and the Construction Manager shall promptly furnish copies of same to Owner.

SPACE INTENTIONALLY LEFT BLANK

10 – Addendum 1 (Rev. 06/26/2014)

Construction Manager: Owner:

____________________________________ Canaveral Port Authority

By: ________________________________ By: _______________________________

Title:________________________________ Title:_______________________________

Date: ________________________________ Date: ______________________________