Common use of BONDS AND INSURANCE Clause in Contracts

BONDS AND INSURANCE. 10.1 The Contractor shall provide performance and payment bonds on forms prescribed by Owner and in accordance with the requirements set forth in the UGCs (Article 5). The penal sum of the payment and performance bonds shall be equal to the Contract Sum. 10.1.1 If for any reason the CM should desire coverage for the guarantee of performance or payment of subcontractors in addition to the bonds required by 17.2, the expense of such additional coverage shall be included in the Direct Construction Cost. 10.2 The Contractor shall not commence work under the Contract until it has obtained all required insurance and until evidence of the required insurance has been reviewed and approved by the Owner’s Designated Representative (see UGC 3.1.2 and 013100, paragraph 2). Contractor shall provide evidence of the insurance coverage for: Workers’ Compensation, Employer’s Liability, Comprehensive General Liability, Builder’s Risk and Comprehensive Automobile Liability in the amounts as set forth in the UGCs. All of this required coverage shall remain in full force and effect throughout the term of the Project and shall be increased as necessary for each separate bid package, phase, change order, or Stage of construction prior to the commencement of construction for that package, phase, or Stage. Owner’s review of the evidence of insurance provided by the Contractor shall not relieve nor decrease the liability of the Contractor. 10.3 The Contractor shall not cause or allow any of its required insurance to lapse or be canceled during the term of the Contract or as otherwise required in the Contract. If the Contractor fails to obtain, maintain or renew any insurance required by the Contract, the Owner may obtain insurance coverage directly and recover the cost of that insurance from the Contractor. 10.4 The Owner reserves the right to reevaluate the insurance requirements during the effective period of the Contract and to make reasonable adjustments to the insurance coverages and their limits when deemed necessary and prudent by the Owner based upon changes in statutory law, court decisions, or the claims history of the industry as well as the Contractor. Such changes will be incorporated into this Contract by Change Order. 10.5 The Owner shall be entitled, upon request, and without expense, to receive complete copies of the policies with all endorsements and may make any reasonable requests for deletion, or revision or modification of particular policy terms, conditions, limitations, or exclusions, except where policy provisions are established by law or regulation binding upon the Parties or the underwriter of any of such polices. Damages caused by the Contractor and not covered by insurance shall be paid by the Contractor. 10.6 Firm shall require its Consultants to maintain Commercial General Liability and Business Auto Liability coverage with a company satisfactory to Owner and with limits acceptable to Owner.

BONDS AND INSURANCE. 10.1 The Contractor 5.1 If the introductory section of this Subcontract requires Bonds to be provided as a condition to this Subcontract, Subcontractor shall provide performance to Contractor, as named obligee, a Payment Bond and payment bonds on forms prescribed by Owner and a Performance Bond in accordance with the requirements set forth in the UGCs (Article 5). The respective penal sum of the payment and performance bonds shall be sums equal to the Contract Sum. 10.1.1 If Subcontract Amount, on forms and with surety acceptable to Contractor. The premium costs incurred for any reason the CM should desire coverage for the guarantee of performance or payment of subcontractors in addition to the such bonds required by 17.2, the expense of such additional coverage shall be included in the Direct Construction Costsuch Subcontract Amount. 10.2 The Contractor 5.2 If such Bonds are required, Subcontractor shall not commence work have no right to receive any payments under this Subcontract until and unless Payment and Performance Bonds as called for in Paragraphs 5.1 are properly executed and furnished to Contractor, regardless of the status of the Work or performance by Subcontractor. 5.3 Subcontractor shall maintain at its own cost, such insurance as will protect it from claims under the Contract until it has obtained all required worker's compensation laws of the state in which the Work is being performed and also commercial general liability coverage, bodily injury and property damage insurance and until evidence automobile insurance, in such amounts and with such coverages to fulfill Subcontractor's obligations as described in this Subcontract. Liability insurance shall be carried on an occurrence basis. Amounts of insurance coverages provided shall be as required by the Contract Documents or as otherwise agreed between the parties separately, in writing. Such insurance shall provide coverage regardless of the negligent acts of any of the Owner, Contractor, Architect, Subcontractor and sub-subcontractors and any of their respective officers, directors, consultants, agents and employees. Subcontractor’s general liability, automobile and umbrella/excess policies shall be endorsed to include the Owner, Contractor, Architect, and their respective officers, directors, consultants, agents and employees as additional insureds, with the coverage granted by the additional insured provisions of these policies to be primary and without contribution. General Liability additional insured endorsement CG2010 11/85 edition or its equivalent is required. Prior to commencing the Work, and in no event later than fifteen (15) days after the execution of this Subcontract, Subcontractor shall cause a Certificate of Insurance to be executed by one or more companies acceptable to Contractor and shall file a copy thereof with Contractor. The Certificates of Insurance shall confirm that the required insurance has been reviewed coverages and approved by the Owner’s Designated Representative (see UGC 3.1.2 limits are in effect and 013100, paragraph 2). Contractor shall provide evidence of that such coverages and limits shall not be cancelled or allowed to lapse without thirty (30) days prior written notice to the insurance coverage for: Workers’ Compensation, Employer’s Liability, Comprehensive General Liability, Builder’s Risk and Comprehensive Automobile Liability Contractor except in the amounts as set forth case of non-payment of premium in the UGCs. which case ten (10) days written notice will be given.. All of this required insurance coverage shall remain in full force and effect throughout through the term warranty period of the Project and shall be increased as necessary for each separate bid package, phase, change order, or Stage subcontract. Contractor may withhold payment to Subcontractor pending receipt of construction prior to the commencement of construction for that package, phase, or Stagesuch Certificates in approved form. Owner’s review Should Contractor request a copy of the actual policy from Subcontractor, the actual policy or a certified copy thereof will be supplied to Contractor. 5.4 Should Subcontractor fail or neglect to provide the required insurance, Contractor shall have the right, but not the duty, to provide such insurance and deduct from any money due to Subcontractor the costs of any and all premiums paid by Contractor for and on account of said insurance. 5.5 The insurance carriers shall have no right of subrogation against the Owner, Contractor, Architect, Subcontractor and sub- subcontractors and their respective officers, directors, consultants, agents and employees except that waiver of subrogation shall not apply as to professional liability claims arising under Exhibit E, if applicable. 5.6 The obligation of the Subcontractor under the contract documents with respect to insurance shall not be waived by the Contractor’s failure to request evidence of insurance provided or to enforce any of the other provisions of the contract documents respecting insurance, or by the Contractor’s failure to respond to or object to any submission by the Subcontractor respecting insurance. The Subcontractor shall be liable to the Contractor for all damages incurred by the Contractor shall not relieve nor decrease the liability as a result of the ContractorSubcontractor’s failure to carry the required insurance. 10.3 The Contractor shall not cause or allow any of its required insurance to lapse or be canceled during the term of the Contract or as otherwise required in the Contract. If the Contractor fails to obtain, maintain or renew any insurance required by the Contract, the Owner may obtain insurance coverage directly and recover the cost of that insurance from the Contractor. 10.4 The Owner reserves the right to reevaluate the insurance requirements during the effective period of the Contract and to make reasonable adjustments to the insurance coverages and their limits when deemed necessary and prudent by the Owner based upon changes in statutory law, court decisions, or the claims history of the industry as well as the Contractor. Such changes will be incorporated into this Contract by Change Order. 10.5 The Owner shall be entitled, upon request, and without expense, to receive complete copies of the policies with all endorsements and may make any reasonable requests for deletion, or revision or modification of particular policy terms, conditions, limitations, or exclusions, except where policy provisions are established by law or regulation binding upon the Parties or the underwriter of any of such polices. Damages caused by the Contractor and not covered by insurance shall be paid by the Contractor. 10.6 Firm shall require its Consultants to maintain Commercial General Liability and Business Auto Liability coverage with a company satisfactory to Owner and with limits acceptable to Owner.

