APPENDIX 8 INSURANCE REQUIREMENTS

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1 APPENDIX 8 INSURANCE REQUIREMENTS Policy Term: Policy Limit: Sub Limits: Coverage Extensions / Conditions: Insured Perils: FDOT Self Insurance BUILDERS RISK Required when performing Construction Work Builders All Risk (BAR) Completed Value Form FDOT and Concessionaire and/or their Contractors and subcontractors of every tier as their interest may appear Construction Period plus up to 24 months extension at terms to be agreed $150 million per occurrence Inland transit $10 million Offsite storage $10 million Expediting expenses/extra expense $10 million Demolition, increased cost of construction including undamaged property $50 million Debris Removal $50 million Professional fees $5 million Soft cost coverage covering increased expense incurred as a result of covered damage Civil authority or ingress/egress clauses Blanket waiver of subrogation as required by contract Design error/faulty workmanship exclusion, except ensuing loss not otherwise excluded is covered (LEG 2/96) Testing included All risk of direct physical loss or damage including fire, lightning, explosion, collapse, flood, earthquake, sinkhole, boiler & machinery. No requirement to duplicate coverage for perils covered by FDOT selfinsurance (see below). FDOT will accept the risk of tangible property loss to the Work and Temporary Works caused by a Named Windstorm or Terrorism to the extent provided in Section of the Agreement. FLORIDA DEPARTMENT OF TRANSPORTATION Page 1 ADDENDUM NO. 1: November 22, 2013

2 Insured Property: Deductibles: Coinsurance: Valuation: Policy Term: Policy Limit: Sub Limits: Coverage Extensions / Conditions: Insured Perils: All real and personal property in the course of construction (including materials to be incorporated therein) including footings, foundations, and excavations costs, installation, testing and/or commissioning related to the Project. Physical damage: Not to exceed $1,000,000 per occurrence FDOT self-insured perils: See FDOT Self-Insurance above. Waived Replacement cost for property damage AM Best rating AX or better. PROPERTY INSURANCE FOR O&M Required during the Operating Period All Risk FDOT and/or Concessionaire and/or Lead Operations and Maintenance Firm Annual/Renewable $150 million per occurrence Offsite storage $10 million Expediting expenses/extra expense $10 million Demolition, increased cost of construction including undamaged property $50 million Debris removal $50 million Professional fees $5 million Civil authority or ingress/egress clauses Insurance company cancellation 60 days (except 10 days for non-payment of premium) Design error/faulty workmanship exclusion, except ensuing loss not otherwise excluded is covered (LEG 2/96) All risk of direct physical loss or damage including fire, lightning, explosion, collapse, flood, earthquake, sinkhole, boiler & machinery, etc. No requirement to duplicate coverage for perils covered by FDOT selfinsurance (see below). FLORIDA DEPARTMENT OF TRANSPORTATION Page 2 ADDENDUM NO. 1: November 22, 2013

3 FDOT Self-Insurance: Insured Property: Deductibles: Coinsurance: Valuation: FDOT will accept the risk of loss to tangible Project property caused by a Named or Terrorism to the extent provided in Section of the Agreement. All real and personal property of every description Physical damage: Not to exceed $500,000 per occurrence FDOT self-insured perils: See FDOT Self-Insurance above. Waived Replacement cost for property damage Actual loss sustained for time element resulting in loss of Availability Payment AM Best rating AX or better WORKERS COMPENSATION / EMPLOYERS LIABILITY COMPLIANT WITH FLORIDA STATUTE Required during the Term of the Agreement Policies required of Concessionaire and Contractors of every tier Limits: Additional Terms: Workers Compensation: Statutory Employers Liability: US$1 million per occurrence US$1 million disease per employee US$1 million disease policy limit Limits not required to apply per project. Concessionaire/Lead Contractor/Lead Operations and Maintenance Firm: Not to exceed US$1 million per occurrence Other Contractors: Not to exceed $250,000 per occurrence (does not apply to Controlled Insurance Program) Voluntary compensation endorsement Waiver of subrogation as required by the Agreement Where applicable, endorsed to cover US Longshore and Harbor Workers Act, and Jones Act 60 days notice of cancellation (except 10 days for FLORIDA DEPARTMENT OF TRANSPORTATION Page 3 ADDENDUM NO. 1: November 22, 2013

