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! <br /> i <br /> ! 1 Agency. However in no event shall any provision for a deductibie provide for a <br /> 2 deductible in excess of$50,000.00. <br /> I 3 <br /> � 4 Prior to contract execution, the Contractor shall file with the Port of Everett, ACORD <br /> 5 Form Certificates of Insurance evidencing the minimum insurance coverages <br /> + 6 required under these specifications. <br /> I � <br /> 8 All insurance policies and Certificates of Insurance shall include a requirement <br /> � 9 providing for a minimum of 45 days prior written notice to the Contracting Agency of <br /> 10 any cancellation or reduction of coverage. All insurance coverage requirsd by this <br /> 11 section shall be written and provided by"occurrence-based" policy forms rather than <br /> 12 by"claims made"forms. <br /> i 13 <br /> 14 Failure on the part of the Contractor to maintain the insurance as required shall <br /> 15 constitute a material breach of contract upon which the Contracting Agency may, <br /> , 16 after giving five working days notice to the Contractor to currect the breach, <br /> ; 17 immediately terminate the contract or, at its discretion, procure or renew such <br /> 18 insurance and pay any and all premiums in connection therewith, with any sums so <br /> � 19 expended to be repaid to the Contracting Agency on demand, or at the sole <br /> � 20 discretion of the Contracting Agency, offset against funds due the Contractor from <br /> � 21 tlie Contracting Agency. <br /> 22 <br /> 23 All costs for insurance, including any payments of deductible amounts, shall be <br /> 24 considered incidental to and included in the unit contract ��rices and no additional <br /> 25 paymeM.will be made. <br /> 26 <br /> 27 <br /> 28 PROSECUTION AND PROGRESS <br /> 29 <br /> � 30 Prior to any subcontractor or lower tier subcontractor beginning work, the Contractor <br /> 31 shall submit to the Engineer a certification (WSDOT Form 420-004) that a written <br /> ; 32 agreement between the Contrector and the subcontractor or between the <br /> ' 33 subcontractor and any lower tier subcontractor has been executed. <br /> 34 <br /> I 35 A subcontractor or lower tier subcontractor will not be permitted to perform any work <br /> , 36 under the contract until the following documents have been completed and <br /> 37 submitted to the Engineer: <br /> � 38 <br /> 39 1. Request to Sublel Work (WSDOT Form 421-012), and <br /> 40 2. Contractor and Subcontractor or Lower Tier Subcontractor Certification for <br /> 41 Federal-aid Projects (WSDOT Form 420-004). <br /> � 42 <br /> � 43 The Contractor's records pertaining to the requirements of this Special Provision <br /> 44 shall be open to inspection or audit by representatives of the Contracting Agency <br /> � 45 during the life of the contract and for a period of not less than three years after the <br /> 46 date of acceptance of the contract. The Contractor shall retain these records for <br /> 47 that period. The Contractor shall also guarantee that these records of all <br /> ' 48 subcontractors and lower tier subcontractors shall be available and open to similar <br /> 49 inspection or audit for the same time period. <br /> 50 <br /> � 51 <br /> � Port oi Everetl FAWAT-03-039 <br /> Satellile RaillBarge Transfer Facility Final Port Review Draft <br /> Phase 1:Pier Conslruction 20 15 March 2005 <br />