Exhibit E: Design-Builder’s Insurance Requirements

INSURANCE FOR PHASE 1 SERVICES

Design-Builder, in its performance of Phase 1 Services, shall provide documentaƟon evidencing that it maintains insurance in strict accordance with the requirements of this Exhibit F, “Insurance for Phase 1 Services.”

a. Owner shall not be required under the Agreement to procure or maintain any insurance for the Project or for the benefit of the Design-Builder or any other Project parƟcipants. It is the intent of the Agreement and the other Contract Documents that Design-Builder will implement insurance and purchase insurance policies to protect the Work and to insure against liabiliƟes of Design-Builder and its Design Consultants, Subcontractors, and suppliers of any Ɵer. Such insurance shall be of the kinds and have limits of liability and coverage not less than the minimum limits specified in this Exhibit F, “Insurance for Phase 1 Services,” or required by law, whichever is greater. Owner’s separate contractors that may be working at the Project Site contemporaneously with Design-Builder will include Design-Builder as an addiƟonal insured.

b. Design-Builder shall, without limiƟng its obligaƟons or liabiliƟes, procure, pay for, and maintain such insurance as is required by law and as is required by the Agreement and the other Contract Documents to protect Design-Bulder and the Owner from claims for damages for bodily injury, including without limitaƟon death, and from claims for property damage, including the loss of use resulƟng therefrom, which may arise out of or result from Design-Builder's or its representaƟves', Design Consultants', Subcontractors', agents', or employees' operaƟons under the Agreement. Such insurance shall be of the kinds and have limits of liability and coverage not less than the minimum limits specified in this Exhibit E, “Insurance for Phase 1 Services,” or required by law, whichever is greater. Owner makes no representaƟon as to the adequacy or sufficiency of such coverage. The requirements of this Exhibit F, “Insurance for Phase 1 Services,” shall in no way be construed to limit or eliminate the liability of Design-Builder that arises from performance of Work under the Agreement and the other Contract Documents. Design-Builder is strictly responsible for any losses, claims, and costs of any kind which exceed the Design-Builder's limits of liability, or which may be outside the coverage scope of the policies.

1. The obligaƟons of the Design-Builder under this Exhibit E, “Insurance for Phase 1 Services,” shall not extend to liability arising out of the negligence of Owner or its respecƟve representaƟves, consultants, other contractors, agents, and/or employees. The obligaƟons of Design-Builder under this Exhibit E, “Insurance for Phase 1 Services,” shall not extend to liability arising out of professional services unless performed by Design-Builder or its Design Consultants.

c. The insurance required by this Exhibit E, “Insurance for Phase 1 Services,” shall be provided by an insurer approved by Owner, authorized to do such business in the State of North Carolina, and on terms approved by Owner. All insurance companies uƟlized by Design-Builder shall have a minimum raƟng of A- and Class VII as evaluated by the most current A.M. Best RaƟng Guide. All agents and brokers of Design-Builder’s insurers shall hold valid licenses from the State of North Carolina. Design- Builder shall furnish to Owner a cerƟficate or cerƟficates of insurance for its Design Consultants and Subcontractors in a form saƟsfactory to Owner contemporaneously with the executed contracts with such Design Consultants and Subcontractors. Upon request of Owner, Design-Builder shall provide Owner with redacted copies of the insurance policies required by this Exhibit E, “Insurance for Phase 1 Services,” including without limitaƟon declaraƟon pages, condiƟons, exclusions, and addiƟonal insured endorsements, and shall confirm that each policy premium has been paid for the required term of the Agreement. CerƟficates of insurance shall be signed by a person authorized by that insurer to bind coverage on its behalf.

d. All insurance policies required by this Exhibit E, “Insurance for Phase 1 Services,” shall provide that the insurance carrier shall not iniƟate cancellaƟon, non-renewal, or material limitaƟon of coverage without at least thirty (30) days prior wriƩen noƟce to Owner (or 10 days in the case of cancellaƟon due to non-payment of premium). A Direct NoƟce of CancellaƟon endorsement is to be aƩached to corresponding cerƟficates of insurance. In the event of any such cancellaƟon, non-renewal, or material limitaƟon, Design-Builder is obligated to replace such insurance within seven (7) days without a gap in coverage and file accordingly such noƟce with Owner and other interested parƟes. Failing immediate receipt of evidence of such replacement of insurance, Owner reserves the right to procure such insurance as Owner considers desirable, and Design-Builder shall pay or reimburse the cost of the premium arising therefrom without any rights to seek subsequent reimbursements from Owner.

e. No acƟon or inacƟon on the part of Owner shall in any way change or reduce Design-Builder's responsibiliƟes and liabiliƟes under the Agreement and the other Contract Documents. Self-funded, policy fronƟng, or other non-risk transfer insurance programs or mechanisms are not acceptable without prior wriƩen approval of Owner. Full disclosure of such a program must be made prior to Design-Builder’s commencing mobilizaƟon to the Project Site. Failure to make a full disclosure consƟtutes a material breach of the Agreement.

