RFQ 27-03 RAISE Grant Streetscape Construction Management Services

City of Lake Wales
CMAR Services - RAISE Grant Streetscapes
Insurance Requirements
EXHIBIT C
The Construction Manager must provide and maintain at Construction Manager's own expense, until
expiration or termination of the Agreement and during the time period following expiration if
Construction Manager is required to return and perform any additional work, the minimum insurance
coverage and requirements specified below, insuring all operations related to the Agreement.
A. INSURANCE TO BE PROVIDED
1. Commercial General Liability insurance on an "occurrence" basis for bodily injury and
property damage that may arise out of or result from the Construction Manager's operations
and completed operations under the Agreement, whether such operations be by Construction
Manager or by the Construction Manager's subcontractor or by anyone directly or indirectly
employed by any of them, or by anyone for whose acts any of them may be liable. Such
insurance shall include each of the following:
(a) At a minimum, the following limits and coverages:
i. $1,000,000 each occurrence
ii. $1,000,000 personal and advertising injury
iii. $2,000,000 general aggregate
iv. $2,000,000 products-completed operations aggregate
(b) Coverage for ongoing operations, independent contractors, and any persons or entities
performing work on behalf of Construction Manager.
(c) Products and completed operations coverage, which coverage shall be maintained in effect
for a period equivalent to the statute of repose for the state in which the Project is located.
(d) Contractual liability coverage to the same or greater extent as covered under ISO
commercial general liability coverage form CG 00 01.
(e) Contain a severability or separation of insureds clause.
(f) The City of Lake Wales, the Owner's Representative's and any other Entity or Owner must
be named as Additional Insured on a primary, non-contributory basis for any liability arising
directly or indirectly from the work.
(g) The insurance maintained by Construction Manager shall be primary with respect to the
interest of the Owner, and any other insurance or self-insurance maintained by Owner or
the Additional Insureds is in excess and shall not contribute to Construction Manager's
insurance in all instances regardless of any like insurance that Owner or the Additional
Insureds may have.
Construction Manager shall not permit any Subcontractors or Sub-subcontractors to commence
work on or relating to the Work until such subcontractor has complied with the insurance
requirements set forth in this Schedule. Construction Manager shall be responsible for any
Subcontractor's or Sub-subcontractor's failure to comply with the requirements of this Exhibit
as they apply to such Subcontractor or Sub-subcontractor.
2. Professional Liability
(a) Minimum coverage for each claim $1,000,000
COLLIERS PROJECT LEADERS
RFQ 27-03 City of Lake Wales - RAISE Grant Streetscape CMAR Services - Exhibit C Page 1 of 3

City of Lake Wales
CMAR Services - RAISE Grant Streetscapes
Insurance Requirements
(b) Minimum annual coverage $1,000,000
(c) Extended reporting period for four (4) years following the termination of this Agreement.
3. Contractor's Pollution Liability insurance in the amount of $1,000,000 per claim and
$2,000,000 aggregate.
4. Commercial Automobile Liability coverage to include owned, hired and non-owned
automobile liability insurance covering all use of all automobiles, trucks and other motor vehicles
utilized by the Construction Manager or its subcontractors, including each of the following:
(a) A combined single limit for bodily injury and property damage of $1,000,000 per accident.
(b) Coverage for upset, overturn and collision coverage related to pollution events (applying to
the vehicle, trailer or other attachments to vehicle and extend to cargo/waste carried and
to Subcontractors or others providing services to (Construction Manager).
(c) Waiver of Subrogation endorsement in favor of Owner.
5. Follow-Form Umbrella (excess) Liability insurance with a limit of $5,000,000 each
occurrence in excess of the general liability, employer's liability and business automobile liability
coverages required of Construction Manager under this Schedule. Such insurance shall contain
a provision that it will not be more restrictive than the primary insurance.
6. Workers' Compensation insurance, including employer's liability, for all persons whom the
consultant employs (or uses as subcontract labor if the subcontractor is uninsured) in carrying
out any Work. Such insurance shall be in strict compliance with the requirements of the most
current and applicable workers' compensation insurance laws in effect from time to time in the
state(s) where the Work is performed, and shall include the following:
(a) Coverage A (Workers' Compensation) - pursuant to statutory requirements
(b) Coverage B (Employer's Liability) - at a minimum, the following limits and coverages:
i. $1,000,000 for each accident, for bodily injury by accident
ii. $1,000,000 for each employee, for bodily injury by disease
iii. $1,000,000 for each disease policy limit
7. Property Insurance providing coverage for property in which Construction Manager retains
the risk of loss as to their own equipment, (stationary or mobile), tools (including employee
tools), supplies, materials, or any other property owned or leased by Construction Manager. If
Construction Manager chooses to self-insure any of the property described under this Section,
it is agreed that Construction Manager shall hold Owner and its representatives, agents and
employees harmless for any loss or damage to that property.
8. Subcontractor's Insurance. Construction Manager shall require that each subcontractor
comply with the insurance requirements above (with insurance limits as are acceptable to the
Owner), with the exception of the insurance set forth in paragraphs 5 and 2 unless the
subcontractor has some design responsibility associated with the Work and then subcontractor
will also comply with paragraph 2. Before permitting any Subcontractors to perform any Work,
Construction Manager shall obtain a certificate of insurance from each such Subcontractor
evidencing that such Subcontractor has obtained the required minimum insurance and has
added those entities as Additional Insureds with respect to the Commercial General Liability and
COLLIERS PROJECT LEADERS
RFQ 27-03 City of Lake Wales - RAISE Grant Streetscape CMAR Services - Exhibit C Page 2 of 3