4 Additional Additional Terms: non-payment of premium) Admitted/authorized in the State of Florida, AM Best rating of AX or better COMMERCIAL GENERAL LIABILITY, ISO FORM CG OR EQUIVALENT Required during the Term of the Agreement Concessionaire, Lead Contractor, Lead Operations and Maintenance Firm FDOT, but only with respect to liability arising out of the Project US$2 million per occurrence US$4 million general aggregate US$4 million completed operations aggregate Policy limits may be met through a combination of primary and excess liability coverage, provided that no gap in coverage exists Not to exceed US$1 million per occurrence Primary to any insurance or self-insurance otherwise available to insured parties All limits dedicated to the Project No exclusions for explosion, collapse, or underground (XCU) Removal exclusion for work within 50 feet of a railroad Each of the Indemnified Parties as additional insureds under Contractors liability insurance policies Additional insureds covered for completed operations Waiver of subrogation provided in favor of additional insureds Additional insureds endorsements states interests and protections of each additional insured shall not be affected by any misrepresentation, act or omission of a named insured or any breach by a named insured of policy provisions Liability covers acts or omissions of FLORIDA DEPARTMENT OF TRANSPORTATION Page 4 ADDENDUM NO. 1: November 22, 2013

5 Concessionaire s employees engaged in the work and employees of Contractors 60 days notice of cancellation (except 10 days for non-payment of premium) Admitted/authorized in the State of Florida, AM Best rating of AX or better RAILROAD PROTECTIVE LIABILITY AND PROPERTY DAMAGE LIABILITY INSURANCE, ISO FORM CG Additional terms: Required when the Work includes the construction of a railroad grade crossing, overpass or underpass structure, or a railroad crossing signal installation, or any other work or operations by the Concessionaire within the limits of the railroad right-of-way, including any encroachments thereon from work or operations in the vicinity of the railroad right-of-way. CSX Transportation, Inc. US$5,000,000 per occurrence US$10,000,000 general annual aggregate No coverage shall be subject to a self-insured retention unless both FDOT and the railroad(s) give prior written approval for coverage to be subject to a self-insured retention of a specified amount 10 days notice of cancellation (to both the railroad(s) and FDOT) Must include Pollution Exclusion Amendment (Form CG 28 31) and Delete Common Policy Conditions Section E. Premiums Can include Broad Form Nuclear Exclusion IL 00 21, 30-day Advance notice of Non-Renewal, required state cancellation endorsement, Quick Reference or Index CL/IL 240 Cannot include any Pollution Exclusion Endorsement except CG 28 31, any Punitive or Exemplary Damages exclusion, any endorsement not named above, any type of deductible policy FLORIDA DEPARTMENT OF TRANSPORTATION Page 5 ADDENDUM NO. 1: November 22, 2013

6 Additional terms: Marine Liability Policy Limits: AM Best rating AX or better RAILROAD PROTECTIVE LIABILITY AND PROPERTY DAMAGE LIABILITY INSURANCE, ISO FORM CG Required when the Work includes the construction of a railroad grade crossing, overpass or underpass structure, or a railroad crossing signal installation, or any other work or operations by the Concessionaire within the limits of the railroad right-of-way, including any encroachments thereon from work or operations in the vicinity of the railroad right-of-way. Florida Central Railroad Company, Inc. US$2,000,000 per occurrence. US$6,000,000 general annual aggregate. Limits not required to apply per project. No coverage shall be subject to a self-insured retention unless both FDOT and the railroad(s) give prior written approval for coverage to be subject to a self-insured retention of a specified amount. 10 days notice of cancellation (to both the railroad(s) and FDOT) Approved in the State of Florida; AM Best rating AX or better MARINE LIABILITY AND POLLUTION LIABILITY INSURANCE Required when vessels are used in connection with the Work Claims-made Operators of barges and other vessels Broad form protection & indemnity - $10 million Jones Act coverage - US$10 million Marine Bumbershoot - US$100 million (may be included in Excess Liability Policy) Policy limits may be met through a combination of primary and excess liability coverage, provided that no FLORIDA DEPARTMENT OF TRANSPORTATION Page 6 ADDENDUM NO. 1: November 22, 2013