f. Design-Builder shall ensure that it and all its Design Consultants and Subcontractors name Owner as addiƟonal insured under all insurance policies required by the Agreement and the other Contract Documents to be procured and maintained during the pre-construcƟon phase of the Project (except workers' compensaƟon, employers’ liability, and professional liability) with respect to and including liability for bodily injury and property damage caused, in whole or in part, by the willful misconduct, negligent act, or omission of Design-Builder or those acƟng on Design-Builder’s behalf (including without limitaƟon Design Consultants and Subcontractors) under the Agreement, products and completed operaƟons of Design-Builder, and automobiles owned, hired, leased, or borrowed by Design-Builder. AddiƟonal insured status is not intended to extend to liability caused by Owner’s negligence. The AddiƟonal Insured shall read “City of Raleigh is named addiƟonal insured as their interest may appear”.

g. For any claims related to this Project, Design-Builder's insurance or self-insurance shall be primary and noncontributory with respect to any of Owner’s insurance to the extent of Design-Builder’s liability under this Exhibit E, “Insurance for Phase 1 Services”. Any insurance or self-insurance maintained by Owner shall be excess and noncontributory with respect to Design-Builder's insurance.

h. All policies of insurance required under this Exhibit E, “Insurance for Phase 1 Services,” shall contain a clause or endorsement waiving rights of subrogaƟon against Owner.

i. Limits of coverage are not to be amended by deducƟble clauses of any nature without the express wriƩen consent of Owner. Design-Builder shall be solely responsible for any deducƟble assumpƟons that may exist in any insurance policies required under the Agreement. In addiƟon, Design-Builder shall be responsible and shall not be reimbursed for any losses arising from any risk or exposure not insured as required by this Exhibit E, “Insurance for Phase 1 Services,” or not covered as a result of normal policy exclusion or that falls within the self-insured retenƟon if Design-Builder is self-insured.

Any deducƟble, where applicable to loss covered by any insurance policy required by this Exhibit E, “Insurance for Phase 1 Services,” is to be borne by Design-Builder and/or its Subcontractors.

j. Design-Builder's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.

k. The claim provisions in Design-Builder’s insurance policies must specifically state the insurance company or Design-Builder’s third-party administrator. If self-insured, Design-Builder has both the right and the duty to adjust a claim and provide defense.

l. If any of the policies procured pursuant to this Exhibit E, “Insurance for Phase 1 Services,” contain any warranty staƟng that coverage is null and void (or words to that effect), or if Design-Builder does not comply with the most stringent regulaƟons governing the Work, then the policies shall be modified so that coverage shall be afforded in all cases except for Design-Builder's willful or intenƟonal noncompliance with applicable government regulaƟons.

m. Any failure by any person to comply with reporƟng or other provisions of any insurance policy, including without limitaƟon breach of warranƟes, shall not affect coverage provided to Owner and its respecƟve representaƟves, officials, and employees.

n. The insolvency or bankruptcy of the insured or of the insured's estate shall not relieve the insurance companies of their obligaƟons under these policies. Any clauses to the contrary are unacceptable and must be stricken.

o. Reserved

p. The Work under the Agreement shall not commence unƟl Design-Builder has verified to Owner that all required insurance coverages as described in this Exhibit E, “Insurance for Phase 1 Services,” have been obtained and further verified that appropriate cerƟficates of insurance have been approved in wriƟng by Owner. Owner’s review and/or acceptance of such cerƟficates of insurance shall neither relieve Design-Builder of any requirement to provide the specific insurance coverages set forth herein nor consƟtute a waiver or acknowledgment of saƟsfacƟon of the specific insurance coverage requirements set forth in the Agreement and the other Contract Documents.

1. The DescripƟon of OperaƟons/LocaƟons/Vehicles secƟon in the cerƟficates of insurance should include: COR Department/Division, Name of Project or Services, Projected Dates of Contract

The CerƟficate Holder address should read:

City of Raleigh Post Office Box 590 Raleigh, NC 27602-0590

q. Worker’s CompensaƟon and Employer’s Liability: Design-Builder shall ensure that it and all of its Design Consultants and Subcontractors procure and maintain Workers' CompensaƟon Insurance in the amount and type required by the State of North Carolina and federal law for all employees employed under the Agreement who may come within the protecƟon of Workers' CompensaƟon Laws and covering all operaƟons under the Agreement, whether performed by Design-Builder or by its Design Consultants or Subcontractors. In jurisdicƟons not providing complete Workers' CompensaƟon protecƟon, Design-Builder shall ensure that it and its Design Consultants and Subcontractors shall maintain employers' liability insurance in an amount, form, company, and agency saƟsfactory to the State of North Carolina and Owner for the benefit of all employees not protected by Workers' CompensaƟon Laws and covering all operaƟons under the Agreement whether performed by Design- Builder or by its Design Consultants or Subcontractors.

