Always Active Service 11/27/2023

CITY OF EVERETT - CITYWIDE BICYCLE WAYFINDING STATE FUND# HLP-PB21(014) WO#3786 September 25, 2023 35 B. The Contractor shall keep this insurance in force without interruption from the 1 commencement of the Contractor’s Work through the term of the Contract and for thirty 2 (30) days after the Physical Completion date, unless otherwise indicated below. 3 4 C. If any insurance policy is written on a claims made form, its retroactive date, and that of all 5 subsequent renewals, shall be no later than the effective date of this Contract. The policy 6 shall state that coverage is claims made, and state the retroactive date. Claims-made 7 form coverage shall be maintained by the Contractor for a minimum of 36 months following 8 the Completion Date or earlier termination of this Contract, and the Contractor shall 9 annually provide the Contracting Agency with proof of renewal. If renewal of the claims 10 made form of coverage becomes unavailable, or economically prohibitive, the Contractor 11 shall purchase an extended reporting period (“tail”) or execute another form of guarantee 12 acceptable to the Contracting Agency to assure financial responsibility for liability for 13 services performed. 14 15 D. The Contractor’s Automobile Liability, Commercial General Liability and Excess or 16 Umbrella Liability insurance policies shall be primary and non-contributory insurance as 17 respects the Contracting Agency’s insurance, self-insurance, or self-insured pool 18 coverage. Any insurance, self-insurance, or self-insured pool coverage maintained by the 19 Contracting Agency shall be excess of the Contractor’s insurance and shall not contribute 20 with it. 21 22 E. The Contractor shall provide the Contracting Agency and all additional insureds with 23 written notice of any policy cancellation, within two business days of their receipt of such 24 notice. 25 26 F. The Contractor shall not begin work under the Contract until the required insurance has 27 been obtained and approved by the Contracting Agency 28 29 G. Failure on the part of the Contractor to maintain the insurance as required shall constitute 30 a material breach of contract, upon which the Contracting Agency may, after giving five 31 business days’ notice to the Contractor to correct the breach, immediately terminate the 32 Contract or, at its discretion, procure or renew such insurance and pay any and all 33 premiums in connection therewith, with any sums so expended to be repaid to the 34 Contracting Agency on demand, or at the sole discretion of the Contracting Agency, offset 35 against funds due the Contractor from the Contracting Agency. 36 37 H. All costs for insurance shall be incidental to and included in the unit or lump sum prices of 38 the Contract and no additional payment will be made. 39 40 1-07.18(2) Additional Insured 41 All insurance policies, with the exception of Workers Compensation, and of Professional 42 Liability and Builder’s Risk (if required by this Contract) shall name the following listed entities 43 as additional insured(s) using the forms or endorsements required herein: 44  the Contracting Agency and its officers, elected officials, employees, agents, and 45 volunteers 46 47 The above-listed entities shall be additional insured(s) for the full available limits of liability 48 maintained by the Contractor, irrespective of whether such limits maintained by the Contractor 49 are greater than those required by this Contract, and irrespective of whether the Certificate of 50 Insurance provided by the Contractor pursuant to 1-07.18(4) describes limits lower than those 51 maintained by the Contractor. 52