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2025 PAVEMENT MAINTENANCE OVERLAY SPECIAL PROVISIONS <br />PW# 3830 <br /> SP-22 March 26, 2025 <br /> <br />D. The Contractor’s Automobile Liability, Commercial General Liability and Excess or 1 <br />Umbrella Liability insurance policies shall be primary and non-contributory insurance as 2 <br />respects the Contracting Agency’s insurance, self-insurance, or self-insured pool 3 <br />coverage. Any insurance, self-insurance, or self-insured pool coverage maintained by the 4 <br />Contracting Agency shall be excess of the Contractor’s insurance and shall not contribute 5 <br />with it. 6 <br /> 7 <br />E. The Contractor shall provide the Contracting Agency and all additional insureds with 8 <br />written notice of any policy cancellation, within two business days of their receipt of such 9 <br />notice. 10 <br /> 11 <br />F. The Contractor shall not begin work under the Contract until the required insurance has 12 <br />been obtained and approved by the Contracting Agency 13 <br /> 14 <br />G. Failure on the part of the Contractor to maintain the insurance as required shall 15 <br />constitute a material breach of contract, upon which the Contracting Agency may, after 16 <br />giving five business days’ notice to the Contractor to correct the breach, immediately 17 <br />terminate the Contract or, at its discretion, procure or renew such insurance and pay any 18 <br />and all premiums in connection therewith, with any sums so expended to be repaid to the 19 <br />Contracting Agency on demand, or at the sole discretion of the Contracting Agency, 20 <br />offset against funds due the Contractor from the Contracting Agency. 21 <br /> 22 <br />H. All costs for insurance shall be incidental to and included in the unit or lump sum prices 23 <br />of the Contract and no additional payment will be made. 24 <br /> 25 <br />I. Under no circumstances shall a wrap up policy be obtained, for either initiating or 26 <br />maintaining coverage, to satisfy insurance requirements for any policy required under 27 <br />this Section. A “wrap up policy” is defined as an insurance agreement or arrangement 28 <br />under which all the parties working on a specified or designated project are insured 29 <br />under one policy for liability arising out of that specified or designated project. 30 <br /> 31 <br />1-07.18(2) Additional Insured 32 <br />All insurance policies, with the exception of Workers Compensation, and of Professional 33 <br />Liability and Builder’s Risk (if required by this Contract) shall name the following listed 34 <br />entities as additional insured(s) using the forms or endorsements required herein: 35 <br /> the Contracting Agency and its officers, elected officials, employees, agents, and 36 <br />volunteers 37 <br /> 38 <br /> 39 <br /> 40 <br />The above-listed entities shall be additional insured(s) for the full available limits of liability 41 <br />maintained by the Contractor, irrespective of whether such limits maintained by the 42 <br />Contractor are greater than those required by this Contract, and irrespective of whether the 43 <br />Certificate of Insurance provided by the Contractor pursuant to 1-07.18(4) describes limits 44 <br />lower than those maintained by the Contractor. 45 <br /> 46 <br />For Commercial General Liability insurance coverage, the required additional insured 47 <br />endorsements shall be at least as broad as ISO forms CG 20 10 10 01 for ongoing 48 <br />operations and CG 20 37 10 01 for completed operations. 49 <br /> 50 <br />1-07.18(3) Subcontractors 51