Reese Construction Company 4/27/2023

1 COE 1-07.18.RTF 2 1-07.18 Public Liability and Property Damage Insurance 3 4 Delete this section in its entirety, and replace it with the following: 5 6 1-07.18 Insurance 7 (January 4, 2016 APWA GSP) 8 9 1-07.18(1) General Requirements 10 A. The Contractor shall procure and maintain the insurance described in all subsections of 11 section 1-07.18 of these Special Provisions, from insurers with a current A. M. Best 12 rating of not less than A-: VII and licensed to do business in the State of Washington. 13 The Contracting Agency reserves the right to approve or reject the insurance provided, 14 based on the insurer's financial condition. 15 16 B. The Contractor shall keep this insurance in force without interruption from the 17 commencement of the Contractor's Work through the term of the Contract and for thirty 18 (30) days after the Physical Completion date, unless otherwise indicated below. 19 20 C. If any insurance policy is written on a claims made form, its retroactive date, and that of 21 all subsequent renewals, shall be no later than the effective date of this Contract. The 22 policy shall state that coverage is claims made, and state the retroactive date. Claims- 23 made form coverage shall be maintained by the Contractor for a minimum of 36 months 24 following the Completion Date or earlier termination of this Contract, and the Contractor 25 shall annually provide the Contracting Agency with proof of renewal. If renewal of the 26 claims made form of coverage becomes unavailable, or economically prohibitive, the 27 Contractor shall purchase an extended reporting period ("tail") or execute another form of 28 guarantee acceptable to the Contracting Agency to assure financial responsibility for 29 liability for services performed. 30 31 D. The Contractor's Automobile Liability, Commercial General Liability and Excess or 32 Umbrella Liability insurance policies shall be primary and non-contributory insurance as 33 respects the Contracting Agency's insurance, self-insurance, or self-insured pool 34 coverage. Any insurance, self-insurance, or self-insured pool coverage maintained by the 35 Contracting Agency shall be excess of the Contractor's insurance and shall not contribute 36 with it. 37 38 E. The Contractor shall provide the Contracting Agency and all additional insureds with 39 written notice of any policy cancellation, within two business days of their receipt of such 40 notice. 41 42 F. The Contractor shall not begin work under the Contract until the required insurance has 43 been obtained and approved by the Contracting Agency 44 45 G. Failure on the part of the Contractor to maintain the insurance as required shall 46 constitute a material breach of contract, upon which the Contracting Agency may, after 47 giving five business days' notice to the Contractor to correct the breach, immediately 48 terminate the Contract or, at its discretion, procure or renew such insurance and pay any 49 and all premiums in connection therewith, with any sums so expended to be repaid to the 50 Contracting Agency on demand, or at the sole discretion of the Contracting Agency, 51 offset against funds due the Contractor from the Contracting Agency. 2023 PAVEMENT MAINTENANCE OVERLAY WO#3789 February 14,2023 20