7 Marine Pollution Liability Policy Additional Terms: gap in coverage exists and Excess Liability coverage applies to non-owned watercraft so that no operated vessel has less than US$10 million P&I, and US$10 million Jones Act coverage Vessel Pollution Liability insurance subject to not less than the conditions available through the Water Quality Insurance Syndicate or its equivalent with limits of not less than $5,000,0000 and compliant with all applicable state and federal statutory requirements Not to exceed US$500,000 per occurrence AM Best rating of AX or better AIRCRAFT LIABILITY Required when aircraft are used in connection with the Work Operators of aircraft US$10 million. Limits not required to apply per project. Not to exceed US$250,000 per occurrence Include coverage for FDOT as additional insured Applies to owned, non-owned, and hired aircraft Eligible surplus lines insurer in the State of Florida, AM Best rating of AX or better COMMERCIAL AUTOMOBILE LIABILITY Required during the Term of the Agreement ISO Business Automobile Policy or equivalent Individual policies provided by Concessionaire and/or Contractors of every tier US$10 million combined single limit. Policy limits may be met through a combination of primary and excess liability coverage, provided that no gap in coverage exists and Excess Liability coverage applies to non-owned auto so that no operated auto has less than US$10 million. Limits not required to apply per project. FLORIDA DEPARTMENT OF TRANSPORTATION Page 7 ADDENDUM NO. 1: November 22, 2013

8 Additional Terms: Additional Terms: Concessionaire/Lead Contractor/Lead Operations and Maintenance Firm: Not to exceed US$1 million per occurrence Other Contractors: Not to exceed US$250,000 per occurrence 60 days notice of cancellation (except 10 days for non-payment of premium) Indemnified parties as additional insureds Waivers of subrogation where required by the Agreement Interests and protections of each additional insured will not be affected by any misrepresentation, act or omission of a named insured or any breach by a named insured Endorsement Motor Carrier Act Endorsement-Hazardous materials clean up (MCS-90) for any Contractor who will at any time transport Contaminated Materials Admitted/authorized in the State of Florida, AM Best rating of AX or better EXCESS LIABILITY Required during the Term of the Agreement Concessionaire, Lead Contractor, Lead Operations and Maintenance Firm US$200 million per occurrence and in the aggregate Not to exceed US$1 million per occurrence Occurrence form Follows form of Employers Liability, Commercial General Liability, Business Auto Annual reinstatement of limit 60 days notice of cancellation (except 10 days for non-payment of premium) Waiver of subrogation as required by the Agreement AM Best rating of AX or better FLORIDA DEPARTMENT OF TRANSPORTATION Page 8 ADDENDUM NO. 1: November 22, 2013

9 Retroactive Date: Policy Term: Extended Reported Period: Key Coverages: PROJECT SPECIFIC PROFESSIONAL LIABILITY Required when performing Design Work, QAF services, QAM services or other Professional Services. Separate policies shall be provided by the Lead Engineering Firm, the QAF, the QAM (if not a subcontractor/subconsultant to the QAF) and other applicable Contractors. The Lead Engineering Firm; the QAF;, the QAM; the geotechnical consultant; and any other Contractor performing Design Work, or rendering Professional Services that is not a subcontractor/subconsultant to the Lead Engineering Firm or the QAF. Claims-Made Full retroactive coverage Construction Period Five years US$50 million each claim/policy aggregate for each required Named Insured (see above) Includes the Owner s Indemnification Endorsement No exclusions or limitations for consequential or delay damages or exceeded cost estimate No exclusion for environmental claims (environmental consultants may be provided under pollution policy) Not to exceed US$1 million per occurrence AM Best rating of AX or better Policy Term: Project CONTRACTORS POLLUTION LIABILITY Required when performing Construction Work Occurrence form preferred / claims-made acceptable Concessionaire and Contractors of every tier 6 years with 4 year extended reporting period (ERP) or term of construction plus ERP to equal a total of 10 years US$25,000,000 minimum specific to the Project only FLORIDA DEPARTMENT OF TRANSPORTATION Page 9 ADDENDUM NO. 1: November 22, 2013

