Lakeside Industries, Inc. 5/3/2024

2024 Pavement Maintenance Overlay SPECIAL PROVISIONS PW# 3823 21 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 5 all subsequent renewals, shall be no later than the effective date of this Contract. The 6 policy shall state that coverage is claims made and state the retroactive date. Claims-7 made form coverage shall be maintained by the Contractor for a minimum of 36 months 8 following the Completion Date or earlier termination of this Contract, and the Contractor 9 shall annually provide the Contracting Agency with proof of renewal. If renewal of the 10 claims made form of coverage becomes unavailable, or economically prohibitive, the 11 Contractor shall purchase an extended reporting period (“tail”) or execute another form of 12 guarantee acceptable to the Contracting Agency to assure financial responsibility for 13 liability for 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 30 constitute a material breach of contract, upon which the Contracting Agency may, after 31 giving five business days’ notice to the Contractor to correct the breach, immediately 32 terminate the Contract or, at its discretion, procure or renew such insurance and pay any 33 and all 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, 35 offset 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 38 of the Contract and no additional payment will be made. 39 40 I. Under no circumstances shall a wrap up policy be obtained, for either initiating or 41 maintaining coverage, to satisfy insurance requirements for any policy required under 42 this Section. A “wrap up policy” is defined as an insurance agreement or arrangement 43 under which all the parties working on a specified or designated project are insured 44 under one policy for liability arising out of that specified or designated project. 45 46 1-07.18(2) Additional Insured 47 All insurance policies, with the exception of Workers Compensation, and of Professional 48 Liability and Builder’s Risk (if required by this Contract) shall name the following listed 49 entities as additional insured(s) using the forms or endorsements required herein: 50  the Contracting Agency and its officers, elected officials, employees, agents, and 51 volunteers 52