HM Pacific Northwest Inc. 5/18/2023

1 2 3 rfig 4 1-07.18 Public Liability and Property Damage Insurance 1 5 6 Delete this section in its entirety, and replace it with the following: 7 ' 8 1-07.18 Insurance 9 (January 4, 2016 APWA GSP) 10 ' 11 1-07.18(1) General Requirements 12 A. The Contractor shall procure and maintain the insurance described in all subsections of 13 section 1-07.18 of these Special Provisions, from insurers with a current A. M. Best 14 rating of not less than A-: VII and licensed to do business in the State of Washington. 15 The Contracting Agency reserves the right to approve or reject the insurance provided, 16 based on the insurer's financial condition. 17 18 B. The Contractor shall keep this insurance in force without interruption from the 19 commencement of the Contractor's Work through the term of the Contract and for thirty 20 (30) days after the Physical Completion date, unless otherwise indicated below. ' 21 22 C. If any insurance policy is written on a claims made form, its retroactive date, and that of 23 all subsequent renewals, shall be no later than the effective date of this Contract. The 24 policy shall state that coverage is claims made, and state the retroactive date. Claims- 25 made form coverage shall be maintained by the Contractor for a minimum of 36 months 26 following the Completion Date or earlier termination of this Contract, and the Contractor 27 shall annually provide the Contracting Agency with proof of renewal. If renewal of the 28 claims made form of coverage becomes unavailable, or economically prohibitive, the 29 Contractor shall purchase an extended reporting period ("tail") or execute another form of 30 guarantee acceptable to the Contracting Agency to assure financial responsibility for 31 liability for services performed. 32 33 D. The Contractor's Automobile Liability, Commercial General Liability and Excess or 34 Umbrella Liability insurance policies shall be primary and non-contributory insurance as 35 respects the Contracting Agency's insurance, self-insurance, or self-insured pool 36 coverage. Any insurance, self-insurance, or self-insured pool coverage maintained by the 37 Contracting Agency shall be excess of the Contractor's insurance and shall not contribute 38 with it. 39 40 E. The Contractor shall provide the Contracting Agency and all additional insureds with 41 written notice of any policy cancellation, within two business days of their receipt of such 42 notice. ' 43 44 F. The Contractor shall not begin work under the Contract until the required insurance has 45 been obtained and approved by the Contracting Agency ' 46 47 G. Failure on the part of the Contractor to maintain the insurance as required shall 48 constitute a material breach of contract, upon which the Contracting Agency may, after 49 giving five business days' notice to the Contractor to correct the breach, immediately 50 terminate the Contract or, at its discretion, procure or renew such insurance and pay any 51 and all premiums in connection therewith, with any sums so expended to be repaid to the I 2023 FEDERAL OVERLAY FEDERAL AID#STBGUL-2715(011) WO#3788 March 2,2023 SP-47