1. Design-Builder shall pay such assessments as will protect Design-Builder and Owner from claims under the Workers' CompensaƟon Laws, workers' or workmen's compensaƟon disability benefits, and other similar employee benefit acts. The current Experience ModificaƟon Factor shall be indicated on the cerƟficate of insurance.

2. Coverage under this Exhibit E, “Insurance for Phase 1 Services,” shall be as required by federal and state Workers' CompensaƟon and OccupaƟonal Disease Statutes, and shall have minimum limits as follows:

Coverage A: Statutory, State of North Carolina Employers' Liability: Bodily injury Each Accident: $1,000,000 Bodily Injury Disease: Policy Limit: $1,000,000 Bodily Injury Disease: Each Employee: $1,000,000

3. Such insurance shall include Voluntary CompensaƟon coverage, a Waiver of SubrogaƟon in favor of Owner, as well as other endorsements that may be required by applicable jurisdicƟons, i.e.

United States Longshoremen and Harbor Workers Act and mariƟme coverage (Jones Act).

r. Automobile Liability Insurance: Design-Builder shall ensure that it and all of its Design Consultants and Subcontractors procure and maintain automobile insurance against liability for bodily injury, death, and property damage as described below, that may arise out of or result from the Work being performed under the Agreement, and will provide protecƟon from claims which may arise out of or result from Design-Builder's performance of the Work and Design-Builder's other obligaƟons under the Agreement, whether such performance of the Work is by Design-Builder; by any representaƟve of Design-Builder; by any of Design-Builder’s Design Consultants or Subcontractors; by anyone employed directly or indirectly by Design-Builder or any of its Design Consultants or Subcontractors; or by anyone else for whose acts Design-Builder or any of its Design Consultants or Subcontractors may be liable.

1. This policy of insurance shall carry the following minimum Limit of Liability:

Combined Single Limit: $1,000,000

2. The policy of insurance shall contain or be endorsed to include the use of any automobile, including owned, hired, and non-owned automobile liability.

3. If the policy contains a warranty staƟng that coverage is null and void (or words to that effect) if the transporter does not comply with the most stringent regulaƟons governing the Work, the policy shall be modified so that coverage shall be afforded in all cases except for the transporter's willful or intenƟonal noncompliance with applicable government regulaƟons.

s. General Liability: Design-Builder shall ensure that it and all of its Design Consultants and Subcontractors procure and maintain commercial general liability insurance against liability for bodily injury, death, and property damage, including the resulƟng loss of use therefrom, as described below, that may arise out of or result from the Phase 1 Services being performed under the Agreement, and will provide protecƟon from claims which may arise out of or result from Design-Builder's performance of the Phase 1 Services and Design-Builder’s other obligaƟons under the Agreement, whether such performance of the Phase 1 Services is by Design-Builder; by any representaƟve of Design-Builder; by any of Design-Builder’s Design Consultants or Subcontractors; by anyone employed directly or indirectly by Design-Builder or any of its Design Consultants or Subcontractors; or by anyone else for whose acts Design-Builder or any of its Design Consultants or Subcontractors may be liable. This policy of insurance must be wriƩen on an occurrence basis, with the following minimum Limits of Liability:

Design-Builder required minimum Limits of Liability:

General Aggregate per project: $2,000,000.00 Products/Completed OperaƟons Aggregate: $2,000,000.00 Bodily Injury & Property Damage /each occur: $1,000,000.00 Personal Injury and AdverƟsing Injury: $1,000,000.00

The general liability policy of insurance for the Design-Builder shall contain or be endorsed to include the following:

Blanket Contractual Liability covering Design-Builder’s indemnificaƟon obligaƟons under the Agreement and the other Contract Documents in accordance with ISO policy form CG 00 01.

ModificaƟons to the standard provision will not be acceptable if they serve to reduce coverage for the following:

Premises/OperaƟons Liability.

Explosion, collapse, and underground fault.

Independent Contractors and Independent Subcontractors coverage.

Broad Form Property Damage.

Personal Injury.

Cross Liability/Severability of Interest clause.

Employer’s Stop-Gap Liability endorsement, if applicable.

Amendment of the PolluƟon Exclusion Endorsement to allow coverage for bodily injury or property damage caused by heat, smoke, or fumes from a hosƟle fire.

Designated General Aggregate Limit Endorsement if required by the Supplementary

CondiƟons.

Design-Builder shall ensure that it and all of its Design Consultants and Subcontractors provide Owner addiƟonal insured endorsements CG 20 10 10 01 or CG D3 61 03 05 for ongoing and premise operaƟons and CG 20 37 10 01 for completed operaƟons, except as may otherwise be approved by Owner to meet MWBE goals.

