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18TH STREET PEDESTRIAN IMPROVEMENTS 3741 RMT July 03, 2024 21 shall annually provide the Contracting Agency with proof of renewal. If renewal of the 1 claims made form of coverage becomes unavailable, or economically prohibitive, the 2 Contractor shall purchase an extended reporting period (“tail”) or execute another form of 3 guarantee acceptable to the Contracting Agency to assure financial responsibility for 4 liability for services performed. 5 6 D. The Contractor’s Automobile Liability, Commercial General Liability and Excess or 7 Umbrella Liability insurance policies shall be primary and non-contributory insurance as 8 respects the Contracting Agency’s insurance, self-insurance, or self-insured pool 9 coverage. Any insurance, self-insurance, or self-insured pool coverage maintained by the 10 Contracting Agency shall be excess of the Contractor’s insurance and shall not contribute 11 with it. 12 13 E. The Contractor shall provide the Contracting Agency and all additional insureds with 14 written notice of any policy cancellation, within two business days of their receipt of such 15 notice. 16 17 F. The Contractor shall not begin work under the Contract until the required insurance has 18 been obtained and approved by the Contracting Agency 19 20 G. Failure on the part of the Contractor to maintain the insurance as required shall 21 constitute a material breach of contract, upon which the Contracting Agency may, after 22 giving five business days’ notice to the Contractor to correct the breach, immediately 23 terminate the Contract or, at its discretion, procure or renew such insurance and pay any 24 and all premiums in connection therewith, with any sums so expended to be repaid to the 25 Contracting Agency on demand, or at the sole discretion of the Contracting Agency, 26 offset against funds due the Contractor from the Contracting Agency. 27 28 H. All costs for insurance shall be incidental to and included in the unit or lump sum prices 29 of the Contract and no additional payment will be made. 30 31 I. Under no circumstances shall a wrap up policy be obtained, for either initiating or 32 maintaining coverage, to satisfy insurance requirements for any policy required under 33 this Section. A “wrap up policy” is defined as an insurance agreement or arrangement 34 under which all the parties working on a specified or designated project are insured 35 under one policy for liability arising out of that specified or designated project. 36 37 1-07.18(2) Additional Insured 38 All insurance policies, with the exception of Workers Compensation, and of Professional 39 Liability and Builder’s Risk (if required by this Contract) shall name the following listed 40 entities as additional insured(s) using the forms or endorsements required herein: 41  the Contracting Agency and its officers, elected officials, employees, agents, and 42 volunteers 43 44 The above-listed entities shall be additional insured(s) for the full available limits of liability 45 maintained by the Contractor, irrespective of whether such limits maintained by the 46 Contractor are greater than those required by this Contract, and irrespective of whether the 47 Certificate of Insurance provided by the Contractor pursuant to 1-07.18(4) describes limits 48 lower than those maintained by the Contractor. 49 50