<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".08" citation="COMAR 05.04.03.08" title_num="05" subtitle_num="04" chapter_num="03" heading="Contractor Requirements.">
  <paragraph num="A.">
    <text>All contractors shall:</text>
    <paragraph num="(1)">
      <text>Be licensed by the appropriate authority governing the type of work to be performed and meet all other State and local licensing requirements;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Be, in the opinion of the Department, of good reputation, financially sound, and fully qualified to perform the required work, as evidenced by previous professional construction experience;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Furnish evidence of the following:</text>
      <paragraph num="(a)">
        <text>Comprehensive public liability insurance coverage protecting the borrower for not less than $100,000 for injuries sustained by any one person, and $300,000 for injuries sustained by two or more persons in any one accident,</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Property damage liability insurance of not less than $50,000 for each occurrence and $100,000 aggregate in the event of property damage arising out of work performed by the contractor,</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Workmen's compensation insurance, and</text>
      </paragraph>
      <paragraph num="(d)">
        <text>With respect to loans of $50,000 or more, a payment and performance bond in an amount satisfactory to the Department and naming the Department and the borrower as dual obligees;</text>
      </paragraph>
    </paragraph>
    <paragraph num="(4)">
      <text>Perform all work:</text>
      <paragraph num="(a)">
        <text>In conformance with the contract and all applicable laws, local codes, ordinances, and regulations including, by way of example, those laws, local codes, ordinances and regulations relating to the protection and safety of persons and property, and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>In a competent, workmanlike manner equal to the standards of the industry;</text>
      </paragraph>
    </paragraph>
    <paragraph num="(5)">
      <text>Furnish all labor, materials, and equipment, and obtain and pay for all permits and licenses necessary for execution and completion of the work;</text>
    </paragraph>
    <paragraph num="(6)">
      <text>Not assign the contract without the prior written consent of the Department;</text>
    </paragraph>
    <paragraph num="(7)">
      <text>Agree to permit the Department or its designee to examine and inspect the work;</text>
    </paragraph>
    <paragraph num="(8)">
      <text>Agree to complete all work within the completion date specified in the loan documents;</text>
    </paragraph>
    <paragraph num="(9)">
      <text>Indemnify and hold the Department harmless from all liability and loss because of injury to or death of any person or damage to any property which may occur or be alleged to occur during performance of the contract as a direct or indirect result of any act or omission, whether intentional, negligent, or otherwise, by the contractor, subcontractors, or their agents, servants, and employees;</text>
    </paragraph>
    <paragraph num="(10)">
      <text>Defend all claims and suits involving §A(9) at its sole cost and expense;</text>
    </paragraph>
    <paragraph num="(11)">
      <text>Use its best efforts to employ contractors which are minority business enterprises; and</text>
    </paragraph>
    <paragraph num="(12)">
      <text>Meet any other requirements that the Department may reasonably establish.</text>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>The requirements of §A of this regulation shall also apply to subcontractors except that, with respect to §A(3), subcontractors may be included within the contractor's insurance coverage.</text>
  </paragraph>
</regulation>