10 Specific Terms and Conditions: Not to exceed US$1 million per occurrence 60 days notice of cancellation (except 10 days for non-payment of premium) Coverage must be primary Project site includes temporary storage yards associated with the Project Natural resource damages must be covered Sediment and silt included in definition of covered pollutants Coverage includes illicit abandonment at project site Waiver of subrogation in favor of FDOT Covered Operations all those performed by or on behalf of the Named Insured Bodily Injury definition deemed to include mental anguish, shock, mental injury or illness and medical monitoring costs whether or not accompanied by physical injury or illness by any person or persons Property Damage definition deemed to include diminution in value of third party property whether or not accompanied by physical damage Blanket Contractual for all written contracts (including third-party-over claims) Named Insured interest in joint ventures to be included/delete joint venture exclusion Coverage for transportation (in transit, loading and unloading exposure) to or from a jobsite Non-owned disposal site coverage for treatment, storage or disposal facilities which receive hazardous materials from the Project No exclusions for radioactive matter/naturally occurring radioactive materials No exclusions for asbestos and lead/lead paint Coverage for punitive/exemplary damages, civil fines and penalties, where insurable by law FLORIDA DEPARTMENT OF TRANSPORTATION Page 10 ADDENDUM NO. 1: November 22, 2013

11 AM Best rating of AX or better Policy Term: Policy Limit: Specific Terms and Conditions: POLLUTION LEGAL LIABILITY Claims-made Concessionaire and FDOT 3 years, to be renewed until expiration of the Term US$25 million per claim Not to exceed US$1 million per occurrence AM Best rating of AX or better 60 days notice of cancellation (except 10 days for non-payment of premium) Coverage primary Coverage for third-party claims for bodily injury, property damage and cleanup of unknown preexisting and new pollution conditions Coverage must extend to protect the Concessionaire and FDOT as the result of pollution conditions arising from third party transportation while in the course of utilizing the covered location. Coverage cannot be limited to only accidental upset/overturn or loading/ unloading. Coverage must also be extended to protect the Concessionaire and FDOT as the result of pollution conditions resulting from normal maintenance activities associated with operating the Express Lanes. Natural resource damages must be covered Waiver of subrogation on behalf of FDOT Covered site all parcels within the Project ROW as of the Effective Date; any new parcels must be added to the policy at the time of acquisition Bodily Injury definition deemed to include mental anguish, shock, mental injury or illness whether or not accompanied by physical injury or illness by any person or persons Property Damage definition deemed to include diminution in value of third party FLORIDA DEPARTMENT OF TRANSPORTATION Page 11 ADDENDUM NO. 1: November 22, 2013

12 property whether or not accompanied by physical damage Coverage for transportation (in transit, loading and unloading exposure) to or from a jobsite Non-owned disposal site coverage for treatment, storage or disposal facilities which receive hazardous materials from the insured No exclusions for radioactive matter/naturally occurring radioactive materials No exclusions for third-party claims for bodily injury, defense costs or cleanup of soil or groundwater arising from asbestos and/or lead paint No exclusion for removal and disposal of unknown buried containers (including drums and tanks) and their contents. Coverage for punitive/exemplary damages, civil fines and penalties, where insurable by law FLORIDA DEPARTMENT OF TRANSPORTATION Page 12 ADDENDUM NO. 1: November 22, 2013

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