Always Active Services LLC of Seattle 7/21/2022

I 1 G. Failure on the part of the Contractor to maintain the insurance as required shall I 2 3 constitute a material breach of contract, upon which the Contracting Agency may, after giving five business days' notice to the Contractor to correct the breach, immediately 4 terminate the Contract or, at its discretion, procure or renew such insurance and pay any I 5 and all premiums in connection therewith, with any sums so expended to be repaid to the 6 Contracting Agency on demand, or at the sole discretion of the Contracting Agency, 7 offset against funds due the Contractor from the Contracting Agency. I 8 9 H. All costs for insurance shall be incidental to and included in the unit or lump sum prices 10 of the Contract and no additional payment will be made. 11 1 12 1-07.18(2) Additional Insured 13 All insurance policies, with the exception of Workers Compensation, and of Professional 14 Liability and Builder's Risk (if required by this Contract) shall name the following listed I15 entities as additional insured(s) using the forms or endorsements required herein: 16 • the Contracting Agency and its officers, elected officials, employees, agents, and 17 volunteers I 18 19 The above-listed entities shall be additional insured(s) for the full available limits of liability 20 maintained by the Contractor, irrespective of whether such limits maintained by the I 21 Contractor are greater than those required by this Contract, and irrespective of whether the 22 Certificate of Insurance provided by the Contractor pursuant to 1-07.18(4) describes limits 23 lower than those maintained by the Contractor. I 24 25 For Commercial General Liability insurance coverage, the required additional insured 26 endorsements shall be at least as broad as ISO forms CG 20 10 10 01 for ongoing I 27 operations and CG 20 37 10 01 for completed operations. 28 29 1-07.18(3) Subcontractors 30 The Contractor shall cause each Subcontractor of every tier to provide insurance coverage I 31 that complies with all applicable requirements of the Contractor-provided insurance as set 32 forth herein, except the Contractor shall have sole responsibility for determining the limits of 33 coverage required to be obtained by Subcontractors. I 34 35 The Contractor shall ensure that all Subcontractors of every tier add all entities listed in 36 1-07.18(2) as additional insureds, and provide proof of such on the policies as required by I 37 that section as detailed in 1-07.18(2) using an endorsement as least as broad as ISO CG 20 38 10 10 01 for ongoing operations and CG 20 37 10 01 for completed operations. 39 40 Upon request by the Contracting Agency, the Contractor shall forward to the Contracting I41 Agency evidence of insurance and copies of the additional insured endorsements of each 42 Subcontractor of every tier as required in 1-07.18(4) Verification of Coverage. 43 I 44 1-07.18(4) Verification of Coverage 45 The Contractor shall deliver to the Contracting Agency a Certificate(s) of Insurance and 46 endorsements for each policy of insurance meeting the requirements set forth herein when I 47 the Contractor delivers the signed Contract for the work. Failure of Contracting Agency to 48 demand such verification of coverage with these insurance requirements or failure of 49 Contracting Agency to identify a deficiency from the insurance documentation provided shall I 50 not be construed as a waiver of Contractor's obligation to maintain such insurance. INTERURBAN TRAIL TO YMCA PEDESTRIAN IMPROVEMENTS SPECIAL PROVISIONS WORK ORDER 3749 Page SP27 of SP68 MAY 2,2022 I