2011-328 Planning - DOT Construction, Inc. for bus shelters at DTCC

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LIABILITY INSURANCE: (11-18-08) SPI G80 Page 1-68, Article 107-16 is amended to include the following as the first, second, third and fourth paragraphs: The Contractor shall be liable for any losses resulting from a breach of the terms of this contract. The Contractor shall be liable for any losses due to the negligence or willful misconduct of its agents, assigns and employees including any sub-contractors which causes damage to others for which the Department is found liable under the Torts Claims Act, or in the General Courts of Justice, provided the Department provides prompt notice to the Contractor and that the Contractor has an opporhlxlity to defend against such claims. The Contractor shall not be responsible for punitive damages. The Contractor shall at its sale cost and expense obtain and furnish to the Department an original standazd ACO]tD form certificate of insurance evidencing commercial general liability with a limit for bodily injury and property damage in the amount of $5,000,000.00 per occurrence and general aggregate, covering the Contractor from claims or damages for bodily injury, personal injury, or for property damages which may arise from operating under the contract by the employees and agents of the Contractor.. The required limit of insurance may be obtained by a single general liability policy or the combination of a general liability and excess liability or umbrella policy. The State of North Carolina shall be named as an additional insured on this commercial general liability policy. The policy may contain the following language as relates to the State as an additional insured: "This insurance with respect to the additional insured applies only to the extent that the additional insured is held liable for your or your agent's acts or omissions arising out of and in the course of operations performed for the additional insured." The Contractor shall maintain all legally required insurance coverage, including without limitation, worker's compensation and vehicle liability, in the amounts required by la.w. Providing and maintaining adequate insurance coverage is a material obligation of the contractor and is of the essence of this contract. All. such insurance shall meet all laws of the State of North Carolina. Such insurance coverage shall be obtained from companies that aze authorized to provide such coverage and that are authorized by the Commissioner of Insurance to do business in North Carolina. The Contractor shall at all times comply with the terms of such insurance policies. Upon execution of the contract, provide evidence of the above insurance requirements to the Engineer.