McCann Construction Enterprises Inc 11/7/2018

I 1 B. The Contractor shall keep this insurance in force without interruption from the 1 2 commencement of the Contractor's Work through the term of the Contract and for thirty 3 (30) days after the Physical Completion date, unless otherwise indicated below. 4 5 C. If any insurance policy is written on a claims made form, its retroactive date, and that of 6 all subsequent renewals, shall be no later than the effective date of this Contract. The 7 policy shall state that coverage is claims made, and state the retroactive date. Claims111 - 8 made form coverage shall be maintained by the Contractor for a minimum of 36 months 9 following the Completion Date or earlier termination of this Contract, and the Contractor 10 shall annually provide the Contracting Agency with proof of renewal. If renewal of the , 11 claims made form of coverage becomes unavailable, or economically prohibitive, the 12 Contractor shall purchase an extended reporting period ("tail") or execute another form 13 of guarantee acceptable to the Contracting Agency to assure financial responsibility for 14 liability for services performed. 15 16 D. The Contractor's Automobile Liability, Commercial General Liability and Excess or 111 17 Umbrella Liability insurance policies shall be primary and non-contributory insurance as 18 respects the Contracting Agency's insurance, self-insurance, or self-insured pool 19 coverage. Any insurance, self-insurance, or self-insured pool coverage maintained by the 20 Contracting Agency shall be excess of the Contractor's insurance and shall not contribute 21 with it. 22 23 E. The Contractor shall provide the Contracting Agency and all additional insureds with 24 written notice of any policy cancellation, within two business days of their receipt of such 25 notice. 26 27 F. The Contractor shall not begin work under the Contract until the required insurance has 28 been obtained and approved by the Contracting Agency 29 ,30 G. Failure on the part of the Contractor to maintain the insurance as required shall 31 constitute a material breach of contract, upon which the Contracting Agency may, after 32 giving five business days' notice to the Contractor to correct the breach, immediately 33 terminate the Contract or, at its discretion, procure or renew such insurance and pay any 34 and all premiums in connection therewith, with any sums so expended to be repaid to 35 the Contracting Agency on demand, or at the sole discretion of the Contracting Agency, 36 offset against funds due the Contractor from the Contracting Agency. 37 38 H. All costs for insurance shall be incidental to and included in the unit or lump sum prices 39 of the Contract and no additional payment will be made. 1 40 41 1-07.18(2) Additional Insured 42 All insurance policies, with the exception of Workers Compensation, and of Professional 43 Liability and Builder's Risk (if required by this Contract) shall name the following listed 44 entities as additional insured(s) using the forms or endorsements required herein: 45 • the Contracting Agency and its officers, elected officials, employees, agents, and 46 volunteers 47 ■ *** $2,000,000.00*** 48 49 The above-listed entities shall be additional insured(s) for the full available limits of liability 50 maintained by the Contractor, irrespective of whether such limits maintained by the 51 Contractor are greater than those required by this Contract, and irrespective of whether the N. BROADWAY TRANSIT IMPROVEMENT PROJECT STATE FUND#GCB2316; COE WO#3644 50 August 8, 2018