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I <br /> II1 D. The Contractor's Automobile Liability, Commercial General Liability and Excess or Umbrella <br /> 2 Liability insurance policies shall be primary and non-contributory insurance as respects the <br /> I <br /> 3 4 Contracting Agency's insurance, self-insurance, or self-insured pool coverage.Any insurance, <br /> self-insurance, or self-insured pool coverage maintained by the Contracting Agency shall be <br /> 5 excess of the Contractor's insurance and shall not contribute with it. <br /> I67 E. The Contractor shall provide the Contracting Agency and all additional insureds with written <br /> 8 notice of any policy cancellation, within two business days of their receipt of such notice. <br /> I9 <br /> 10 F. The Contractor shall not begin work under the Contract until the required insurance has <br /> 11 been obtained and approved by the Contracting Agency <br /> 12 <br /> I13 G. Failure on the part of the Contractor to maintain the insurance as required shall constitute a <br /> 14 material breach of contract, upon which the Contracting Agency may, after giving five <br /> 15 business days' notice to the Contractor to correct the breach, immediately terminate the <br /> I16 Contract or, at its discretion, procure or renew such insurance and pay any and all premiums <br /> 17 in connection therewith, with any sums so expended to be repaid to the Contracting Agency <br /> 18 on demand, or at the sole discretion of the Contracting Agency, offset against funds due the <br /> I19 Contractor from the Contracting Agency. <br /> 20 <br /> 21 H. All costs for insurance shall be incidental to and included in the unit or lump sum prices of <br /> 1 22 the Contract and no additional payment will be made. <br /> 23 <br /> 24 1-07.18(2) Additional Insured <br /> I25 All insurance policies, with the exception of Workers Compensation, and of Professional Liability <br /> 26 and Builder's Risk (if required by this Contract) shall name the following listed entities as <br /> 27 additional insured(s) using the forms or endorsements required herein: <br /> 28 <br /> I29 • the Contracting Agency and its officers, elected officials, employees, agents, and <br /> 30 volunteers <br /> 31 • $$The Port of Everett$$ <br /> I32 <br /> 33 The above-listed entities shall be additional insured(s)for the full available limits of liability <br /> 34 maintained by the Contractor, irrespective of whether such limits maintained by the Contractor <br /> I35 are greater than those required by this Contract, and irrespective of whether the Certificate of <br /> 36 Insurance provided by the Contractor pursuant to 1-07.18(4) describes limits lower than those <br /> 37 maintained by the Contractor. <br /> I38 <br /> 39 For Commercial General Liability insurance coverage, the required additional insured <br /> 40 endorsements shall be at least as broad as ISO forms CG 20 10 10 01 for ongoing operations <br /> I41 and CG 20 37 10 01 for completed operations. <br /> 42 <br /> 43 1-07.18(3) Subcontractors <br /> I44 The Contractor shall cause each Subcontractor of every tier to provide insurance coverage that <br /> 45 complies with all applicable requirements of the Contractor-provided insurance as set forth herein, <br /> 46 except the Contractor shall have sole responsibility for determining the limits of coverage required <br /> I47 to be obtained by Subcontractors. <br /> 48 <br /> 49 The Contractor shall ensure that all Subcontractors of every tier add all entities listed in <br /> 50 1-07.18(2) as additional insureds, and provide proof of such on the policies as required by that <br /> IWEST MARINE VIEW DRIVE UTILITIES PAGE 50 OF 117 August 2018 <br /> WORK ORDER#3588 <br /> SPECIAL PROVISIONS <br /> II <br />