Earthwork Solutions, LLC 1/30/2025

Fulton Street Pedestrian Bicycle Corridor PAGE 52 OF 114 CONTRACT FEDERAL AID # TAP-0420(026) WO #3785 September 6, 2024 following the Completion Date or earlier termination of this Contract, and the Contractor 1 shall annually provide the Contracting Agency with proof of renewal. If renewal of the 2 claims made form of coverage becomes unavailable, or economically prohibitive, the 3 Contractor shall purchase an extended reporting period (“tail”) or execute another form of 4 guarantee acceptable to the Contracting Agency to assure financial responsibility for 5 liability for services performed. 6 7 D. The Contractor’s Automobile Liability, Commercial General Liability and Excess or 8 Umbrella Liability insurance policies shall be primary and non -contributory insurance as 9 respects the Contracting Agency’s insurance, self -insurance, or self-insured pool 10 coverage. Any insurance, self-insurance, or self-insured pool coverage maintained by the 11 Contracting Agency shall be excess of the Contractor’s insurance and shall not contribute 12 with it. 13 14 E. The Contractor shall provide the Contracting Agency and all additional insureds with 15 written notice of any policy cancellation, within two business days of their receipt of such 16 notice. 17 18 F. The Contractor shall not begin work under the Contract until the required insurance has 19 been obtained and approved by the Contracting Agency 20 21 G. Failure on the part of the Contractor to maintain the insurance as required shall 22 constitute a material breach of contract, upon which the Contracting Agency may, after 23 giving five business days’ notice to the Contractor to correct the breach, immediately 24 terminate the Contract or, at its discretion, procure or renew such insurance and pay any 25 and all premiums in connection therewith, with any sums so expended to be repaid to the 26 Contracting Agency on demand, or at the sole discretion of the Contracting Agency, 27 offset against funds due the Contractor from the Contracting Agency. 28 29 H. All costs for insurance shall be incidental to and included in the unit or lump sum prices 30 of the Contract and no additional payment will be made. 31 32 I. Under no circumstances shall a wrap up policy be obtained, for either initiating or 33 maintaining coverage, to satisfy insurance requirements for any policy required under 34 this Section. A “wrap up policy” is defined as an insurance agreement or arrangement 35 under which all the parties working on a specified or designated project are insured 36 under one policy for liability arising out of that specified or designated project . 37 38 1-07.18(2) Additional Insured 39 All insurance policies, with the exception of Workers Compensation, and of Professional 40 Liability and Builder’s Risk (if required by this Contract) shall name the following listed 41 entities as additional insured(s) using the forms or endorsements required herein: 42 ▪ the Contracting Agency and its officers, elected officials, employees, agents, and 43 volunteers 44 45 The above-listed entities shall be additional insured(s) for the full available limits of liability 46 maintained by the Contractor, irrespective of whether such limits maintained by the 47 Contractor are greater than those required by this Contract, and irrespective of whether the 48 Certificate of Insurance provided by the Contractor pursuant to 1 -07.18(4) describes limits 49 lower than those maintained by the Contractor. 50 51