Umbrella or Excess Liability insurance coverage may be used to meet or exceed the minimum insurance limits in the Agreement and the other Contract Documents using a follow-form coverage form for all layers. Coverage shall remain conƟnuously in effect and without interrupƟon for at least six (6) years aŌer SubstanƟal CompleƟon and shall include coverage for exposures arising from operaƟons that have been completed. Design-Builder shall furnish Owner and each other addiƟonal insured listed in the Agreement to whom the cerƟficates of insurance have been issued, evidence saƟsfactory to Owner of conƟnuaƟon of such insurance at the date of SubstanƟal CompleƟon and each year thereaŌer.

t. IntenƟonally OmiƩed.

u. AviaƟon/AircraŌ: If required by Owner, Design-Builder shall ensure that the operator of an aircraŌ of any kind, including without limitaƟon drones and/or other forms of unmanned aircraŌ, uƟlized in the performance of the Agreement, must maintain liability insurance covering bodily injury and property damage on a combined single limit basis, each occurrence limit and in the aggregate (including passenger liability) with liability limits in an amount not less than Five Million and 00/100 Dollars ($5,000,000). If non-employee passengers are carried, the policy procure must not include a per-passenger sublimit. Prior to commencing operaƟons, the operator of any aircraŌ covered by this Subparagraph (u) must provide Owner with a cerƟficate of insurance naming Owner as addiƟonal insured on a primary and non-contributory basis. The operator of the aircraŌ and its insurer(s) must hold Owner harmless and waive subrogaƟon with respect to damage to the aircraŌ. If the aircraŌ is to be used to perform liŌs at the Project Site, a "slung cargo" endorsement must be included to cover the full replacement value of any equipment being liŌed.

v. Professional Liability:

(1). Design-Builder shall ensure that it and all of its Design Consultants and Subcontractors provide and maintain professional liability insurance coverage to protect Owner from liability arising out of or resulƟng from the performance of professional services if any, by Design Builder, its Design Consultants, and/or its Subcontractors under the Agreement and any other Contract Documents or any amendments thereto. Such coverage shall be in the sum of not less than One Million Dollars ($1,000,000.00).

(2). Throughout the term of the Agreement, the professional liability policy shall contain full prior acts coverage. Coverage should be conƟnuously maintained during the term of the Agreement. Coverage shall not include any exclusions or limitaƟons related to (i) scope of professional services; (ii) delays in Project compleƟon or cost overruns; (iii) who is authorized to noƟfy the carrier of a claim or a potenƟal claim; and (iv) mold, fungus, asbestos, pollutants, or hazardous substances.

(3). Claims-made coverage is permiƩed provided the policy retroacƟve date is conƟnuously maintained prior to the EffecƟve Date of the Agreement and coverage is conƟnuously maintained during all periods in which Design-Builder performs professional services for Owner and for an addiƟonal period of one (1) year aŌer terminaƟon of the Agreement or the last date such services are performed, whichever comes later.

w. DeducƟble: Any deducƟble, if applicable to loss covered by any insurance policy required by this Exhibit F, “Insurance for Phase 1 Services,” is to be borne by Design-Builder, its Design Consultants, and/or its Subcontractors.

x. Proof of Coverage: Design-Builder shall ensure that it, its Design Consultants, and all its Subcontractors furnish Owner with saƟsfactory proof of carriage of the insurance required above before wriƩen approval of Design-Builder’s insurance for its Design Consultants and Subcontractors is granted by Owner.

y. Claims: Design-Builder shall noƟfy Owner within twenty-four (24) hours of any claims or alleged claims received by Design-Builder, its Design Consultants, or by any of its Subcontractors, that are specific to this Project and covered by any of the policies of insurance required of Design-Builder, its Design Consultants, and/or its Subcontractors under the Agreement and any of the other Contract Documents. Upon request by Owner, Design-Builder shall provide a wriƩen copy of the claim or alleged claim to Owner within three (3) days of Design-Builder's receipt of the claim or alleged claim.

If a claim is seƩled to the saƟsfacƟon of the claimant, Design-Builder shall submit a copy of the claimant's release to Owner.

If a claim or alleged claim is rejected by Design-Builder and/or its insurance company, Design-Builder shall immediately report this fact to Owner. Should thirty (30) days elapse aŌer the claim or alleged claim has been received by Design-Builder, and Design-Builder is not able to report a seƩlement or rejecƟon of the claim, it shall report to Owner the steps being taken with respect to the claim.

z. Contractor As Joint Venture: If Design-Builder is compleƟng this Project on a joint venture basis, both joint venture partners shall retain all liabiliƟes assumed by the Agreement, individually and collecƟvely. This may include, but is not limited to, all premiums due, deducƟbles/self-insured retenƟons, coinsurance provisions, claim provisions, insurance policy condiƟons, and indemnificaƟon provisions hereunder.

Evidence of a Blanket Joint Venture Endorsement must be obtained from the General Liability and Design-Builder's PolluƟon Legal Liability carriers of each joint venture partner substanƟally as follows.

“With respect to "your work", and the "products-completed operaƟons hazard", you are an insured for your liability arising out of the conduct of any partnership or joint venture of which you were a partner or member, even though this partnership or joint venture is not shown as a Named Insured in the DeclaraƟons. This coverage is excess over any available liability purchased specifically to insure the partnership or joint venture. This coverage will not inure to the benefit of any other party except you."

