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2025 FEDERAL OVERLAY, W MUKILTEO BLVD – GLENWOOD AVE TO DOGWOOD DR <br /> PAGE SP45 OF SP123 SPECIAL PROVISIONS <br />WORK ORDER #3842 April 15, 2025 FEDERAL AID# NHPP-2776(011) <br />*** None. *** 1 <br /> 2 <br />1-07.18.RTF 3 <br />1-07.18 Public Liability and Property Damage Insurance 4 <br /> 5 <br />Delete this section in its entirety, and replace it with the following: 6 <br /> 7 <br />1-07.18 Insurance 8 <br />(January 4, 2024 APWA GSP) 9 <br /> 10 <br />1-07.18(1) General Requirements 11 <br />A. The Contractor shall procure and maintain the insurance described in all subsections of 12 <br />section 1-07.18 of these Special Provisions, from insurers with a current A. M. Best 13 <br />rating of not less than A-: VII and licensed to do business in the State of Washington. 14 <br />The Contracting Agency reserves the right to approve or reject the insurance provided, 15 <br />based on the insurer’s financial condition. 16 <br /> 17 <br />B. The Contractor shall keep this insurance in force without interruption from the 18 <br />commencement of the Contractor’s Work through the term of the Contract and for thirty 19 <br />(30) days after the Physical Completion date, unless otherwise indicated below. 20 <br /> 21 <br />C. If any insurance policy is written on a claims-made form, its retroactive date, and that of 22 <br />all subsequent renewals, shall be no later than the effective date of this Contract. The 23 <br />policy shall state that coverage is claims made and state the retroactive date. Claims-24 <br />made form coverage shall be maintained by the Contractor for a minimum of 36 months 25 <br />following the Completion Date or earlier termination of this Contract, and the Contractor 26 <br />shall annually provide the Contracting Agency with proof of renewal. If renewal of the 27 <br />claims made form of coverage becomes unavailable, or economically prohibitive, the 28 <br />Contractor shall purchase an extended reporting period (“tail”) or execute another form of 29 <br />guarantee acceptable to the Contracting Agency to assure financial responsibility for 30 <br />liability for services performed. 31 <br /> 32 <br />D. The Contractor’s Automobile Liability, Commercial General Liability and Excess or 33 <br />Umbrella Liability insurance policies shall be primary and non-contributory insurance as 34 <br />respects the Contracting Agency’s insurance, self-insurance, or self-insured pool 35 <br />coverage. Any insurance, self-insurance, or self-insured pool coverage maintained by the 36 <br />Contracting Agency shall be excess of the Contractor’s insurance and shall not contribute 37 <br />with it. 38 <br /> 39 <br />E. The Contractor shall provide the Contracting Agency and all additional insureds with 40 <br />written notice of any policy cancellation, within two business days of their receipt of such 41 <br />notice. 42 <br /> 43 <br />F. The Contractor shall not begin work under the Contract until the required insurance has 44 <br />been obtained and approved by the Contracting Agency 45 <br /> 46 <br />G. Failure on the part of the Contractor to maintain the insurance as required shall 47 <br />constitute a material breach of contract, upon which the Contracting Agency may, after 48 <br />giving five business days’ notice to the Contractor to correct the breach, immediately 49 <br />terminate the Contract or, at its discretion, procure or renew such insurance and pay any 50 <br />and all premiums in connection therewith, with any sums so expended to be repaid to the 51