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Contracts Management Guide - Texas Comptroller of Public Accounts

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Workers Compensation – Minimum coverage for employer liability as determined by the <strong>Texas</strong><br />

Department <strong>of</strong> Insurance.<br />

Contractor shall obtain and maintain in full force at all times during the term <strong>of</strong> this contract insurance<br />

coverage naming the State <strong>of</strong> <strong>Texas</strong>, acting through the agency name, as an additional insured and loss payee<br />

on its policies described below.<br />

Comprehensive General Liability in the amount <strong>of</strong>: [insert amount appropriate for the specific<br />

purchase] per occurrence and <strong>of</strong> [insert amount appropriate for the specific purchase] in the aggregate.<br />

Business Automobile Liability Insurance for all owned, non-owned and hired vehicles with a<br />

minimum combined limit <strong>of</strong>: [insert amount appropriate for the specific purchase] per occurrence for<br />

bodily injury and property damage.<br />

If insurance policies are not written for amounts specified above, Contractor shall carry Umbrella or<br />

Excess Liability Insurance for any differences in amounts specified. If Excess Liability insurance is<br />

provided, it shall follow the form <strong>of</strong> the primary coverage.<br />

Pr<strong>of</strong>essional Liability Insurance with the limits <strong>of</strong>: [insert amount appropriate for the specific<br />

purchase] per claim. [This type <strong>of</strong> insurance is only necessary for required for specific types <strong>of</strong> services<br />

wherein the actions directed or recommended by pr<strong>of</strong>essionals may put the agency at risk. lxxxii]<br />

Each policy <strong>of</strong> required insurance shall provide for ten (10) days written notice <strong>of</strong> cancellation to (name <strong>of</strong><br />

agency) and include the following provisions. "It is a condition <strong>of</strong> this policy that the Company shall<br />

furnish written notice to agency name and address ten (10) days in advance <strong>of</strong> any reduction in, or<br />

cancellation <strong>of</strong> this policy."<br />

Insurance shall be effective and evidence <strong>of</strong> acceptable insurance furnished to agency name, prior to<br />

commencing any operations under this contract.<br />

The amount and type <strong>of</strong> insurance may change depending on the type and subject <strong>of</strong> the solicitation.<br />

Agencies should refer to their legal department for direction on the type and amount <strong>of</strong> insurance<br />

coverage requirements. Director or <strong>of</strong>ficer liability insurance coverage may also be required to protect the<br />

state’s interests as per §2261.102, Government Code.<br />

Abandonment or Default<br />

If the contractor defaults on the contract, agency name reserves the right to cancel the contract without<br />

notice and either re-solicit or re-award the contract to the next best responsive and responsible<br />

respondent. The defaulting contractor will not be considered in the re-solicitation and may not be<br />

considered in future solicitations for the same type <strong>of</strong> work, unless the specification or scope <strong>of</strong> work<br />

significantly changed. The period <strong>of</strong> suspension will be determined by the agency based on the<br />

seriousness <strong>of</strong> the default.<br />

In accordance with §2261.101, Government Code Remedies and Sanctions lxxxiii – agencies shall<br />

incorporate language which shall hold contractors accountable for breach <strong>of</strong> contract or substandard<br />

performance without unfairly limiting competition.<br />

120

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