Agenda 06-16-2026; 6-c - Approval of the Guaranteed Maximum Price for the Construction of the Crisis Diversion Facility, and Approval of Budget Amendment #12-A

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J10327.000-0032-000 • coverage provided to the Additional Insureds must be at least as broad as that provided to the first Named Insured on each policy. In the event that any policy provided in compliance with this Exhibit states that the coverage provided to an Additional Insured shall be no broader than that required by contract,or words of similar meaning,the parties agree that nothing in this Exhibit is intended to restrict or limit the breadth of such coverage. With respect to the Commercial General Liability policy,Additional Insured status must be provided on I.S.O.forms CG 20 10 11 85 (Additional Insured—Owners,Lessees or Contractors)OR CG 20 10 10 01 (Additional Insured—Owners,Lessees or Contractors—Sched. Person or Organization)AND CG 20 37 10 01 (Additional Insured—Owners,Lessees or Contractors—Completed Operations),or their collective equivalent that has been approved by Construction Manager prior to the Trade Contractor entering the site. The Additional Insured parties shall be granted such status on the Completed Operations endorsement through the Statute of Repose period. 3.2 Minimum Limits: The limits of insurance stated above for each type of insurance are minimum limits only;in the event Trade Contractor's policy provides greater limits,this Exhibit shall be deemed to require such limits,and the Additional Insureds shall be entitled to,or to share in,the full limits of such policy. 3.3 Waiver of Subrogation: Trade Contractor agrees to waive any right of action against Construction Manager(and its partners if Construction Manager is a joint venture or its members if an LLC),Owner,and any others required to be provided a waiver by the Contract Documents and/or the Prime Contract(collectively the"Waiver Parties")for recovery of loss and/or damages to the extent covered,or that should have been covered,by the insurance required of Trade Contractor in the Contract Documents or any other insurance provided by Trade Contractor which is applicable to the Project. Such waivers shall be provided by specific endorsement if the policy itself does not otherwise provide the required language.Trade Contractor will require its sub-Trade Contractors,agents and employees,by appropriate agreements, written where legally required for validity,to provide similar waivers in favor of the parties enumerated herein.A waiver of subrogation shall be effective as to a person or entity even though that person or entity would otherwise have a duty of indemnification,contractual or otherwise,did not pay the insurance premium directly or indirectly,and whether or not the person or entity had an insurable interest in the property damaged. 3.4 Deductibles and Self-Insured Retentions: Trade Contractor shall be responsible for payment of all deductibles and/or self-insured retentions for all insurance policies it provides in compliance with this Exhibit. The coverage afforded to the Additional Insureds shall not be conditioned on the Additional Insureds'payment of any deductible or self-insured retention. The policies Trade Contractor furnishes in compliance with this Section shall not be subject to any deductible or self-insured retention in excess of$250,000 unless approved in writing by Construction Manager. 3.5 Certificates of Insurance: Within five(5)days following the execution of this Contract,and prior to the commencement of the Work,and prior to any personnel coming onto the Site,and within three(3)days of any renewal,change in coverage,or replacement of coverage,Trade Contractor shall provide a Certificate of Liability Insurance(Acord form 25 2016/03). The Certificate shall: • State the Project name and number,list the Additional Insured,Primary and Non-Contributory and Waiver of Subrogation coverages as being provided in the Description of Operations section. • Any schedule required in such endorsements shall include all parties as Additional Insureds including any and all indemnities as specified in the Prime Contract. Acceptable language for an annual blanket certificate of insurance shall include"for whom you have agreed in a written contract,Agreement,or Work Order." • Include evidence of any self-insured retentions. • Include as an attachment hard copies of the Additional Insured(for both Ongoing and Completed Operations),Primary Non- Contributory,and Wavier of Subrogation endorsements. Trade Contractor shall continue to provide COIs to Construction Manager upon renewal,and at the time of any change in insurer,limits,or coverage,through the duration for which such insurance is required under this Exhibit. A Trade Contractor's failure to provide COIs shall not relieve it of its responsibility to carry and maintain the required insurance.Construction Manager's failure to demand or inspect a Trade Contractor's COI,and/or Construction Manager's failure to identify or object to any discrepancy therein,is not a waiver of any insurance requirement. If Trade Contractor fails to comply with its insurance obligations Construction Manager may be considered a material breach of this Agreement and Construction Manager may withhold monthly progress payments and exclude Trade Contractor from the Project site until -41 -