BONDS AND INSURANCE. 10.1 The Contractor shall provide performance and payment bonds on forms prescribed by Owner and in accordance with the requirements set forth in the UGCs (Article 5). The penal sum of the payment and performance bonds shall be equal to the Contract Sum. 10.1.1 If for any reason the CM should desire coverage for the guarantee of performance or payment of subcontractors in addition to the bonds required by 17.2, the expense of such additional coverage shall be included in the Direct Construction Cost. 10.2 The Contractor shall not commence work under the Contract until it has obtained all required insurance and until evidence of the required insurance has been reviewed and approved by the Owner’s Designated Representative (see UGC 3.1.2 and 013100, paragraph 2). Contractor shall provide evidence of the insurance coverage for: Workers’ Compensation, Employer’s Liability, Comprehensive General Liability, Builder’s Risk and Comprehensive Automobile Liability in the amounts as set forth in the UGCs. All of this required coverage shall remain in full force and effect throughout the term of the Project and shall be increased as necessary for each separate bid package, phase, change order, or Stage of construction prior to the commencement of construction for that package, phase, or Stage. Owner’s review of the evidence of insurance provided by the Contractor shall not relieve nor decrease the liability of the Contractor. 10.3 The Contractor shall not cause or allow any of its required insurance to lapse or be canceled during the term of the Contract or as otherwise required in the Contract. If the Contractor fails to obtain, maintain or renew any insurance required by the Contract, the Owner may obtain insurance coverage directly and recover the cost of that insurance from the Contractor. 10.4 The Owner reserves the right to reevaluate the insurance requirements during the effective period of the Contract and to make reasonable adjustments to the insurance coverages and their limits when deemed necessary and prudent by the Owner based upon changes in statutory law, court decisions, or the claims history of the industry as well as the Contractor. Such changes will be incorporated into this Contract by Change Order. 10.5 The Owner shall be entitled, upon request, and without expense, to receive complete copies of the policies with all endorsements and may make any reasonable requests for deletion, or revision or modification of particular policy terms, conditions, limitations, or exclusions, except where policy provisions are established by law or regulation binding upon the Parties or the underwriter of any of such polices. Damages caused by the Contractor and not covered by insurance shall be paid by the Contractor. 10.6 Firm shall require its Consultants to maintain Commercial General Liability and Business Auto Liability coverage with a company satisfactory to Owner and with limits acceptable to Owner.

BONDS AND INSURANCE. 10.1 The Contractor 11.1 Within 10 days of the date the XXXX executes the Agreement, XXXX shall provide performance and payment bonds on forms prescribed by Owner and City in Exhibit “G”, in accordance with the requirements set forth of the General Conditions, unless in the UGCs (Article 5)discretion of the Director, the XXXX furnishes security bond acceptable to the Director, to ensure that the XXXX will furnish the required performance and payment bonds when a CGMP or GMP is established. The penal sum of the payment and performance bonds shall be equal to the Contract Sumconstruction budget as specified in the request for proposals or qualifications, or as otherwise specified by the Director. When a CGMP or GMP is established, the XXXX shall provide performance and payment bonds in accordance with the requirements of the General Conditions. 10.1.1 If for any reason 11.2 XXXX shall purchase and maintain professional liability, errors and omissions insurance, covering the CM should desire coverage for the guarantee of performance or payment of subcontractors in addition Preconstruction Phase Services and Construction Phase Services provided under this Agreement, as is acceptable to the bonds required by 17.2, the expense of such additional coverage shall be included in the Direct Construction Cost. 10.2 The Contractor shall not commence work under the Contract until it has obtained all required insurance and until evidence of the required insurance has been reviewed and approved by the Owner’s Designated Representative (see UGC 3.1.2 Director. The insurance shall have minimum policy limits as agreed by the XXXX and 013100, paragraph 2). Contractor shall provide evidence the Director as part of the establishment of CGMPs and/or the GMP. XXXX shall maintain the insurance coverage for: Workers’ Compensationthroughout the course of the Work and for a minimum of two years following Date of Substantial Completion. The design professional(s) professional liability insurance policy(ies) is (are) required to be furnished to the Program Manager prior to performance. No policy providing the insurance shall be cancelled, Employer’s Liabilitymaterially altered, Comprehensive General Liabilityor allowed to expire without 30 days prior written notice to Program Manager. 11.3 Prior to commencing the Work, Builder’s Risk XXXX shall be required to purchase and Comprehensive Automobile Liability in maintain the amounts as insurance coverages set forth in Article 11 of the UGCsGeneral Conditions; provided however, that XXXX may delay purchase and maintenance of Owner’s and Contractor’s Protective Liability, Installation Floater, and Property and Casualty Coverage until no later than 10 days of the date the Director accepts the CGMP and or GMP Proposals, as applicable. All The XXXX shall not commence Construction Phase Services unless all insurance coverages set forth in Article 11 of this required coverage shall remain the General Conditions are in full force and effect throughout the term effect. 11.4 XXXX shall not request payment, and City shall not be required to pay for XXXX’x additional general liability insurance, builder’s all risk insurance or any other form of insurance coverage that is in excess of the Project required coverage amounts specified in this Agreement and in Article 11 of the General Conditions, and City shall be increased as necessary entitled to repayment of any amounts paid in excess of what City is required to pay. The additional costs for each separate bid package, phase, change order, or Stage coverages in addition to those coverages specifically required by this Agreement shall be the sole responsibility of construction prior to the commencement of construction for that package, phase, or Stage. Owner’s review of the evidence of insurance provided by the Contractor shall not relieve nor decrease the liability of the ContractorXXXX. 10.3 The Contractor shall not cause or allow any of its required insurance to lapse or be canceled during the term of the Contract or as otherwise required in the Contract. If the Contractor fails to obtain, maintain or renew any insurance required by the Contract, the Owner may obtain insurance coverage directly and recover the cost of that insurance from the Contractor. 10.4 The Owner 11.5 City reserves the right to reevaluate review the insurance requirements set forth in this Article and the General Conditions during the effective period of the Contract Agreement and to make reasonable adjustments to the insurance coverages and their limits when deemed necessary and prudent by the Owner City based upon changes in statutory law, court decisions, or the claims history of the industry or XXXX. XXXX shall use its best efforts to comply with City’s requests hereunder, and a Change Order shall be issued compensating XXXX for the increased costs of insurance premiums incurred as well as the Contractor. Such changes will be incorporated into this Contract by Change Ordera result thereof. 10.5 The Owner 11.6 City shall be entitled, upon request, and without expense, to receive complete copies of the policies with and all endorsements thereto and may make any reasonable requests for deletion, or revision or modification of particular policy terms, conditions, limitations, or exclusions, except where policy provisions are established by law or regulation binding upon either of the Parties or the underwriter of any of such policespolices or to the extent that such deletion, revision, or modification results in increased costs for insurance premiums and City does not agree to compensate XXXX for such increased costs after receiving notice from XXXX of such increased costs. Damages caused To the extent the losses should have been covered by insurance required by the Contractor and Contract Documents that XXXX failed to provide, then actual losses not covered by insurance as required by this Article shall be paid by the ContractorXXXX. 10.6 Firm 11.7 XXXX shall require also procure Pollution Liability Insurance as authorized and approved by the Director, to provide insurance coverage for XXXX with respect to its Consultants obligations, if any, whether included in the GMP, directed or agreed to maintain Commercial General Liability by change order for hazardous materials abatement, handling and Business Auto Liability coverage with a company satisfactory to Owner disposal. The actual limits will be reviewed and with limits acceptable to Ownermutually agreed upon as part of the establishment of the GMP.

