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 prohibiting the Design-Builder or any subcontractor from performing any Work until such certificate of insurance,evidence of insurance and/or required endorsements are received and approved by the Owner. C. Limits,Deductibles and Retentions I. The limits of liability may be provided by a single policy of insurance or by a combination of primary and excess policies,but in no event shall the total limits of liability available for any one occurrence or accident be less than the amount required herein. ii. No deductible or self-insured retention shall exceed$25,000 without prior written approval of the Owner, except as otherwise specified herein. All deductibles or retentions shall be paid by, assumed by, for the account of, and at the Design-Builder's sole risk. The Design-Builder shall not be reimbursed for same except for Builder's Risk deductibles in accordance with the Contract Documents. D. Forms i. If the forms of policies, endorsements, certificates or evidence of insurance required by this Exhibit A are superseded or discontinued, Owner will have the right to require other equivalent forms. ii. Any policy or endorsement form other than a form specified in this Exhibit A must be approved in advance by Owner. E. Evidence of Insurance. Insurance must be evidenced as follows: I. ACORD Form 25 Certificate of Liability Insurance for liability coverages. ii. ACORD Form 28 Evidence of Commercial Property Insurance for property coverages. iii. Evidence shall be provided to Owner prior to commencing Work and prior to the expiration of any required coverage. iv. ACORD Forms specify: a. Owner as certificate holder at Owner's mailing address; b. Insured's name,which must match that on this Agreement; c. Insurance companies producing each coverage and the policy number and policy date of each coverage; d. Producer of the certificate with correct address and phone number and have the signature of the authorized representative of the producer; e. Additional Insured status in favor of Owner Parties; f Amount of any deductible or self-insured retention in excess of$25,000; g. Designated Construction Project(s) General Aggregate Limit; h. Primary and non-contributory status; I. Waivers of subrogation; and j. All exclusions and limitations added by endorsement to the General Liability coverage. This can be achieved by attachment of the Schedule of Forms and Endorsements page. v. Copies of the following shall also be provided: a. General Liability Additional insured endorsement(s); b. General Liability Schedule of Forms and Endorsements page(s); and c. 30 Day Notice of Cancellation endorsement applicable to all required policies. F. Design-Builder Insurance Representations to Owner Parties i. It is expressly understood and agreed that the insurance coverages required herein(a)represent Owner Parties' minimum requirements and are not to be construed to void or limit the Design-Builder's indemnity obligations as contained in this Agreement nor represent in any manner a determination of the insurance coverages the Design-Builder should or should not maintain for its own protection; and(b) are being, or have been,obtained by the Design-Builder in support of the Design-Builder's liability and indemnity obligations under this Agreement. Irrespective of the requirements as to insurance to be carried as provided for herein, the insolvency,bankruptcy or failure of any insurance company carrying insurance of the Design-Builder, or the failure of any insurance company to pay claims accruing, shall not be held to affect,negate or waive any of the provisions of this Agreement. 6 Insurance Rider Exhibit A