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<br />Each Occurrence $1,000,000
<br />Fire Damage (Any one fire) $ 50,000
<br />Medical Expense (Any one person) $ 5,000
<br />BUSINESS AUTO LIABILITY (including All Owned, Nonowned, and Hired Vehicles):
<br />Combined Single Limit $1,000,000
<br />OR
<br />Bodily Injury & Property Damage (each) $750,000
<br />WORKER'S COMPENSATION:
<br />State Statutory
<br />Employers Liability $100,000 Per Acc.
<br />$500,000 Disease, Policy Limit; $100,000 Disease, Each Employee
<br />(4) Required Documentation. (a) Prior to wmmencement of the work, contractor shall provide to the state a signed, original certificate
<br />of liability insurance (ACORD 25). The certificate shall identify the types of insurance, state the limits of liability for each type of
<br />coverage, include a provision for 30 days notice prior to cancellation, name every applicable using governmental unit (as identified on
<br />the cover page) as a Certificate Holder, provide that the general aggregate limit applies per project, and provide that coverage is written
<br />on an occurrence basis. (b) Prior to commencement of the work, contractor shall provide to the state a written endorsement to the
<br />contractor's general liability insurance policy that (i) names every applicable using governmental unit (as identified on the Cover Page) as
<br />an additional insured, (ii) provides that no material alteration, cancellation, non-renewal, or expiration of the coverage contained in such
<br />policy shall have effect unless the named governmental unit(s) has been given at least thirty (30) days prior written notice, and (iii)
<br />provides that the Contractor's liability insurance policy shall be primary, with any liability insurance of the state as secondary and
<br />nonwntributory. (c) Both the certificate and the endorsement must be received directly from either the wntractor's insurance agent or the
<br />insurance company.
<br />(5) Contractor shall provide a minimum of thirty (30) days written notice to every applicable using governmental unit of any proposed
<br />reduction of coverage limits (on account of revised limits or claims paid under the General Aggregate) or any substitution of insurance
<br />carriers.
<br />(6) The state's failure to demand either a certificate of insurance or written endorsement required by this paragraph is not a waiver of
<br />contractor's obligations to obtain the required insurance.
<br />[07-7B055-1]
<br />CONTRACTOR PERSONNEL (JAN 2006):
<br />The Contractor shall enforce strict discipline and good order among the Contractor's employees and other persons carrying out the
<br />Contract. The Contractor shall not permit employment of unfit persons or persons not skilled in tasks assigned to them.
<br />DEFAULT (JAN 2006)
<br />(a) (1) The State may, subject to paragraphs (c) and (d) of this clause, by written notice of default to the Contractor, terminate this
<br />contract in whole or in part if the Contractor fails to:
<br />(i) Deliver the supplies or to perform the services within the time specified in this contractor any extension;
<br />(ii) Make progress, so as to endanger performance of this contract (but see paragraph (a)(2) of this clause); or
<br />(iii) Perform any of the other material provisions of this contract (but see paragraph (a)(2) of this clause).
<br />(2) The State's right to terminate this contract under subdivisions (a)(1)(ii) and (1)(iii) of this clause, may be exercised if the Contractor
<br />does not cure such failure writhin 10 days (or more if authorized in writing by the Procurement Officer) after receipt of the notice from the
<br />Procurement Officer specifying the failure.
<br />(b) If the State terminates this contract in whole or in part, it may acquire, under the terms and in the manner the Procurement Officer
<br />considers appropriate, supplies or services similar to those terminated, and the Contractor will be liable to the State for any excess costs
<br />for those supplies or services. However, the Contractor shall continue the work not terminated.
<br />(c) Except for defaults of subcontractors at any tier, the Contractor shall not be liable for any excess costs if the failure to perform the
<br />contract arises from causes beyond the control and without the fault or negligence of the Contractor. Examples of such causes include (1)
<br />acts of God or of the public enemy, (2) acts of the State in either its sovereign or contractual capacity, (3) fires, (4) floods, (5) epidemics,
<br />(6) quarantine restrictions, (7) strikes, (8) freight embargoes, and (9) unusually severe weather. In each instance the failure to perform
<br />must be beyond the control and without the fault or negligence of the Contractor.
<br />(d) If the failure to perform is caused by the default of a subcontractor at any tier, and if the cause of the default is beyond the control of
<br />both the Contractor and subcontractor, and without the fault or negligence of either, the Contractor shall not be liable for any excess costs
<br />for failure to perform, unless the subcontracted supplies or services were obtainable from other sources in sufficient time for the
<br />Contractor to meet the required delivery schedule.
<br />(e) If this contract is terminated for default, the State may require the Contractor to transfer title and deliver to the State, as directed by
<br />the Procurement Officer, any (1) completed supplies, and (2) partially completed supplies and materials, parts, tools, dies, jigs, fixtures,
<br />plans, drawings, information, and contract rights (collectively referred to as "manufacturing materials" in this clause) that the Contractor
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<br />Attachment number 3
<br />F-7 Page 163 of 433
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