BONDS AND INSURANCE. 10.1 The Contractor 11.1 Within 10 days of the date the DESIGN-BUILD CONTRACTOR executes this Contract, DESIGN-BUILD CONTRACTOR shall provide performance and payment bonds on forms prescribed by Owner and City in accordance with the requirements set forth Exhibit “G”, unless in the UGCs (Article 5)discretion of the Director, the DESIGN-BUILD CONTRACTOR furnishes a security bond acceptable to the Director to ensure that the DESIGN- BUILD CONTRACTOR will furnish the required performance and payment bonds when a CGMP or the GMP is established. The penal sum of the payment and performance bonds shall be equal to the Contract Sumconstruction budget, as specified in the request for qualifications, or as otherwise specified by the Director. 10.1.1 If for any reason 11.2 DESIGN-BUILD CONTRACTOR shall cause its design professional(s) to purchase and maintain professional liability, worker’s compensation, automobile liability, commercial general liability and excess insurance, covering the CM should desire coverage for the guarantee of performance or payment of subcontractors in addition Preconstruction Phase Services and Construction Phase Services provided under this Contract, as is acceptable to the bonds required by 17.2, the expense of such additional coverage shall be included in the Direct Construction Cost. 10.2 The Contractor shall not commence work under the Contract until it has obtained all required insurance and until evidence of the required insurance has been reviewed and approved by the Owner’s Designated Representative (see UGC 3.1.2 and 013100, paragraph 2)Director. Contractor The insurance shall provide evidence of the insurance coverage for: Workers’ Compensation, Employer’s Liability, Comprehensive General Liability, Builder’s Risk and Comprehensive Automobile Liability in the amounts as have minimum policy limits set forth in Article 11 of the UGCsGeneral Conditions. All The premium for the insurance will be at no expense to the City. DESIGN-BUILD CONTRACTOR shall cause its design professional(s) to maintain the insurance throughout the course of this the Work and for a minimum of two years following the Date of Substantial Completion. Each design professional’s professional liability insurance policy is required coverage to be furnished to the Director prior to performance. No policy providing the insurance shall remain be cancelled, materially altered, or allowed to expire without 30 days’ prior written notice to Director. 11.3 Prior to commencing the Work, DESIGN-BUILD CONTRACTOR shall be required to purchase and maintain the insurance coverages set forth in Article 11 of the General Conditions; provided however, that DESIGN-BUILD CONTRACTOR may delay purchase and maintenance of Owner’s and Contractor’s Protective Liability, Installation Floater, and Property and Casualty Coverage until no later than 10 days of the date the Director accepts a CGMP and/or the GMP Submittals, as applicable. The DESIGN-BUILD CONTRACTOR shall not commence Construction Phase Services unless all insurance coverages set forth in Article 11 of the General Conditions are in full force and effect throughout the term effect. 11.4 DESIGN-BUILD CONTRACTOR shall not request payment, and City shall not be required to pay for DESIGN-BUILD CONTRACTOR’s additional general liability insurance, builder’s all risk insurance or any other form of insurance coverage that is in excess of the Project required coverage amounts specified in this Contract and in Article 11 of the General Conditions, and City shall be increased as necessary entitled to repayment of any amounts paid in excess of what City is required to pay. The additional costs for each separate bid package, phase, change order, or Stage coverages in addition to those coverages specifically required by this Contract shall be the sole responsibility of construction prior to the commencement of construction for that package, phase, or Stage. Owner’s review of the evidence of insurance provided by the Contractor shall not relieve nor decrease the liability of the ContractorDESIGN-BUILD CONTRACTOR. 10.3 The Contractor shall not cause or allow any of its required insurance to lapse or be canceled during the term of the Contract or as otherwise required in the Contract. If the Contractor fails to obtain, maintain or renew any insurance required by the Contract, the Owner may obtain insurance coverage directly and recover the cost of that insurance from the Contractor. 10.4 The Owner 11.5 City reserves the right to reevaluate review the insurance requirements set forth in this Article and the General Conditions during the effective period of the Contract and to make reasonable adjustments to the insurance coverages and their limits when deemed necessary and prudent by the Owner City based upon changes in statutory law, court decisions, or the claims history of the industry or DESIGN- BUILD CONTRACTOR. DESIGN-BUILD CONTRACTOR shall use its best efforts to comply with City’s requests hereunder, and a Change Order shall be issued compensating DESIGN-BUILD CONTRACTOR for the increased costs of insurance premiums incurred as well as the Contractor. Such changes will be incorporated into this Contract by Change Ordera result thereof. 10.5 The Owner 11.6 City shall be entitled, upon request, and without expense, to receive complete copies of the policies with and all endorsements thereto and may make any reasonable requests for deletion, or revision or modification of particular policy terms, conditions, limitations, or exclusions, except where policy provisions are established by law or regulation binding upon either of the Parties or the underwriter of any of such policespolices or to the extent that such deletion, revision, or modification results in increased costs for insurance premiums and City does not agree to compensate DESIGN-BUILD CONTRACTOR for such increased costs after receiving notice from DESIGN-BUILD CONTRACTOR of such increased costs. Damages caused To the extent the losses should have been covered by insurance required by the Contractor and Contract Documents that DESIGN-BUILD CONTRACTOR failed to provide, then actual losses not covered by insurance as required by this Article shall be paid by the ContractorDESIGN-BUILD CONTRACTOR. 10.6 Firm 11.7 DESIGN BUILD CONTRACTOR shall require also procure Pollution Liability Insurance as authorized and approved by the Director, to provide insurance coverage for DESIGN BUILD CONTRACTOR with respect to its Consultants obligations, if any, whether included in the GMP, directed or agreed to maintain Commercial General Liability by change order for hazardous materials abatement, handling and Business Auto Liability coverage with a company satisfactory to Owner disposal. The actual limits will be reviewed and with limits acceptable to Ownermutually agreed upon as part of the establishment of the GMP.

BONDS AND INSURANCE. 10.1 The Contractor 12.1 Within 10 days of the date the DESIGN BUILD CONTRACTOR executes this Contract, DESIGN BUILD CONTRACTOR shall provide performance and payment bonds on forms prescribed by Owner and City in accordance with the requirements set forth Exhibit “G”, unless in the UGCs (Article 5)discretion of the Director, the DESIGN BUILD CONTRACTOR furnishes a security bond acceptable to the Director to ensure that the DESIGN BUILD CONTRACTOR will furnish the required performance and payment bonds when a CGMP or the GMP is established. The penal sum of the payment and performance bonds shall be equal to the Contract Sumconstruction budget, as specified in the request for qualifications, or as otherwise specified by the Director. 10.1.1 If for any reason 12.2 DESIGN BUILD CONTRACTOR shall cause its design professional(s) to purchase and maintain professional liability, worker’s compensation, automobile liability, commercial general liability and excess insurance, covering the CM should desire coverage for the guarantee of performance or payment of subcontractors in addition Preconstruction Phase Services and Construction Phase Services provided under this Contract, as is acceptable to the bonds required by 17.2, the expense of such additional coverage shall be included in the Direct Construction Cost. 10.2 The Contractor shall not commence work under the Contract until it has obtained all required insurance and until evidence of the required insurance has been reviewed and approved by the Owner’s Designated Representative (see UGC 3.1.2 and 013100, paragraph 2)Director. Contractor The insurance shall provide evidence of the insurance coverage for: Workers’ Compensation, Employer’s Liability, Comprehensive General Liability, Builder’s Risk and Comprehensive Automobile Liability in the amounts as have minimum policy limits set forth in Article 11 of the UGCsGeneral Conditions. All The premium for the insurance will be at no expense to the City. DESIGN BUILD CONTRACTOR shall cause its design professional(s) to maintain the insurance throughout the course of this the Work and for a minimum of two years following the Date of Substantial Completion. Each design professional’s professional liability insurance policy is required to be furnished to the Director prior to performance. No policy providing the insurance shall be cancelled, materially altered, or allowed to expire without 30 days’ prior written notice to Director. 12.3 Prior to commencing the Work, DESIGN BUILD CONTRACTOR shall be required to purchase and maintain the insurance coverages set forth in Article 11 of the General Conditions; provided however, that DESIGN BUILD CONTRACTOR may delay purchase and maintenance of 12.4 DESIGN BUILD CONTRACTOR shall not request payment, and City shall not be required to pay for DESIGN BUILD CONTRACTOR’s additional general liability insurance, builder’s all risk insurance or any other form of insurance coverage that is in excess of the required coverage shall remain amounts specified in full force this Contract and effect throughout the term in Article 11 of the Project General Conditions, and City shall be increased as necessary entitled to repayment of any amounts paid in excess of what City is required to pay. The additional costs for each separate bid package, phase, change order, or Stage coverages in addition to those coverages specifically required by this Contract shall be the sole responsibility of construction prior to the commencement of construction for that package, phase, or Stage. Owner’s review of the evidence of insurance provided by the Contractor shall not relieve nor decrease the liability of the ContractorDESIGN BUILD CONTRACTOR. 