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 ii. Failure to obtain and maintain the required insurance shall constitute a material breach of, and default under, this Agreement. If the Design-Builder shall fail to remedy such breach within five (5)business days after notice by the Owner,the Design-Builder will be liable for any and all costs,liabilities, damages and penalties resulting to the Owner Parties from such breach,unless a written waiver of the specific insurance requirement(s) is provided to the Design-Builder by the Owner. In the event of any failure by the Design- Builder to comply with the provisions of this Agreement,the Owner may,without in any way compromising or waiving any right or remedy at law or in equity, on notice to the Design-Builder,purchase such insurance, at the Design-Builder's expense,provided that the Owner shall have no obligation to do so and if the Owner shall do so,the Design-Builder shall not be relieved of or excused from the obligation to obtain and maintain such insurance amounts and coverages. iii. This Exhibit C is an independent contract provision and shall survive the termination or expiration of the Contract Agreement. G. Insurance Requirements of Design-Builder's Subcontractors I. Insurance similar to that required of the Design-Builder shall be provided by all subcontractors (or provided by the Design-Builder on behalf of subcontractors)to cover operations performed under any subcontract agreement. The Design-Builder shall be held responsible for any modification in these insurance requirements as they apply to subcontractors. The Design-Builder shall maintain certificates of insurance from all subcontractors containing provisions similar to those listed herein(modified to recognize that the certificate is from subcontractor) enumerating, among other things,the waivers of subrogation, additional insured status, and primary liability as required herein, and make them available to the Owner upon request. ii. The Design-Builder is fully responsible for loss and damage to its property on the site, including tools and equipment,and shall take necessary precautions to prevent damage to or vandalism,theft,burglary,pilferage and unexplained disappearance of property. Any insurance covering the Design-Builder's or its subcontractor's property shall be the Design-Builder's and its subcontractor's sole and complete means or recovery for any such loss. To the extent any loss is not covered by said insurance or subject to any deductible or co-insurance,the Design-Builder shall not be reimbursed for same. Should the Design-Builder or its subcontractors choose to self-insure this risk, it is expressly agreed that the Design-Builder hereby waives, and shall cause its subcontractors to waive, any claim for damage or loss to said property in favor of the Owner Parties. H. Use of the Owners Equipment The Design-Builder, its agents, employees, subcontractors or suppliers shall use the Owners equipment only with express written permission of the Owners designated representative and in accordance with the Owners terms and condition for such use. IF THE CONTRACTOR OR ANY OF ITS AGENTS, EMPLOYEES, SUBCONTRACTORS OR SUPPLIERS UTILIZE ANY OF THE OWNERS EQUIPMENT FOR ANY PURPOSE, INCLUDING MACHINERY, TOOLS, SCAFFOLDING,HOISTS, LIFTS OR SIMILAR ITEMS OWNED, LEASED OR UNDER THE CONTROL OF THE OWNER, THE CONTRACTOR SHALL DEFEND, INDEMNIFY AND BE LIABLE TO THE OWNER PARTIES FOR ANY AND ALL LOSS OR DAMAGE WHICH MAY ARISE FROM SUCH USE. I. Release and Waiver The Design-Builder hereby releases, and shall cause its subcontractors to release,the Owner Parties from any and all claims or causes of action whatsoever which the Design-Builder or its subcontractors might otherwise now or hereafter possess resulting in or from or in any way connected with any loss covered by insurance,whether required herein or not, or which should have been covered by insurance required herein, including the deductible or uninsured portion thereof,maintained or required to be maintained by the Design-Builder or its subcontractors pursuant to this Agreement. THE FOREGOING RELEASE AND WAIVER APPLY EVEN IF THE LOSS OR DAMAGE IS CAUSED IN WHOLE OR IN PART BY THE FAULT OR NEGLIGENCE OR STRICT LIABILITY OF THE OWNER PARTIES. 7 Insurance Rider Exhibit A