INSURANCE FOR PHASE 2 SERVICES

The construcƟon Work associated with the construcƟon phase of the Agreement shall not commence unƟl Design-Builder has verified to Owner that all required insurance coverages as described in this Exhibit E, “Insurance for Phase 2 Services,” have been obtained and further verified that cerƟficates of insurance have been approved in wriƟng by Owner. These cerƟficates shall contain a provision that coverage afforded under the policies will not be cancelled, reduced in amount, or eliminated unƟl at least thirty (30) days aŌer mailing wriƩen noƟce, by cerƟfied mail, return receipt requested, to the insured and Owner of such alteraƟon or cancellaƟon. It is understood by the parƟes that one or more of the limits of liability provided in this Exhibit E, “Insurance for Phase 2 Services,” for the insurance coverages to be obtained and maintained by Design-Builder during the construcƟon phase of the Work may be increased by the parƟes in agreed-upon construcƟon scope(s) of Work to be incorporated into the Agreement as amendment(s) to the Agreement. Notwithstanding anything herein to the contrary, under no circumstance shall any amendment to the Agreement reduce any of the limits of liability that are established in this Exhibit E, “Insurance for Phase 2 Services.”

All insurance companies must be licensed in North Carolina and be acceptable to the City of Raleigh’s Risk Manager.

Design-Builder, in the performance of its Phase 2 Services, shall provide documentaƟon evidencing that it maintains the insurance in strict accordance with the requirements of this Exhibit E, “Insurance for Phase 2 Services:”

a. Owner shall not be required under the Agreement and the other Contract Documents to procure or maintain any insurance for the Project or for the benefit of the Design-Builder and any other Project parƟcipants. Owner’s separate contractors that may be working at the Project Site contemporaneously with Design-Builder will include Design-Builder as an addiƟonal insured, subject to idenƟficaƟon of such contractors to Design-Builder by Owner.

b. Design-Builder shall, without limiƟng its obligaƟons or liabiliƟes, procure, pay for, and maintain such insurance as is required by law and as is required by the Agreement and the other Contract Documents to protect Design-Builder and Owner from claims for damages for bodily injury, including without limitaƟon death, and from claims for property damage, including the loss of use resulƟng therefrom, which may arise out of or result from Design-Builder's or its representaƟves’, consultants’, Subcontractors’, agents’, or employees’ operaƟons under the Agreement. Such insurance shall be of the kinds and have limits of liability and coverage not less than the minimum limits specified in this Exhibit E, “Insurance for Phase 2 Services,” or required by law, whichever is greater. Owner makes no representaƟon as to the adequacy or sufficiency of such coverage. The requirements of this Exhibit E, “Insurance for Phase 2 Services,” shall in no way be construed to limit or eliminate the liability of Design-Builder that arises from performance of construcƟon Work under the Master Agreement.

Design-Builder is strictly responsible for any losses, claims, and costs of any kind which exceed Design- Builder's limits of liability, or which may be outside the coverage scope of the policies.

(1). The obligaƟons of Design-Builder under this Exhibit E, “Insurance for Phase 2 Services,” shall not extend to liability arising out of the negligence of Owner or its respecƟve representaƟves, consultants, subcontractors, agents and/or employees. The obligaƟons of Design-Builder under this Exhibit E, “Insurance for Phase 2 Services,” shall not extend to liability arising out of professional services, unless performed by Design-Builder (including defects in design) and/or its Design Consultants.

(2). The insurance required by this Exhibit F, “Insurance for Phase 2 Services,” shall be provided by an insurer approved by Owner, licensed to do such business in the State of North Carolina, and on terms approved by Owner. All insurance companies uƟlized by Design-Builder shall have a minimum raƟng of A- and Class VII as evaluated by the most current A M Best RaƟng Guide. All agents and brokers of Design-Builder’s insurers shall hold valid licenses from the State of North Carolina. Design-Builder shall furnish to Owner a cerƟficate or cerƟficates of insurance for its Subcontractors in a form saƟsfactory to Owner contemporaneously with the executed contracts with Subcontractors. Upon request of Owner, Design-Builder shall provide Owner with redacted copies of the insurance policies required by this Exhibit E, “Insurance for Phase 2 Services,” including without limitaƟon declaraƟon pages, condiƟons, exclusions and addiƟonal insured endorsements, and shall confirm that each policy premium has been paid for the required term of the Agreement. CerƟficates of insurance shall be signed by a person authorized by that insurer to bind coverage on its behalf.

(3). All insurance policies required by this Exhibit E, “Insurance for Phase 2 Services,” shall provide that the insurance carrier shall not iniƟate cancellaƟon, non-renewal, or material limitaƟon of coverage, without at least thirty (30) days prior wriƩen noƟce to Owner (or 10 days for cancellaƟon due to non-payment of premium). A Direct NoƟce of CancellaƟon endorsement is to be aƩached to corresponding cerƟficates of insurance. In the event of any such cancellaƟon, non-renewal or material limitaƟon, Design-Builder is obligated to replace such insurance within seven (7) days without a gap in coverage and file accordingly such noƟce with Owner and other interested parƟes. Failing immediate receipt of evidence of such replacement of insurance, Owner reserves the right to procure such insurance as Owner considers desirable and Design-Builder shall pay or reimburse the cost of the premium arising therefrom without any rights to seek subsequent reimbursements from Owner.