10.3 The Contractor shall not cause or allow any of its required insurance to lapse or be canceled during the term of the Contract or as otherwise required in the Contract. If the Contractor fails to obtain, maintain or renew any insurance required by the Contract, the Owner may obtain insurance coverage directly and recover the cost of that insurance from the Contractor. 10.4 The Owner 12.5 City reserves the right to reevaluate review the insurance requirements set forth in this Article and the General Conditions during the effective period of the Contract and to make reasonable adjustments to the insurance coverages and their limits when deemed necessary and prudent by the Owner City based upon changes in statutory law, court decisions, or the claims history of the industry or DESIGN BUILD CONTRACTOR. DESIGN BUILD CONTRACTOR shall use its best efforts to comply with City’s requests hereunder, and a Change Order shall be issued compensating DESIGN BUILD CONTRACTOR for the increased costs of insurance premiums incurred as well as the Contractor. Such changes will be incorporated into this Contract by Change Ordera result thereof. 10.5 The Owner 12.6 City shall be entitled, upon request, and without expense, to receive complete copies of the policies with and all endorsements thereto and may make any reasonable requests for deletion, or revision or modification of particular policy terms, conditions, limitations, or exclusions, except where policy provisions are established by law or regulation binding upon either of the Parties or the underwriter of any of such policespolices or to the extent that such deletion, revision, or modification results in increased costs for insurance premiums and City does not agree to compensate DESIGN BUILD CONTRACTOR for such increased costs after receiving notice from DESIGN BUILD CONTRACTOR of such increased costs. Damages caused To the extent the losses should have been covered by insurance required by the Contractor and Contract Documents that DESIGN BUILD CONTRACTOR failed to provide, then actual losses not covered by insurance as required by this Article shall be paid by the ContractorDESIGN BUILD CONTRACTOR. 10.6 Firm 12.7 DESIGN BUILD CONTRACTOR shall require also procure Pollution Liability Insurance as authorized and approved by the Director, to provide insurance coverage for DESIGN BUILD CONTRACTOR with respect to its Consultants obligations, if any, whether included in the GMP, directed or agreed to maintain Commercial General Liability by change order for hazardous materials abatement, handling and Business Auto Liability disposal. The actual limits will be reviewed and mutually agreed upon as part of the establishment of the GMP. 11.8 City shall have the option of obtaining its own insurance coverage for part or all of the Vehicle Maintenance Facility project. In the event City’s insurance provides coverage for some or all of DESIGN BUILD CONTRACTOR’s obligations under this Contract, City shall have the option of replacing all or part of DESIGN BUILD CONTRACTOR’s insurance with a company satisfactory the City’s insurance. 12.8 City intends to establish an Owner Controlled Insurance Program (“OCIP”) for this Project. In the event City procures an OCIP, DESIGN BUILD CONTRACTOR may participate in the OCIP. If and with limits acceptable when the OCIP is established, the Director shall send notice to Owner.DESIGN BUILD

BONDS AND INSURANCE. 10.1 The Contractor 11.1 Within ten (10) days of the date the DESIGN BUILD CONTRACTOR executes this Agreement, DESIGN BUILD CONTRACTOR shall provide performance and payment bonds on forms prescribed by Owner City in Exhibit “F”, unless the DESIGN BUILD CONTRACTOR furnishes other financial security acceptable to the Director to ensure that the DESIGN BUILD CONTRACTOR will furnish the required performance and in accordance with the requirements set forth in the UGCs (Article 5)payment bonds when a Guaranteed Maximum Price is established. The penal sum of the payment and performance bonds shall be equal to the Contract Sumconstruction budget, as specified in the request proposals or qualifications, or as otherwise specified by the Director. When a Guaranteed Maximum Price is established, the DESIGN BUILD CONTRACTOR shall provide performance and payment bonds in accordance with the requirements of the General Conditions. 10.1.1 If for any reason 11.2 DESIGN BUILD CONTRACTOR shall cause its design professional(s) to purchase and maintain professional liability, errors and omissions insurance, covering the CM should desire coverage for the guarantee of performance or payment of subcontractors in addition Preconstruction Phase Services and Construction Phase Services provided under this Agreement, as is acceptable to the bonds required by 17.2, the expense of such additional coverage shall be included in the Direct Construction Cost. 10.2 The Contractor shall not commence work under the Contract until it has obtained all required insurance and until evidence of the required insurance has been reviewed and approved by the Owner’s Designated Representative (see UGC 3.1.2 Director. The insurance shall have minimum policy limits of $5,000,000 in the aggregate and 013100, paragraph 2)$5,000,000 per claim or such higher limits as may be otherwise required in the Contract Documents. Contractor The premium for the insurance will be at no expense to the City. DESIGN BUILD CONTRACTOR shall provide evidence cause its design professional(s) to maintain the insurance throughout the course of the Work and for a minimum of two years following Date of Substantial Completion. The design professional(s) professional liability insurance coverage for: Workers’ Compensationpolicy(ies) is (are) required to be furnished to the Director prior to performance. No policy providing the insurance shall be cancelled, Employer’s Liabilitymaterially altered, Comprehensive General Liabilityor allowed to expire without 30 days prior written notice to Director. 11.3 Prior to commencing the Work, Builder’s Risk DESIGN BUILD CONTRACTOR shall be required to purchase and Comprehensive Automobile Liability in maintain the amounts as insurance coverages set forth in Article 11 of the UGCsGeneral Conditions; provided however, that DESIGN BUILD CONTRACTOR may delay purchase and maintenance of Owner’s and Contractor’s Protective Liability, Installation Floater, and Property and Casualty Coverage until no later than 10 days of the date the Director accepts the GMP Proposal. All The DESIGN BUILD CONTRACTOR shall not commence Construction Phase Services unless all insurance coverages set forth in Article 11 of this required coverage shall remain the General Conditions are in full force and effect throughout the term effect. 11.4 DESIGN BUILD CONTRACTOR shall not request payment, and City shall not be required to pay for DESIGN BUILD CONTRACTOR’s additional general liability insurance, builder’s all risk insurance or any other form of insurance coverage that is in excess of the Project required coverage amounts specified in this Agreement and in Article 11 of the General Conditions, and City shall be increased as necessary entitled to repayment of any amounts paid in excess of what City is required to pay. The additional costs for each separate bid package, phase, change order, or Stage coverages in addition to those coverages specifically required by this Agreement shall be the sole responsibility of construction prior to the commencement of construction for that package, phase, or Stage. Owner’s review of the evidence of insurance provided by the Contractor shall not relieve nor decrease the liability of the ContractorDESIGN BUILD CONTRACTOR. 10.3 The Contractor shall not cause or allow any of its required insurance to lapse or be canceled during the term of the Contract or as otherwise required in the Contract. If the Contractor fails to obtain, maintain or renew any insurance required by the Contract, the Owner may obtain insurance coverage directly and recover the cost of that insurance from the Contractor. 10.4 The Owner 11.5 City reserves the right to reevaluate review the insurance requirements set forth in this Article and the Conditions of the Contract during the effective period of the Contract Agreement and to make reasonable adjustments to the insurance coverages and their limits when deemed necessary and prudent by the Owner City based upon changes in statutory law, court decisions, or the claims history of the industry or DESIGN BUILD CONTRACTOR. DESIGN BUILD CONTRACTOR shall use its best efforts to comply with City’s requests hereunder, and a Change Order shall be issued compensating DESIGN BUILD CONTRACTOR for the increased costs of insurance premiums incurred as well as the Contractor. Such changes will be incorporated into this Contract by Change Ordera result thereof. 10.5 The Owner 11.6 City shall be entitled, upon request, and without expense, to receive complete copies of the policies with and all endorsements thereto and may make any reasonable requests for deletion, or revision or modification of particular policy terms, conditions, limitations, or exclusions, except where policy provisions are established by law or regulation binding upon either of the Parties or the underwriter of any of such policespolices or to the extent that such deletion, revision, or modification results in increased costs for insurance premiums and City does not agree to compensate DESIGN BUILD CONTRACTOR for such increased costs after receiving notice from DESIGN BUILD CONTRACTOR of such increased costs. Damages caused To the extent the losses should have been covered by insurance required by the Contractor and Contract Documents that DESIGN BUILD CONTRACTOR failed to provide, then actual losses not covered by insurance as required by this Article shall be paid by the ContractorDESIGN BUILD CONTRACTOR. 10.6 Firm 11.7 DESIGN BUILD CONTRACTOR shall require also procure Pollution Liability Insurance as authorized and approved by the Director, to provide insurance coverage for DESIGN BUILD CONTRACTOR with respect to its Consultants obligations, if any, whether included in the GMP, directed or agreed to maintain Commercial General Liability by change order for hazardous materials abatement, handling and Business Auto Liability coverage with a company satisfactory to Owner disposal. The actual limits will be reviewed and with limits acceptable to Ownermutually agreed upon as part of the establishment of the GMP.

