2004 S Purchasing - Interlocal Agreement on OCS Middle School #3/West Ten Soccer Complex

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A ' of the County. The cost of the Project will be split between County appropriations from the West Ten Soccer Complex Project Ordinance and the School Board middle school #3 Project Ordinance as prescribed on Exhibit A. 2. CONTRACTS. The School Board, with the County's approval, may enter into any purchase order or contract with respect to the Project in the School Board's name. All applicable State and local laws and regulations, including but not limited to the applicable provisions of Art. 8, Chapter 143 ("Public Contracts") of the North Carolina General Statutes, shall be performed on behalf of the School Board and the County, including minority participation documentation and reporting with respect to the Project contracts. 2.1 Contractors' Performance and Payment Bonds. The School Board will provide for each contractor entering into a Construction Contract to furnish a performance bond and a separate labor and material payment bond as required by Article 3, Chapter 44A of the North Carolina General Statutes. The School Board will provide copies of such bonds to the County. Each such bond will include the County as a dual obligee. Upon any material default by a contractor under any Construction Contract, or upon any material breach of warranty with respect to any materials, workmanship or performance, the School Board will promptly proceed, either separately or in conjunction with the County, to pursue diligently its remedies against such contractor or against the surety of any bond securing the performance of such Construction Contract. 2.2 Contractors' General Public Liability and Property Damage Insurance. The School Board will provide for each contractor entering into a Construction Contract to procure and maintain standard form (a) comprehensive general public liability and property damage insurance, at such contractor's own cost and expense, during the duration of such contractor's Construction Contract, in the amount of at least $1,000,000, and (b) comprehensive automobile liability insurance on owned, hired and nonowned vehicles for not less than $ I,000,000. Such policies will include the County and the School Board as additional named insureds or loss payees. The School Board will provide to the County a certificate of insurance in a form acceptable to the County, with respect to each contractor and subcontractor. Such insurance will provide protection from all claims for bodily injury, including death, property damage and contractual liability, products/completed operations, broad form property damage and XCU (explosive, collapse and underground damage), where applicable. 2.3 Contractors' Builder's Risk Completed Value Insurance. The School Board will provide for each contractor entering into a Construction Contract to purchase and maintain property insurance (builder's risk) upon all construction, acquisition, installation and equipping of the Project improvements (excluding contractor's tools and equipment) at the Project sites at the full insurable value thereof. This insurance will include the County as an additional insured or loss payee, and will insure against "all risk" subject to standard policy conditions and exclusions. The construction contractor will purchase and maintain similar property insurance for portions of the work stored off the Project sites or in transit when such portions of the work are 2