(4). No acƟon or inacƟon on the part of Owner shall in any way change or reduce Design-Builder's responsibiliƟes and liabiliƟes under the Agreement. Self-funded, policy fronƟng, or other non-risk transfer insurance programs or mechanisms are not acceptable without prior wriƩen approval of Owner. Full disclosure of such a program must be made prior to Design-Builder’s commencing mobilizaƟon to the Project Site. Failure to make a full disclosure consƟtutes a material breach of the Agreement.

(5). Design-Builder shall name Owner as addiƟonal insured under all its insurance contracts that it is obligated by the Agreement and the other Contract Documents to procure and maintain during the construcƟon phase of the Project (except workers' compensaƟon, employers liability, and professional liability) with respect to and including liability for bodily Injury and property damage, including the loss of use resulƟng therefrom, caused, in whole or in part, by the willful misconduct, negligent act, or omission of Design-Builder or those acƟng on the Design-Builder’s behalf (including without limitaƟon Subcontractors) under the Agreement, products and completed operaƟons of Design-Builder, and automobiles owned, hired, leased, or borrowed by Design-Builder. AddiƟonal insured status is not required to extend to liability caused by Owner’s negligence. The AddiƟonal Insured shall read “City of Raleigh is named addiƟonal insured as their interest may appear”.

(6). For any claims related to this Project, Design-Builder's Contractor Controlled “wrap up” insurance or self-insurance shall be primary and non-contributory with respect to Owner's insurance to the extent of Design-Builder's liability under this Exhibit E, “Insurance for Phase 2 Services.” Any insurance or self-insurance maintained by Owner shall be excess and non-contributory with respect to Design-Builder's insurance

(7). All policies of insurance required under this Exhibit E, “Insurance for Phase 2 Services,” shall contain a clause or endorsement waiving rights of subrogaƟon against Owner.

(8). Limits of coverage are not to be amended by deducƟble clauses of any nature without the express wriƩen consent of Owner. Design-Builder shall be solely responsible for any deducƟble or self-insured retenƟon assumpƟons that may exist in any insurance policies required under the Agreement and the other Contract Documents. In addiƟon, Design-Builder shall be responsible and shall not be reimbursed for any losses arising from any risk or exposure not insured as required by this Exhibit E, “Insurance for Phase 2 Services,” or not covered as a result of normal policy exclusion or that falls within the self-insured retenƟon if Design-Builder is self-insured.

(9). Design-Builder's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.

(10). The claim provisions in Design-Builder's insurance policies must specifically state the insurance company or Design-Builder's third-party administrator. If self-insured, Design- Builder has both the right and the duty to adjust a claim and provide defense.

(11). If any of the policies procured pursuant to this Exhibit E, “Insurance for Phase 2 Services,” contain any warranty staƟng that coverage is null and void (or words to that effect), or if Design-Builder does not comply with the most stringent regulaƟons governing the construcƟon Work, then the policies shall be modified so that coverage shall be afforded in all cases except for Design-Builder's willful or intenƟonal non-compliance with applicable government regulaƟons.

(12). Any failure by any person to comply with reporƟng or other provisions of any insurance policy, including without limitaƟon breach of warranƟes, shall not affect coverage provided to Owner and its respecƟve representaƟves, officials, and employees.

(13). The insolvency or bankruptcy of the insured or of the insured's estate shall not relieve the insurance companies of their obligaƟons under these policies. Any clauses to the contrary are unacceptable and must be stricken.

(14). Reserved.

(15). The construcƟon Work under the Agreement shall not commence unƟl Design-Builder has verified to Owner that all required insurance coverages as described in this Exhibit E, “Insurance for Phase 2 Services,” have been obtained and further verified that appropriate cerƟficates of insurance have been approved in wriƟng by Owner. Owner’s review and/or acceptance of such cerƟficates of insurance shall neither relieve Design-Builder of any requirement to provide the specific insurance coverages set forth herein nor shall it consƟtute a waiver or acknowledgment of saƟsfacƟon of the specific insurance coverage requirements set forth in the Agreement and the other Contract Documents.

(16). The DescripƟon of OperaƟons/LocaƟons/Vehicles secƟon in the cerƟficates of insurance should include: COR Department/Division, Name of Project or Services, Projected Dates of Contract.