BONDS AND INSURANCE. 10.1 The Contractor 11.1 Within 10 days of the date the XXXX executes the Agreement, XXXX shall provide performance and payment bonds on forms prescribed by Owner and City in accordance with the requirements set forth Exhibit “G”, unless in the UGCs (Article 5)discretion of the Director, the XXXX furnishes security bond acceptable to the Director, to ensure that the XXXX will furnish the required performance and payment bonds when a Guaranteed Maximum Price is established. The penal sum of the payment and performance bonds shall be equal to the Contract Sumconstruction budget as specified in the request for proposals or qualifications, or as otherwise specified by the Director. When a Guaranteed Maximum Price is established, the XXXX shall provide performance and payment bonds in accordance with the requirements of the General Conditions. 10.1.1 If for any reason 11.2 XXXX shall purchase and maintain professional liability, errors and omissions insurance, covering the CM should desire coverage for the guarantee of performance or payment of subcontractors in addition Preconstruction Phase Services and Construction Phase Services provided under this Agreement, as is acceptable to the bonds required by 17.2, the expense of such additional coverage shall be included in the Direct Construction Cost. 10.2 The Contractor shall not commence work under the Contract until it has obtained all required insurance and until evidence of the required insurance has been reviewed and approved by the Owner’s Designated Representative (see UGC 3.1.2 Program Manager. The insurance shall have minimum policy limits as agreed by the XXXX and 013100, paragraph 2). Contractor shall provide evidence the City as part of the establishment of the GMP. XXXX shall maintain the insurance coverage for: Workers’ Compensationthroughout the course of the Work and for a minimum of two years following Date of Substantial Completion. The design 11.3 Prior to commencing the Work, Employer’s Liability, Comprehensive General Liability, Builder’s Risk XXXX shall be required to purchase and Comprehensive Automobile Liability in maintain the amounts as insurance coverages set forth in Article 11 of the UGCsGeneral Conditions; provided however, that XXXX may delay purchase and maintenance of Owner’s and Contractor’s Protective Liability, Installation Floater, and Property and Casualty Coverage until no later than 10 days of the date the Program Manager accepts the GMP Proposal. All The XXXX shall not commence Construction Phase Services unless all insurance coverages set forth in Article 11 of this required coverage shall remain the General Conditions are in full force and effect throughout the term effect. 11.4 XXXX shall not request payment, and City shall not be required to pay for XXXX’x additional general liability insurance, builder’s all risk insurance or any other form of insurance coverage that is in excess of the Project required coverage amounts specified in this Agreement and in Article 11 of the General Conditions, and City shall be increased as necessary entitled to repayment of any amounts paid in excess of what City is required to pay. The additional costs for each separate bid package, phase, change order, or Stage coverages in addition to those coverages specifically required by this Agreement shall be the sole responsibility of construction prior to the commencement of construction for that package, phase, or Stage. Owner’s review of the evidence of insurance provided by the Contractor shall not relieve nor decrease the liability of the ContractorXXXX. 10.3 The Contractor shall not cause or allow any of its required insurance to lapse or be canceled during the term of the Contract or as otherwise required in the Contract. If the Contractor fails to obtain, maintain or renew any insurance required by the Contract, the Owner may obtain insurance coverage directly and recover the cost of that insurance from the Contractor. 10.4 The Owner 11.5 City reserves the right to reevaluate review the insurance requirements set forth in this Article and the Conditions of the Contract during the effective period of the Contract Agreement and to make reasonable adjustments to the insurance coverages and their limits when deemed necessary and prudent by the Owner City based upon changes in statutory law, court decisions, or the claims history of the industry or XXXX. XXXX shall use its best efforts to comply with City’s requests hereunder, and a Change Order shall be issued compensating XXXX for the increased costs of insurance premiums incurred as well as the Contractor. Such changes will be incorporated into this Contract by Change Ordera result thereof. 10.5 The Owner 11.6 City shall be entitled, upon request, and without expense, to receive complete copies of the policies with and all endorsements thereto and may make any reasonable requests for deletion, or revision or modification of particular policy terms, conditions, limitations, or exclusions, except where policy provisions are established by law or regulation binding upon either of the Parties or the underwriter of any of such policespolices or to the extent that such deletion, revision, or modification results in increased costs for insurance premiums and City does not agree to compensate XXXX for such increased costs after receiving notice from XXXX of such increased costs. Damages caused To the extent the losses should have been covered by insurance required by the Contractor and Contract Documents that XXXX failed to provide, then actual losses not covered by insurance as required by this Article shall be paid by the ContractorXXXX. 10.6 Firm 11.7 XXXX shall require also procure Pollution Liability Insurance as authorized and approved by the Director, to provide insurance coverage for XXXX with respect to its Consultants obligations, if any, whether included in the GMP, directed or agreed to maintain Commercial General Liability by change order for hazardous materials abatement, handling and Business Auto Liability coverage with a company satisfactory disposal. The actual limits will be reviewed and mutually agreed upon as part of the establishment of the GMP. 11.8 City intends to establish an Owner Controlled Insurance Program (“OCIP”) for this Project. In the event City procures an OCIP, XXXX may participate in the OCIP. If and with limits acceptable to Owner.when

BONDS AND INSURANCE. 10.1 13.1 Upon execution of this Master Agreement, Contractor shall provide a security bond on the form provided by Owner in the amount of 5% of the Budgeted Construction Cost. The surety for a security bond shall meet the same requirements as set forth for payment and performance bonds. 13.2 Upon acceptance by Owner of the Guaranteed Maximum Price Proposal, Contractor shall provide performance and payment bonds on forms prescribed by Owner and in accordance with the requirements set forth in the UGCs (Article 5)UGSC. The penal sum of the payment and performance bonds shall be equal to the Contract SumGMP. If construction is phased or staged with different Guaranteed Maximum Prices established at different times, the penal sum of the bonds shall be increased at the start of each stage or phase based on the cumulative total value of all Guaranteed Maximum Prices in effect. 10.1.1 If for any reason the CM should desire coverage for the guarantee of performance or payment of subcontractors in addition to the bonds required by 17.2, the expense of such additional coverage shall be included in the Direct Construction Cost. 10.2 The 13.3 Contractor shall not commence work under the Contract this Master Agreement until it has obtained all required insurance (Exhibit I) and until evidence of the required insurance has been reviewed and approved by the Owner’s Designated Representative (see UGC 3.1.2 and 013100, paragraph 2). Contractor shall provide evidence of the insurance coverage for: Workers’ Compensation, Employer’s Liability, Comprehensive General Liability, Builder’s Risk and Comprehensive Automobile Liability in the amounts as set forth in the UGCs. All of this required coverage shall remain in full force and effect throughout the term of the Project and shall be increased as necessary for each separate bid package, phase, change order, or Stage of construction prior to the commencement of construction for that package, phase, or Stage. Owner’s review of the evidence of insurance provided by the Contractor shall not relieve nor decrease the liability of the Contractor. 10.3 The Contractor shall not cause or allow any of its required insurance to lapse or be canceled during the term of the Contract or as otherwise required in the Contract. If the Contractor fails to obtain, maintain or renew any insurance required by the Contract, the Owner may obtain insurance coverage directly and recover the cost of that insurance from the Contractor. 10.4 The 13.4 Owner reserves the right to reevaluate review the insurance requirements set forth in this Article during the effective period of the Contract this Master Agreement and to make reasonable adjustments to the insurance coverages and their limits when deemed necessary and prudent by the Owner based upon changes in statutory law, court decisions, or the claims history of the industry as well as in general and the claims history of Contractor. Such changes will be incorporated into this Contract by Change Order. 10.5 The 13.5 Owner shall be entitled, upon request, and without expense, to receive complete copies of the policies with all endorsements and may make any reasonable requests for deletion, or revision or modification of particular policy terms, conditions, limitations, or exclusions, except where policy provisions are established by law or regulation binding upon the Parties or the underwriter of any of such polices. Damages caused by the Contractor and not covered by insurance shall be paid by Contractor upon demand, or, to the extent of unpaid fees, shall be deducted by Owner from Contractor’s fee. 13.6 The cost of premiums for any additional insurance coverage desired by Contractor in excess of that required by this Master Agreement shall be borne solely by Contractor. 10.6 Firm shall require its Consultants to maintain Commercial General Liability and Business Auto Liability coverage with a company satisfactory to Owner and with limits acceptable to Owner.