City of Lake Wales
CMAR Services - RAISE Grant Streetscapes
Insurance Requirements
Commercial Automobile Liability insurance as required herein. All policies of Subcontractors shall
include a waiver of any right of subrogation of the insurers thereunder against Construction
Manager and the additional insureds.
B. ADDITIONAL REQUIREMENTS
The Construction Managers must furnish the City of Lake Wales, original Certificates of Insurance,
or such similar evidence, to be in force on the date of this Agreement, and Renewal Certificates of
Insurance, or such similar evidence, if any insurance coverage has an expiration or renewal date
occurring during the term of this Agreement. The Construction Manager must submit evidence of
insurance to the City of Lake Wales before award of Agreement. The receipt of any certificate does
not constitute agreement by the Commission that the insurance requirements in the Agreement
have been fully met or that the insurance policies indicated on the certificate are in compliance with
all Agreement requirements. The failure of the City of Lake Wales to obtain certificates or other
insurance evidence from the Construction Manager is not a waiver by the City of Lake Wales of any
requirements for the Construction Manager to obtain and maintain the specified coverage. The
Construction Manager will advise all insurers of the Agreement provisions regarding insurance. Non-
conforming insurance does not relieve Construction Manager of the obligation to provide insurance
as specified in this Agreement. Non-fulfillment of the insurance conditions may constitute a breach
of the Agreement, and the City of Lake Wales retains the right to stop work until proper evidence
of insurance is provided, or the Agreement may be terminated. The City of Lake Wales reserves the
right to obtain copies of insurance policies and records from the Construction Manager and/or its
subcontractors at any time upon written request.
The insurance must provide for 30 days prior written notice to be given to the City of Lake Wales if
any policies are canceled, substantially changed, or non-renewed.
Any deductibles or self-insured retentions on referenced insurance must be borne by Construction
Manager.
The Construction Manager hereby waives and agrees to require their insurers to waive their rights
of subrogation against the City of Lake Wales, the Owner's representative's and any other User
Agency or Owner or their respective Board members, employees, elected and appointed officials,
and representatives.
The insurance coverage and limits furnished by the Construction Manager in no way limit the
Construction Managers liabilities and responsibilities specified within the Agreement or by law.
Any insurance or self-insurance programs maintained by the City of Lake Wales, and any other User
Agency or Owner do not contribute with insurance provided by the Construction Manager under the
Agreement.
The required insurance to be carried is not limited by any limitations expressed in the
indemnification language in this Agreement or any limitation placed on the indemnity in the
Agreement given as a matter of law.
If Construction Manager is a joint venture or limited liability company, the insurance policies must
name the joint venture or limited liability company as a named insured.
If Construction Manager or its subcontractors desire additional coverage, the party desiring the
additional coverage is responsible for the acquisition and cost.
The Owner's Risk Management Department maintains the rights to modify, delete, alter or change
these requirements.
COLLIERS PROJECT LEADERS
RFQ 27-03 City of Lake Wales - RAISE Grant Streetscape CMAR Services - Exhibit C Page 3 of 3