The CerƟficate Holder address should read:

City of Raleigh Post Office Box 590 Raleigh, NC 27602-0590

c. Worker’s CompensaƟon and Employer’s Liability: Design-Builder shall ensure that It and all of its Subcontractors shall procure and maintain Workers' CompensaƟon Insurance in the amount and type required by the State of North Carolina and federal law for all employees employed under the Agreement who may come within the protecƟon of Workers' CompensaƟon Laws and covering all operaƟons under the Agreement whether performed by Design-Builder or by its Subcontractors. In jurisdicƟons not providing complete Workers' CompensaƟon protecƟon, Design-Builder shall ensure that it and its Subcontractors shall maintain employers' liability insurance in an amount, form, company, and agency saƟsfactory to the State of North Carolina and Owner for the benefit of all employees not protected by Workers' CompensaƟon Laws and covering all operaƟons under the Agreement whether performed by Design-Builder or by its Subcontractors.

(1). Design-Builder shall pay such assessments as will protect Design-Builder and Owner from claims under the Workers' CompensaƟon Laws, workers' or workmen's compensaƟon disability benefits, and other similar employee benefit acts. The current Experience ModificaƟon shall be indicated on the cerƟficate of insurance.

(2). Coverage under this Exhibit E, “Insurance for Phase 2 Services,” shall be as required by federal and state Workers’ CompensaƟon and OccupaƟonal Disease Statutes, and shall have minimum limits as follows:

Coverage A: Statutory, State of North Carolina Employers' Liability: Bodily Injury by Each Accident: $1,000,000 Bodily Injury by Disease: Policy Limit: $1,000,000 Bodily Injury by Disease: Each Employee: $1,000,000

(3). Such insurance shall Include Voluntary CompensaƟon coverage, a Waiver of SubrogaƟon in favor of Owner, as well as other endorsements that may be required by applicable jurisdicƟons, i.e., United States Longshoremen and Harbor Workers Act and mariƟme coverage (Jones Act).

d. Automobile Liability Insurance:

Design-Builder shall ensure that it and all of its Subcontractors procure and maintain automobile insurance against liability for bodily injury, death and property damage as described below, that may arise out of or result from the construcƟon Work being performed under the Agreement, and will provide protecƟon from claims which may arise out of or result from Design-Builder’s performance of the construcƟon Work and Design-Builder’s other obligaƟons under the Agreement, whether such performance of the construcƟon Work is by Design-Builder; by any representaƟve of Design-Builder;

by any of Design-Builder’s Subcontractors; by anyone employed directly or indirectly by Design-Builder or any of its Subcontractors; or by anyone else for whose acts Design-Builder or any of its Subcontractors may be liable.

(1). This policy of insurance shall carry the following minimum Limit of Liability:

Combined Single Limit - $1,000,000

(2). The policy of insurance shall contain or be endorsed to include the use of any automobile, including owned, hired, and non-owned automobile liability.

(3). If the policy contains a warranty staƟng that coverage is null and void (or words to that effect) if the transporter does not comply with the most stringent regulaƟons governing the construcƟon Work, the policy shall be modified so that coverage shall be afforded in all cases except for the transporter's willful or intenƟonal non-compliance with applicable government regulaƟon.

e. General Liability:

(1). Design-Builder shall ensure that it and all of its Subcontractors procure and maintain commercial general liability insurance against liability for bodily injury, death and property damage, including the loss of use resulƟng therefrom, as described below, that may arise out of or result from the Phase 2 Services being performed under the Agreement, and will provide protecƟon from claims which may arise out of or result from Design-Builder's performance of the Phase 2 Services and Design-Builder's other obligaƟons under the Agreement, whether such performance of the Phase 2 Services is by Design-Builder; by any representaƟve of Design-Builder; by any of Design-Builder’s Subcontractors; by anyone employed directly or indirectly by Design-Builder or any of its Subcontractors; or by anyone else for whose acts Design-Builder or any of its Subcontractors may be liable.

(2). This policy must be wriƩen on an occurrence basis, with the following minimum Limits of Liability:

Design-Builder required minimum Limits of Liability:

General Aggregate per project $2,000,000 Products/Completed OperaƟons Aggregate $2,000,000 Bodily Injury & Property Damage/each occurrence $1,000,000 Personal Injury and AdverƟsing Injury $1,000,000

(3). The general liability policy of insurance for the Design-Builder shall contain or be endorsed to include the following:

Blanket Contractual Liability covering the DESIGN-BUILDER's indemnificaƟon obligaƟons under this Master Agreement in accordance with ISO policy form CG 00 01. ModificaƟons to the standard provisions will not be acceptable if they serve to reduce coverage for the following:

Premises/OperaƟons Liability Explosion, collapse, and underground fault Independent Contractors and Independent Subcontractors’ coverage Broad Form Property Damage Personal Injury Cross Liability/Severability of Interest clause Employer's Stop-Gap Liability endorsement, If applicable Amendment of the PolluƟon Exclusion Endorsement to allow coverage for bodily injury or property damage caused by heat, smoke, or fumes from a hosƟle fire Designated General Aggregate Limit Endorsement if required by the

Supplementary CondiƟons.

Design-Builder shall ensure that it and all of its Subcontractors shall provide Owner addiƟonal insured endorsements CG 20 10 10 01 or CG D3 61 03 05 for ongoing and premise operaƟons and CG 20 37 10 01 for completed operaƟons, except as may otherwise be approved by Owner to meet MWBE goals.

