Always Active Services 1/23/2023

I 1 made form coverage shall be maintained by the Contractor for a minimum of 36 months I 2 following the Completion Date or earlier termination of this Contract, and the Contractor 3 shall annually provide the Contracting Agency with proof of renewal. If renewal of the 4 claims made form of coverage becomes unavailable, or economically prohibitive, the I 5 6 Contractor shall purchase an extended reporting period ("tail") or execute another form of guarantee acceptable to the Contracting Agency to assure financial responsibility for 7 liability for services performed. I 8 9 D. The Contractor's Automobile Liability, Commercial General Liability and Excess or 10 Umbrella Liability insurance policies shall be primary and non-contributory insurance as 11 respects the Contracting Agency's insurance, self-insurance, or self-insured pool I12 coverage.Any insurance, self-insurance, or self-insured pool coverage maintained by the 13 Contracting Agency shall be excess of the Contractor's insurance and shall not contribute 14 with it. I 15 16 E. The Contractor shall provide the Contracting Agency and all additional insureds with 17 written notice of any policy cancellation, within two business days of their receipt of such I18 19 notice. 20 F. The Contractor shall not begin work under the Contract until the required insurance has I 21 been obtained and approved by the Contracting Agency 22 23 G. Failure on the part of the Contractor to maintain the insurance as required shall 24 constitute a material breach of contract, upon which the Contracting Agency may, after 25 giving five business days' notice to the Contractor to correct the breach, immediately 26 terminate the Contract or, at its discretion, procure or renew such insurance and pay any 27 and all premiums in connection therewith, with any sums so expended to be repaid to the I 28 29 Contracting Agency on demand, or at the sole discretion of the Contracting Agency, offset against funds due the Contractor from the Contracting Agency. 30 I 31 H. All costs for insurance shall be incidental to and included in the unit or lump sum prices 32 of the Contract and no additional payment will be made. 33 I 34 1-07.18(2) Additional Insured 35 All insurance policies, with the exception of Workers Compensation, and of Professional 36 Liability and Builder's Risk (if required by this Contract) shall name the following listed 37 entities as additional insured(s) using the forms or endorsements required herein: I38 • the Contracting Agency and its officers, elected officials, employees, agents, and 39 volunteers 40 I 41 The above-listed entities shall be additional insured(s)for the full available limits of liability 42 maintained by the Contractor, irrespective of whether such limits maintained by the 43 Contractor are greater than those required by this Contract, and irrespective of whether the I 44 Certificate of Insurance provided by the Contractor pursuant to 1-07.18(4) describes limits 45 lower than those maintained by the Contractor. 46 P47 For Commercial General Liability insurance coverage, the required additional insured 48 endorsements shall be at least as broad as ISO forms CG 20 10 10 01 for ongoing 49 operations and CG 20 37 10 01 for completed operations. 50 I 51 1-07.18(3) Subcontractors I FLEMING BICYCLE CORRIDOR 53 IPW 3767 November 15,2022