ORD-2011-027 Central Efland - Northern Buckhorn Sewer Extensions – Funding (Including Budget Amendment #1-A) Bid Award and Construction

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H111 and an appropriate affidavit as required in subsection (b) of this provision, has been received by Owner. b. Should Owner reasonably determine that Contractor has failed to. perform the Work related to a Request for Payment,. Owner, at its discretion may provide the Contractor ten. (10) days to cure the breach. Owner may withhold the accompanying payment without penalty until -such time as Contractor cures the breach, i. Should Contractor or its representatives fail to care the breach within ten (10) days; or fail to reasonably agree to such modified schedule, Owiner may immediately terminate this Agreement in writing, without penalty or incurring fairther obligation to Contractor.. ii. This section shall not be interpreted to limit the definition of breach to the . failure to perform the Work related to a Request for Payment. SECTION X111; Standard of Care d, The-Contractor shall- exercise reasonable care and diligence in performing the Work in accordance with the highest generally accepted- standards of this type of Contractor practice throughout the United States and in accordance with applicable federal, state and local -laws and regulations applicable to the performance -of these services. Contractor is solely responsible for the professional - quality, accuracy and timely completion and/or submission of all work. e. Contractor shall -be responsible for all- errors or omissions, in the performance of the Agreement. Contractor shall correct any and all errors, omissions, discrepancies, ambiguities, .mistakes or conflicts at no additional cost to the Owner. f. Contractor is an independent contractor of Owner. Any and all employees of the Contractor engaged by the Qontractor-in the performance of any work -or services required of the Contxactor under this Agreement, shall be considered employees or agents of the Contractor only and not of the Owner, and any and all claims that may or .might arise under any workers compensation or othsr law or- contract on behalf of said employees while so engaged shall be the sole obligation-and dresponsbility of the Contractor. g. If activities related to the. performance of this Agreement require specific licenses, certifications, or related credentials Contractor represents that it and/or its employees, agents and subcontractors engaged in such activities possess such licenses, certifications, or credentials and that such licenses certifications, or credentials are current, active, and not in a state of suspension or revocation. SECTION XX: Insurance and Bonds a. Minimum requirements — The Contractor shall obtain, at its sole expense, all insurance required under this Agreement and the Contractor shall not commence work until: such insurance is in force nor shall the Contractor allow any Subcontractor to commence work on its subcontract until all insurance required to be procured by Subcontractors hereunder has been so obtained by or for the Subcontractor. Ail. required insurance shall be procured from insurance companies licensed to do business in North. Carolina with a Best`s Insurance Guide Rating of A- or better. Coverage for the following types of insurance shall be maintained continuously during the life of the Project until Final Completion of-the Work. Coverages shall be maintained continuously .during the life of the Project until Final Completion of the Work for the .f©llowing types of insurance in the amounts listed: i. Worker's Compensation. Insurance with limits for Coverage A Statutory - State of North Carolina and Coverage B Employers. Liability $500,000 each accident and policy limit and disease each employee. u. Comprehensive General Liability and Property Damage Insurance ($500,000 Each Occurrence; $1,000;000 Aggregate)-