Umbrella or Excess Liability insurance coverage wriƩen on an occurrence policy form at least as broad as the primary General Liability policy may be used to meet or exceed the minimum insurance limits under the Agreement using a follow-form coverage form for all layers and coverage shall remain conƟnuously in effect and without interrupƟon from the date of commencement of the construcƟon phase of the Agreement unƟl six (6) years from SubstanƟal CompleƟon and shall include coverage for exposures arising from operaƟons that have been completed. Design-Builder shall furnish Owner and each other addiƟonal insured listed in the Agreement to whom the cerƟficates of insurance have been issued, evidence saƟsfactory to Owner of conƟnuaƟon of such insurance at the date of SubstanƟal CompleƟon and each year thereaŌer.

f. Professional Liability:

(1). Design-Builder shall ensure that it and all of its Design Consultants and Subcontractors provide and maintain professional liability insurance coverage to protect Owner from liability arising out of or resulƟng from the performance of professional services, if any, by Design-Builder, its Design Consultants, and/or its Subcontractors under the Agreement and any of the other Contracts Documents or any amendments thereto. Such coverage shall be in the sum of not less than One Million Dollars ($1,000,000.00).

(2). Throughout the term of the Agreement, the professional liability policy shall contain full prior acts coverage. Coverage should be conƟnuously maintained during the term of the Agreement. Coverage shall not include any exclusions or limitaƟons related to (i) scope of professional services; (ii) delays in Project compleƟon or cost overruns; (iii) who is authorized to noƟfy the carrier of a claim or a potenƟal claim; and (iv) mold, fungus, asbestos, pollutants, or hazardous substances.

(3). Claims-made coverage is permiƩed provided the policy retroacƟve date is conƟnuously maintained prior to the EffecƟve Date of the Agreement and coverage is conƟnuously maintained during all periods in which Design-Builder performs professional services for Owner and for an addiƟonal period of six (6) years aŌer terminaƟon of the Agreement or the last date such services are performed, whichever comes later.

g. InstallaƟon Floater Policy:

(1) The Contractor shall obtain and maintain an InstallaƟon Floater Policy covering the full replacement value of all materials, supplies, fixtures, and equipment to be installed under this Contract. Coverage shall apply while materials are in transit, in temporary storage (on- or off-site), and during installaƟon unƟl final acceptance by the Owner. The policy shall insure against risks of direct physical loss or damage, including theŌ, vandalism, fire, windstorm, and other covered perils. The coverage limit shall be no less than the total value of the installed materials and equipment.

h. DeducƟbles and Self-Insured RetenƟons: Any deducƟble or self-insured retenƟon, where applicable to loss covered by any insurance policy required by this Exhibit E, “Insurance for Phase 2 Services,” is to be borne by Design-Builder and/or its Subcontractors.

i. Proof of Coverage: Design-Builder shall ensure that it and all its Subcontractors furnish Owner with saƟsfactory proof of carriage of the insurance required above before wriƩen approval of Design- Builder's insurance for its Subcontractors is granted by Owner.

j. Claims:

(1). Design-Builder shall noƟfy Owner within twenty-four (24) hours of any claims or alleged claims received by Design-Builder, or by any of its Subcontractors, that are specific to this Project and is covered by any of the policies of insurance required of Design-Builder and/or its Subcontractors under the Agreement. Upon request by Owner, Design-Builder shall provide a wriƩen copy of the claim or alleged claim to Owner within three (3) days of Design-Builder's receipt of the claim or alleged claim. If a claim is seƩled to the saƟsfacƟon of the claimant, Design-Builder shall submit a copy of the claimant's release to Owner.

(2). If a claim or alleged claim is rejected by Design-Builder and/or its insurance company, Design- Builder shall immediately report this fact to Owner. Should thirty (30) days elapse aŌer the claim or alleged claim has been received by Design-Builder, and Design-Builder is not able to report a seƩlement or rejecƟon of the claim, it shall report to Owner the steps being taken with respect to the claim.

k. Contractor as Joint Venture:

If Design-Builder is compleƟng this Project on a joint venture basis, both joint venture partners shall retain all liabiliƟes assumed by the Agreement, individually and collecƟvely, and will be listed as the named insured on all required policies. LiabiliƟes may include, but are not limited to, all premiums due, deducƟbles/self-insured retenƟons, coinsurance provisions, claim provisions, insurance policy condiƟons, and indemnificaƟon provisions hereunder.

l. Owner may elect to purchase insurance covering Design-Builder, all Subcontractors, and all Sub- Subcontractors through an Owner-Controlled Insurance Program (OCIP) sponsored by Owner. Under such program, Design-Builder and its Subcontractors shall not be required to purchase insurance as provided by this Exhibit E, “Insurance for Phase 2 Services.” If Owner is parƟcipaƟng in an OCIP program, the Agreement shall be amended to reflect the program’s terms in lieu of this Exhibit Ee, “Insurance for Phase 2 Services.”