Res 2025-125 approving a contract with Burns & McDonnell Engineering Company, Inc. to provide Phase 1, Progressive Design-Build Services for the design of the FM 1978 Water Reclamation Facility project

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Docusign Envelope ID: DA4FA5BF-D9AF-4543-AD49-B8F98E2726F6 o All Risks of Direct 2%subject o the date on which release of substantial Damage, Per to $50,000 completion is executed; or Occurrence, except minimum o the date on which the insurable interests of Design-Builder in the Covered Property o Named Storm, $100,000 has ceased. Earthquake and • A waiver of subrogation provision shall be Earthquake provided in favor of all insureds. Sprinkler Leakage, Per Occurrence $100,000 o Flood, Per Occurrence or excess of NFIP if in Flood Zone A or V 2. General Insurance Requirements A. Definitions. For purposes of this Agreement: i. "ISO"means Insurance Services Office. ii. "Design-Builder" shall include the Design-Builder and its subconsultants and/or subcontractors of any tier, including any other entities for which Design-Builder is responsible as to Owner. iii. "Owner Parties"means (a) City of San Marcos, Texas (collectively referred to as "Owner"), (b)the Project, (c)any lender whose loan is secured by a lien against the Work, (d)their respective shareholders,members, partners,joint venturers, affiliates, subsidiaries, successors and assigns, (e) any directors, officers, employees, or agents of such persons or entities, and (f) others as required by the Contract Documents. B. Policies. i. Design-Builder shall maintain such Excess Liability, Professional and Pollution insurance in identical coverage, form and amount, including required endorsements, for at least two (2)years following Date of Substantial Completion of the Work to be performed under this Agreement. Design-Builder shall maintain such General Liability, Excess General Liability insurance in identical coverage, form and amount, including required endorsements, for at least ten(10)years following Date of Substantial Completion of the Work to be performed under this Agreement. Design-Builder shall provide written representation to Owner stating Work completion date. ii. All policies must: a. Be written through insurance companies authorized to do business in the State in which the work is to be performed and rated no less than A-: VII in the most current edition of A. M. Best's Key Rating Guide at all times Work is to be performed. b. Provide a waiver of subrogation in favor of Owner Parties on all insurance coverage carried by Design- Builder,whether required herein or not. c. Contain an endorsement providing for thirty(30) days prior written notice of cancellation to Owner. d. Be provided to the Owner Parties in compliance with the requirements herein and shall contain no endorsements that restrict, limit, or exclude coverage required herein in any manner without the prior express written approval of the Owner. iii. Failure of any Owner Party to demand such certificate or other evidence of full compliance with these insurance requirements or failure of any Owner Party to identify a deficiency from evidence that is provided shall not be construed as a waiver of the Design-Builder's obligation to maintain such insurance. iv. Design-Builder shall provide to the Owner a certified copy of all insurance policies required herein within ten (10) days of any such request. Renewal policies, if necessary, shall be delivered to the Owner prior to the expiration of the previous policy. v. Commencement of Work without provision of the required certificate of insurance, evidence of insurance or required endorsements, or without compliance with any other provision of this Agreement, shall not constitute a waiver by any Owner Party of any rights. The Owner shall have the right,but not the obligation, of 5 Insurance Rider Exhibit A