BONDS AND INSURANCE. 10.1 The Contractor shall provide performance execute the Performance and payment bonds on forms prescribed by Owner Payment Bonds and in accordance with the Proof of Insurance conforming to requirements as set forth in the UGCs (Article 5)herein. The penal sum of the payment and performance bonds Cost for such Bonds shall be equal to the Contract Sum. 10.1.1 If for any reason the CM should desire coverage for the guarantee paid by Contractor. Proof of performance or payment of subcontractors in addition to the bonds required by 17.2, the expense of such additional coverage shall be included in the Direct Construction Cost. 10.2 The Contractor shall not commence work under the Contract until it has obtained all required insurance and until evidence of the required insurance has been reviewed and approved by the Owner’s Designated Representative (see UGC 3.1.2 and 013100, paragraph 2)must accompany this Agreement. Contractor shall provide evidence of obtain all licenses and permits and promptly pay all ad valorem taxes required by the insurance coverage for: Workers’ Compensation, Employer’s Liability, Comprehensive General Liability, Builder’s Risk City and Comprehensive Automobile Liability in by the amounts as set forth in the UGCsState. All of Contractor shall at all times during this required coverage shall remain Agreement maintain in full force and effect throughout employer’s liability, worker’s compensation, automobile liability, general liability, and umbrella liability insurance, including contractual liability coverage, for all drivers, helpers, and other employees performing the term work. All insurance shall be for policy limits acceptable to the City; and, before commencement of work hereunder, Contractor agrees to furnish the City certificates of insurance or other evidence satisfactory to the City to the effect that such insurance has been procured and is in force. City shall be named as an additional insured on all policies herein required, except Worker’s Compensation. A waiver of subrogation in favor of the Project City shall be executed for all policies including Worker’s Compensation. The certificates shall contain the following express obligations: “This is to verify that the policies of insurance described herein have been issued to the insured for whom this certificate is executed and are in force at this time. In the event of cancellation or material change in policy affecting the certificate holder, thirty (30) days prior written notice will be given the certificate holder.” For purpose of this Agreement, Contractor shall carry the following types of insurance in at least the limits specified below: Type Coverage Per Occurrence Aggregate Workers Compensation As required by law and shall be increased as necessary for each separate bid packagecover all employees including drivers. As required by law. Employer's Liability $1,000,000 $1,000,000 Comprehensive & General Liability $1,000,000 $2,000,000 Automobile Bodily Injury and Property Damage Liability $5,000,000 Umbrella Liability $10,000,000 $10,000,000 Performance Bond: Upon Contract execution, phaseContractor shall furnish to The City a Performance Bond from a reputable banking institution, change orderreasonably acceptable to The City, or Stage of construction prior with a corporate surety to guarantee the commencement of construction for that package, phase, or Stage. Owner’s review faithful performance of the evidence of insurance provided by obligations under the Contractor shall Contract in the amount equal to one hundred thousand dollars ($100,000). The Performance Bond will not relieve nor decrease the liability of the Contractor. 10.3 The Contractor shall not cause or allow any of its required insurance to lapse or be canceled during the term suffice for purposes of the Contract or as otherwise required in until the Contract. If the Contractor fails to obtain, maintain or renew any insurance required by the Contract, the Owner may obtain insurance coverage directly and recover the cost of that insurance from the Contractor. 10.4 The Owner reserves the right to reevaluate the insurance requirements during the effective period of the Contract and to make reasonable adjustments to the insurance coverages and their limits when deemed necessary and prudent by the Owner based upon changes in statutory law, court decisions, or the claims history of the industry as well as the Contractor. Such changes will be incorporated into this Contract by Change Order. 10.5 The Owner shall be entitled, upon request, and without expense, to receive complete copies of the policies with all endorsements and may make any reasonable requests for deletion, or revision or modification of particular policy terms, conditions, limitations, and provisions of the Bond are approved by legal counsel for The City. The Contractor shall pay all premiums chargeable for the Performance Bond. The Performance Bond shall be valid and non- cancelable for the Initial Term of the Contract (or exclusions, except where policy provisions are established by law or regulation binding upon shall be annual but renewed each year prior to its expiration) and shall be renewed for the Parties or the underwriter period of any of such polices. Damages caused by the Contractor and not covered by insurance Renewal Term (or shall be paid by the Contractorannual but renewed each year prior to its expiration). 10.6 Firm shall require its Consultants to maintain Commercial General Liability and Business Auto Liability coverage with a company satisfactory to Owner and with limits acceptable to Owner.

BONDS AND INSURANCE. 10.1 The Contractor 12.1 Within 10 days of the date the DESIGN BUILD CONTRACTOR executes this Contract, DESIGN BUILD CONTRACTOR shall provide performance and payment bonds on forms prescribed by Owner and City in accordance with the requirements set forth Exhibit “G”, unless in the UGCs (Article 5)discretion of the Director, the DESIGN BUILD CONTRACTOR furnishes a security bond acceptable to the Director to ensure that the DESIGN BUILD CONTRACTOR will furnish the required performance and payment bonds when a CGMP or the GMP is established. The penal sum of the payment and performance bonds shall be equal to the Contract Sumconstruction budget, as specified in the request for qualifications, or as otherwise specified by the Director. 10.1.1 If for any reason 12.2 DESIGN BUILD CONTRACTOR shall cause its design professional(s) to purchase and maintain professional liability, worker’s compensation, automobile liability, commercial general liability and excess insurance, covering the CM should desire coverage for the guarantee of performance or payment of subcontractors in addition Preconstruction Phase Services and Construction Phase Services provided under this Contract, as is acceptable to the bonds required by 17.2, the expense of such additional coverage shall be included in the Direct Construction Cost. 10.2 The Contractor shall not commence work under the Contract until it has obtained all required insurance and until evidence of the required insurance has been reviewed and approved by the Owner’s Designated Representative (see UGC 3.1.2 Director. The 12.3 Prior to commencing the Work, DESIGN BUILD CONTRACTOR shall be required to purchase and 013100, paragraph 2). Contractor shall provide evidence of maintain the insurance coverage for: Workers’ Compensation, Employer’s Liability, Comprehensive General Liability, Builder’s Risk and Comprehensive Automobile Liability in the amounts as coverages set forth in Article 11 of the UGCsGeneral Conditions; provided however, that DESIGN BUILD CONTRACTOR may delay purchase and maintenance of Owner’s and Contractor’s Protective Liability, Installation Floater, and Property and Casualty Coverage until no later than 10 days of the date the Director accepts a CGMP and/or the GMP Submittals, as applicable. All The DESIGN BUILD CONTRACTOR shall not commence Construction Services unless all insurance coverages set forth in Article 11 of this required coverage shall remain the General Conditions are in full force and effect throughout the term effect. 12.4 DESIGN BUILD CONTRACTOR shall not request payment, and City shall not be required to pay for DESIGN BUILD CONTRACTOR’s additional general liability insurance, additional builder’s all risk insurance or any other form of insurance coverage that is in excess of the Project required coverage amounts specified in this Contract and in Article 11 of the General Conditions, and City shall be increased as necessary entitled to repayment of any amounts paid in excess of what City is required to pay. The additional costs for each separate bid package, phase, change order, or Stage coverages in addition to those coverages specifically required by this Contract shall be the sole responsibility of construction prior to the commencement of construction for that package, phase, or Stage. Owner’s review of the evidence of insurance provided by the Contractor shall not relieve nor decrease the liability of the ContractorDESIGN BUILD CONTRACTOR. 10.3 The Contractor shall not cause or allow any of its required insurance to lapse or be canceled during the term of the Contract or as otherwise required in the Contract. If the Contractor fails to obtain, maintain or renew any insurance required by the Contract, the Owner may obtain insurance coverage directly and recover the cost of that insurance from the Contractor. 10.4 The Owner 12.5 City reserves the right to reevaluate review the insurance requirements set forth in this Article and the General Conditions during the effective period of the Contract and to make reasonable adjustments to the insurance coverages and their limits when deemed necessary and prudent by the Owner City based upon changes in statutory law, court decisions, or the claims history of the industry or DESIGN BUILD CONTRACTOR. DESIGN BUILD CONTRACTOR shall use its best efforts to comply with City’s requests hereunder, and a Change Order shall be issued compensating DESIGN BUILD CONTRACTOR for the increased costs of insurance premiums incurred as well as the Contractor. Such changes will be incorporated into this Contract by Change Ordera result thereof. 10.5 The Owner 12.6 City shall be entitled, upon request, and without expense, to receive complete copies of the policies with and all endorsements thereto and may make any reasonable requests for deletion, or revision or modification of particular policy terms, conditions, limitations, or exclusions, except where policy provisions are established by law or regulation binding upon either of the Parties or the underwriter of any of such policespolices or to the extent that such deletion, revision, or modification results in increased costs for insurance premiums and City does not agree to compensate DESIGN BUILD CONTRACTOR for such increased costs after receiving notice from DESIGN BUILD CONTRACTOR of such increased costs. Damages caused To the extent the losses should have been covered by insurance required by the Contractor and Contract Documents that DESIGN BUILD CONTRACTOR failed to provide, then actual losses not covered by insurance as required by this Article shall be paid by the ContractorDESIGN BUILD CONTRACTOR. 12.7 DESIGN BUILD CONTRACTOR shall also procure Pollution Liability Insurance as authorized and approved by the Director, to provide insurance coverage for DESIGN BUILD CONTRACTOR with respect to its obligations, if any, whether included in the GMP, directed or 12.8 City shall have the option of obtaining its own insurance coverage for part or all of the Terminal A Curbside Improvements Facility project. In the event City’s insurance provides coverage for some or all of DESIGN BUILD CONTRACTOR’s obligations under this Contract, City shall have the option of replacing all or part of DESIGN BUILD CONTRACTOR’s insurance with the City’s insurance. 12.9 City intends to establish an Owner Controlled Insurance Program (“OCIP”) for this Project. In the event City procures an OCIP, DESIGN BUILD CONTRACTOR may participate in the OCIP. If and when the OCIP is established, the Director shall send notice to DESIGN BUILD CONTRACTOR and DESIGN BUILD CONTRACTOR must respond within 10 days either opting into or out of the OCIP. If DESIGN BUILD CONTRACTOR opts into the OCIP, the insurance requirements described in Sections 10.3 through 10.6 Firm shall require its Consultants to maintain Commercial General Liability and Business Auto Liability coverage with a company satisfactory to Owner and with limits acceptable to Ownerbe eliminated. If DESIGN BUILD CONTRACTOR opts out of the OCIP, all insurance requirements described herein remain mandatory.

