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1 guarantee acceptable to the Contracting Agency to assure financial responsibility for <br /> 2 liability for services performed. <br /> 3 <br /> 4 D. The Contractor's Automobile Liability, Commercial General Liability and Excess or <br /> 5 Umbrella Liability insurance policies shall be primary and non-contributory insurance as <br /> 6 respects the Contracting Agency's insurance, self-insurance, or self-insured pool <br /> 7 coverage. Any insurance, self-insurance, or self-insured pool coverage maintained by <br /> 8 the Contracting Agency shall be excess of the Contractor's insurance and shall not <br /> 9 contribute with it. <br /> 10 <br /> 11 E. The Contractor shall provide the Contracting Agency and all additional insureds with <br /> 12 written notice of any policy cancellation, within two business days of their receipt of such <br /> 13 notice. <br /> 14 <br /> 15 F. The Contractor shall not begin work under the Contract until the required insurance has <br /> 1 16 been obtained and approved by the Contracting Agency <br /> 17 <br /> 18 G. Failure on the part of the Contractor to maintain the insurance as required shall <br /> 19 constitute a material breach of contract, upon which the Contracting Agency may, after <br /> 20 giving five business days' notice to the Contractor to correct the breach, immediately <br /> 21 terminate the Contract or, at its discretion, procure or renew such insurance and pay any <br /> ' 22 <br /> 23 and all premiums in connection therewith, with any sums so expended to be repaid to the <br /> Contracting Agency on demand, or at the sole discretion of the Contracting Agency, <br /> 24 offset against funds due the Contractor from the Contracting Agency. <br /> 1 26 H. All costs for insurance shall be incidental to and included in the unit or lump sum prices <br /> 27 of the Contract and no additional payment will be made. <br /> i 28 <br /> 29 1-07.18(2) Additional Insured <br /> 30 All insurance policies, with the exception of Workers Compensation, and of Professional <br /> 31 Liability and Builder's Risk (if required by this Contract) shall name the following listed <br /> 32 entities as additional insured(s) using the forms or endorsements required herein: <br /> 33 • the Contracting Agency and its officers, elected officials, employees, agents, and <br /> 34 volunteers <br /> 1 35 ■ *** $2,000,000.00*** <br /> 36 <br /> 37 The above-listed entities shall be additional insured(s) for the full available limits of liability <br /> ' 38 maintained by the Contractor, irrespective of whether such limits maintained by the <br /> 39 Contractor are greater than those required by this Contract, and irrespective of whether the <br /> 40 Certificate of Insurance provided by the Contractor pursuant to 1-07.18(4) describes limits <br /> 41 lower than those maintained by the Contractor. <br /> 42 <br /> 43 For Commercial General Liability insurance coverage, the required additional insured <br /> ' 44 endorsements shall be at least as broad as ISO forms CG 20 10 10 01 for ongoing <br /> 45 operations and CG 20 37 10 01 for completed operations. <br /> 46 <br /> 47 1-07.18(3) Subcontractors <br /> 48 The Contractor shall cause each Subcontractor of every tier to provide insurance coverage <br /> 49 that complies with all applicable requirements of the Contractor-provided insurance as set <br /> 50 forth herein, except the Contractor shall have sole responsibility for determining the limits of <br /> 51 coverage required to be obtained by Subcontractors. <br /> 52 <br /> 53 The Contractor shall ensure that all Subcontractors of every tier add all entities listed in <br /> 54 1-07.18(2) as additional insureds, and provide proof of such on the policies as required by <br /> HOT MIX ASPHALT OVERLAY-2018 PAGE 19 OF 57 March 6,2018 <br /> WORK ORDER#3667 <br /> SPECIAL PROVISIONS <br />