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2026 Pavement Maintenance Overlay Special Provisions <br />PW# 3860 SP - 27 March 5, 2026 <br />1 <br />2 C. If any insurance policy is written on a claims-made form, its retroactive date, and that of <br />3 all subsequent renewals, shall be no later than the effective date of this Contract. The <br />4 policy shall state that coverage is claims made and state the retroactive date. Claims- <br />5 made form coverage shall be maintained by the Contractor for a minimum of 36 months <br />6 following the Completion Date or earlier termination of this Contract, and the Contractor <br />7 shall annually provide the Contracting Agency with proof of renewal. If renewal of the <br />8 claims made form of coverage becomes unavailable, or economically prohibitive, the <br />9 Contractor shall purchase an extended reporting period (tail) or execute another form of <br />10 guarantee acceptable to the Contracting Agency to assure financial responsibility for <br />11 liability for services performed. <br />12 <br />13 D. The Contractors Automobile Liability, Commercial General Liability and Excess or <br />14 Umbrella Liability insurance policies shall be primary and non-contributory insurance as <br />15 respects the Contracting Agencys insurance, self-insurance, or self-insured pool <br />16 coverage. Any insurance, self-insurance, or self-insured pool coverage maintained by the <br />17 Contracting Agency shall be excess of the Contractors insurance and shall not contribute <br />18 with it. <br />19 <br />20 E. The Contractor shall provide the Contracting Agency and all additional insureds with <br />21 written notice of any policy cancellation, within two business days of their receipt of such <br />22 notice. <br />23 <br />24 F. The Contractor shall not begin Work under the Contract until the required insurance has <br />25 been obtained and approved by the Contracting Agency. <br />26 <br />27 G. Failure on the part of the Contractor to maintain the insurance as required shall constitute <br />28 a material breach of contract, upon which the Contracting Agency may, after giving five <br />29 business days notice to the Contractor to correct the breach, immediately terminate the <br />30 Contract or, at its discretion, procure or renew such insurance and pay any and all <br />31 premiums in connection therewith, with any sums so expended to be repaid to the <br />32 Contracting Agency on demand, or at the sole discretion of the Contracting Agency, offset <br />33 against funds due the Contractor from the Contracting Agency. <br />34 <br />35 H. All costs for insurance shall be incidental to and included in the unit or lump sum prices of <br />36 the Contract and no additional payment will be made. <br />37 <br />38 I. Under no circumstances shall a wrap up policy be obtained, for either initiating or <br />39 maintaining coverage, to satisfy insurance requirements for any policy required under this <br />40 Section. A wrap up policy is defined as an insurance agreement or arrangement under <br />41 which all the parties working on a specified or designated project are insured under one <br />42 policy for liability arising out of that specified or designated project. <br />43 <br />44 1-07.18(2) Additional Insured <br />45 All insurance policies, with the exception of Workers Compensation, and of Professional <br />46 Liability and Builders Risk (if required by this Contract) shall name the following listed entities <br />47 as additional insured(s) using the forms or endorsements required herein: <br />48 â–ªthe Contracting Agency and its officers, elected officials, employees, agents, and <br />49 volunteers <br />50 <br />51 The above-listed entities shall be additional insured(s) for the full available limits of liability <br />52 maintained by the Contractor, irrespective of whether such limits maintained by the