BONDS AND INSURANCE. 10.1 The Contractor 11.1 Within ten (10) days of the date the DESIGN BUILD CONTRACTOR executes this Agreement, DESIGN BUILD CONTRACTOR shall provide performance and payment bonds on forms prescribed by Owner and City in Exhibit “F”, in accordance with the requirements set forth in the UGCs (Article 5)General Conditions, unless the DESIGN BUILD CONTRACTOR furnishes other financial security acceptable to the Director to ensure that the DESIGN BUILD CONTRACTOR will furnish the required performance and payment bonds when a Guaranteed Maximum Price is established. The penal sum of the payment and performance bonds shall be equal to the Contract Sumconstruction budget, as specified in the request for qualifications or proposals, or as otherwise specified by the Director. 10.1.1 If for any reason 11.2 DESIGN BUILD CONTRACTOR shall cause its design professional(s) to purchase and maintain professional liability, errors and omissions insurance, covering the CM should desire coverage for the guarantee of performance or payment of subcontractors in addition Preconstruction Phase Services and Construction Phase Services provided under this Agreement, as is acceptable to the bonds required by 17.2, the expense of such additional coverage shall be included in the Direct Construction Cost. 10.2 The Contractor shall not commence work under the Contract until it has obtained all required insurance and until evidence of the required insurance has been reviewed and approved by the Owner’s Designated Representative (see UGC 3.1.2 Director. The insurance shall have minimum policy limits of $5,000,000 in the aggregate and 013100, paragraph 2)$5,000,000 per claim or such higher limits as may be otherwise required in the Contract Documents. Contractor The premium for the insurance will be at no expense to the City. DESIGN BUILD CONTRACTOR shall provide evidence cause its design professional(s) to maintain the insurance throughout the course of the Work and for a minimum of two years following Date of Substantial Completion. The design professional(s) professional liability insurance coverage for: Workers’ Compensationpolicy(ies) is(are) required to be furnished to the Director prior to performance. No policy providing the insurance shall be cancelled, Employer’s Liabilitymaterially altered, Comprehensive General Liabilityor allowed to expire without 30 days prior written notice to Director. 11.3 Prior to commencing the Work, Builder’s Risk DESIGN BUILD CONTRACTOR shall be required to purchase and Comprehensive Automobile Liability in maintain the amounts as insurance coverages set forth in Article 11 of the UGCsGeneral Conditions; provided however, that DESIGN BUILD CONTRACTOR may delay purchase and maintenance of Owner’s and Contractor’s Protective Liability, Installation Floater, and Property and Casualty Coverage until no later than 10 days of the date the Director accepts the GMP Proposal. All The DESIGN BUILD CONTRACTOR shall not commence Construction Phase Services unless all insurance coverages set forth in Article 11 of this required coverage shall remain the General Conditions are in full force and effect throughout the term effect. 11.4 DESIGN BUILD CONTRACTOR shall not request payment, and City shall not be required to pay for DESIGN BUILD CONTRACTOR’s additional general liability insurance, builder’s all risk insurance or any other form of insurance coverage that is in excess of the Project required coverage amounts specified in this Agreement and in Article 11 of the General Conditions, and City shall be increased as necessary entitled to repayment of any amounts paid in excess of what City is required to pay. The additional costs for each separate bid package, phase, change order, or Stage coverages in addition to those coverages specifically required by this Agreement shall be the sole responsibility of construction prior to the commencement of construction for that package, phase, or Stage. Owner’s review of the evidence of insurance provided by the Contractor shall not relieve nor decrease the liability of the ContractorDESIGN BUILD CONTRACTOR. 10.3 The Contractor shall not cause or allow any of its required insurance to lapse or be canceled during the term of the Contract or as otherwise required in the Contract. If the Contractor fails to obtain, maintain or renew any insurance required by the Contract, the Owner may obtain insurance coverage directly and recover the cost of that insurance from the Contractor. 10.4 The Owner 11.5 City reserves the right to reevaluate review the insurance requirements set forth in this Article and the Conditions of the Contract during the effective period of the Contract Agreement and to make reasonable adjustments to the insurance coverages and their limits when deemed necessary and prudent by the Owner City based upon changes in statutory law, court decisions, or the claims history of the industry or DESIGN BUILD CONTRACTOR. DESIGN BUILD CONTRACTOR shall use its best efforts to comply with City’s requests hereunder, and a Change Order shall be issued compensating DESIGN BUILD CONTRACTOR for the increased costs of insurance premiums incurred as well as the Contractor. Such changes will be incorporated into this Contract by Change Ordera result thereof. 10.5 The Owner 11.6 City shall be entitled, upon request, and without expense, to receive complete copies of the policies with and all endorsements thereto and may make any reasonable requests for deletion, or revision or modification of particular policy terms, conditions, limitations, or exclusions, except where policy provisions are established by law or regulation binding upon either of the Parties or the underwriter of any of such policespolices or to the extent that such deletion, revision, or modification results in increased costs for insurance premiums and City does not agree to compensate DESIGN BUILD CONTRACTOR for such increased costs after receiving notice from DESIGN BUILD CONTRACTOR of such increased costs. Damages caused To the extent the losses should have been covered by insurance required by the Contractor and Contract Documents that DESIGN BUILD CONTRACTOR failed to provide, then actual losses not covered by insurance as required by this Article shall be paid by the Contractor. 10.6 Firm shall require its Consultants to maintain Commercial General Liability and Business Auto Liability coverage with a company satisfactory to Owner and with limits acceptable to Owner.DESIGN BUILD CONTRACTOR

BONDS AND INSURANCE. 10.1 The Contractor 5.1 If the introductory section of this Subcontract requires Bonds to be provided as a condition to this Subcontract, Subcontractor shall provide performance to Contractor, as named obligee, a Payment Bond and payment bonds on forms prescribed by Owner and a Performance Bond in accordance with the requirements set forth in the UGCs (Article 5). The respective penal sum of the payment and performance bonds shall be sums equal to the Contract Sum. 10.1.1 If Subcontract Amount, on forms and with surety acceptable to Contractor. The premium costs incurred for any reason the CM should desire coverage for the guarantee of performance or payment of subcontractors in addition to the such bonds required by 17.2, the expense of such additional coverage shall be included in the Direct Construction Costsuch Subcontract Amount. 10.2 The Contractor 5.2 If such Bonds are required, Subcontractor shall not commence work have no right to receive any payments under this Subcontract until and unless Payment and Performance Bonds as called for in Paragraphs 5.1 are properly executed and furnished to Contractor, regardless of the status of the Work or performance by Subcontractor. 5.3 Subcontractor shall maintain at its own cost, such insurance as will protect it from claims under the Contract until it has obtained all required worker's compensation laws of the state in which the Work is being performed and also commercial general liability coverage, bodily injury and property damage insurance and until evidence automobile insurance, in such amounts and with such coverages to fulfill Subcontractor's obligations as described in this Subcontract. Liability insurance shall be carried on an occurrence basis. Amounts of insurance coverages provided shall be as required by the Contract Documents or as otherwise agreed between the parties separately, in writing. Such insurance shall provide coverage regardless of the negligent acts of any of the Owner, Contractor, Architect, Subcontractor and sub-subcontractors and any of their respective officers, directors, consultants, agents and employees. Subcontractor’s general liability, automobile and umbrella/excess policies shall be endorsed to include the Owner, Contractor, Architect, and their respective officers, directors, consultants, agents and employees as additional insureds, with the coverage granted by the additional insured provisions of these policies to be primary and without contribution. General Liability additional insured endorsement CG2010 11/85 edition or its equivalent is required. Prior to commencing the Work, and in no event later than fifteen (15) days after the execution of this Subcontract, Subcontractor shall cause a Certificate of Insurance to be executed by one or more companies acceptable to Contractor and shall file a copy thereof with Contractor. The Certificates of Insurance shall confirm that the required insurance has been reviewed coverages and limits are in effect and shall provide that such coverages and limits shall not be cancelled or allowed to lapse without thirty (30) days prior written notice to the Contractor except in the case of non-payment of premium in which case ten (10) days written notice will be given.. Contractor may withhold payment to Subcontractor pending receipt of such Certificates in approved form. Should Contractor request a copy of the actual policy from Subcontractor, the actual policy or a certified copy thereof will be supplied to Contractor. 5.4 Should Subcontractor fail or neglect to provide the required insurance, Contractor shall have the right, but not the duty, to provide such insurance and deduct from any money due to Subcontractor the costs of any and all premiums paid by Contractor for and on account of said insurance. 5.5 The insurance carriers shall have no right of subrogation against the Owner, Contractor, Architect, Subcontractor and sub- subcontractors and their respective officers, directors, consultants, agents and employees except that waiver of subrogation shall not apply as to professional liability claims arising under Exhibit E, if applicable. 5.6 The obligation of the Subcontractor under the contract documents with respect to insurance shall not be waived by the OwnerContractor’s Designated Representative (see UGC 3.1.2 and 013100, paragraph 2). Contractor shall provide failure to request evidence of insurance or to enforce any of the other provisions of the contract documents respecting insurance, or by the Contractor’s failure to respond to or object to any submission by the Subcontractor respecting insurance. The Subcontractor shall be liable to the Contractor for all damages incurred by the Contractor as a result of the Subcontractor’s failure to carry the required insurance. 5.8 Subcontractor shall carry the insurance coverage for: Workers’ Compensation, Employer’s Liability, Comprehensive General Liability, Builder’s Risk and Comprehensive Automobile Liability limits as specified in the amounts Contract Documents for the Project or as set forth below, whichever are greater: Workers Compensation · Statutory limits for workers compensation · Employers liability limits of $500,000 bodily injury by accident each accident, $500,000 bodily injury by disease policy limits, and $500,000 bodily injury by disease each employee. · General Aggregate $1,000,000 · Products/Completed Operations Aggregate $1,000,000 · Personal Injury and Advertising Injury $1,000,000 · Each Occurrence Limit $1,000,000 · Property Damage Legal Liability $100,000 · Medical Payments, any one person $5,000 Coverage provided by this Policy or Policies shall include: Contractual Coverage for liability assumed by Subcontractor in the UGCsthis Agreement and Broad Form Property Damage. All The policy will be endorsed to include general aggregate by jobsite endorsement. Automobile · Coverage for owned, non-owned and hired vehicles with minimum liability limits of this required coverage shall remain $1,000,000 per accident on account of bodily injury to or death and for all damages arising out of any injury to or destruction of property, whether real, personal or mixed; and, at lease, statutory limits for uninsured and underinsured coverage. Umbrella/Excess · Umbrella policy written in full force and effect throughout the term excess of the Project primary general liability, employer’s liability and shall be increased as necessary automobile coverage, with a general aggregate limit of $3,000,000 and a limit for each separate bid package, phase, change order, or Stage occurrence of construction prior to the commencement of construction for that package, phase, or Stage. Owner’s review of the evidence of insurance provided by the Contractor shall not relieve nor decrease the liability of the Contractor$3,000,000. 10.3 The Contractor shall not cause or allow any of its required insurance to lapse or be canceled during the term of the Contract or as otherwise required in the Contract. If the Contractor fails to obtain, maintain or renew any insurance required by the Contract, the Owner may obtain insurance coverage directly and recover the cost of that insurance from the Contractor. 10.4 The Owner reserves the right to reevaluate the insurance requirements during the effective period of the Contract and to make reasonable adjustments to the insurance coverages and their limits when deemed necessary and prudent by the Owner based upon changes in statutory law, court decisions, or the claims history of the industry as well as the Contractor. Such changes will be incorporated into this Contract by Change Order. 10.5 The Owner shall be entitled, upon request, and without expense, to receive complete copies of the policies with all endorsements and may make any reasonable requests for deletion, or revision or modification of particular policy terms, conditions, limitations, or exclusions, except where policy provisions are established by law or regulation binding upon the Parties or the underwriter of any of such polices. Damages caused by the Contractor and not covered by insurance shall be paid by the Contractor. 10.6 Firm shall require its Consultants to maintain Commercial General Liability and Business Auto Liability coverage with a company satisfactory to Owner and with limits acceptable to Owner.

BONDS AND INSURANCE. 10.1 The Contractor 17.1 Upon acceptance by the Owner of a Guaranteed Maximum Price Proposal, Construction Manager shall provide performance and payment bonds on in accordance with the forms prescribed by Owner attached hereto as Exhibit E and in accordance with the requirements set forth in the UGCs (Article 5)Uniform General Conditions. The penal sum of the payment and performance bonds shall be equal to the Contract SumGuaranteed Maximum Price. If construction is phased or staged with different Guaranteed Maximum Prices established at different times, the penal sum of the bonds shall be increased at the start of each stage or phase based on the cumulative total value of all Guaranteed Maximum Prices in effect. 10.1.1 If for any reason 17.2 The Construction Manager will be required to provide the CM should desire coverage for the guarantee of performance or payment of subcontractors insurance coverages set forth in addition to the bonds Exhibit H, and as required by 17.2, the expense of such additional coverage shall be included in the Direct Construction CostUniform General Conditions. 10.2 17.3 The Contractor Construction Manager shall not commence work under the Contract Agreement until it has obtained all required insurance and until evidence of the required insurance has been reviewed and approved by the Owner’s Designated Representative (see UGC 3.1.2 and 013100, paragraph 2). Contractor shall provide evidence of the insurance coverage for: Workers’ Compensation, Employer’s Liability, Comprehensive General Liability, Builder’s Risk and Comprehensive Automobile Liability in the amounts as set forth in the UGCs. All of this required coverage shall remain in full force and effect throughout the term of the Project and shall be increased as necessary for each separate bid package, phase, change order, or Stage of construction prior to the commencement of construction for that package, phase, or Stage. Owner’s review of the evidence of insurance provided by the Contractor shall not relieve nor decrease the liability of the ContractorConstruction Manager. 10.3 17.4 Construction Manager shall include required insurance information in trade packages and indicate on bid/proposal forms the insurance that bidders/proposers are to include in their base proposals. 17.5 The Contractor Construction Manager shall not cause or allow any of its required insurance to lapse or be canceled or permit any insurance to lapse during the term of the Contract Agreement or as otherwise required in the ContractAgreement. If the Contractor Construction Manager fails to obtain, maintain or renew any insurance required by the ContractAgreement, the Owner may obtain insurance coverage directly and recover the cost of that insurance from the ContractorConstruction Manager. 10.4 17.6 The Owner reserves the right to reevaluate review the insurance requirements set forth in this Article during the effective period of the Contract Agreement and to make reasonable adjustments to the insurance coverages and their limits when deemed necessary and prudent by the Owner based upon changes in statutory law, court decisions, or the claims history of the industry as well as the Contractor. Such changes will be incorporated into this Contract by Change OrderConstruction Manager. 10.5 17.7 The Owner shall be entitled, upon request, and without expense, to receive complete copies of the policies with all endorsements and may make any reasonable requests for deletion, or revision or modification of particular policy terms, conditions, limitations, or exclusions, except where policy provisions are established by law or regulation binding upon the Parties or the underwriter of any of such polices. The cost of builder’s risk deductibles shall be paid by the owner. Damages caused by the Contractor Construction Manager’s negligence and not covered by insurance shall be paid by the ContractorConstruction Manager. 10.6 Firm 17.8 The cost of premiums for any additional insurance coverage desired by the Construction Manager in excess of that required by this Agreement, the Uniform General Conditions, or the Contract Documents shall require be borne solely by the Construction Manager out of its Consultants to maintain Commercial General Liability fees, and Business Auto Liability coverage with not included in the GMP Proposal as a company satisfactory to Owner and with limits acceptable to OwnerDirect Construction Cost.