Agenda - 08-23-2011 - 8c - Laserfiche WebLink

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40 and an appropriate affidavit as required in subsection {b) of th9s provision, has been. received by Owner. b. Should Owner reasonably deterrmne that Contractor has failed to perform the Work related to a Request for Payment,. Owner, at its discretion allay 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 >Zreach. i. Should Contractor or its representatives fai .to cure the breach within ten (10) days, or fail to reasonably agree to st~h modified schedule, Owner may immediately terminate this Agreement in writing, without penalty or incurring further obligation to Contractor. ii. Thais section shall. not be interpreted to limit the dcFnition of breach to the failure to pecfonn the Work related to a Request for Payment. SECTION XI11: Standard of Care d. The Contractor shall exercise reasonable care and diligence in performing the Work in accordance with the highest. generally a4cepted- standards of :this .type of Contractor practice throughout the United States and in accordance with applicaUle rederal, state and. local laws and regulations app icable to the performance ofthesz services. Contractor is solely responsible for the professional-quality, accuracy anti timely completion and/or submission of alt work. e. Contractor-shall be responsible for all errors or• omissions, in the performance of the Agreement. Contractor shall correct a~'~y and all errors, omissions, discrepancies, ambiguities, mistakes or conflicts at no additional cost to the (Uwner. f. Contractor is an independent contra.ci:or of Owner. Any and a)I employees of the. Contractor engaged by the Contractor in the performance of any work or services required of the Contractor under -this Agreement, shall be considered employees ar agents of the Contractor only and. not of the Owner, said any and all. claims that may or might arise under any workers compensation or other law or contract on behalf of said employees 4vhile so engaged shall be the sole obligation and responsibility of the Contractor. g. [f 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, ceatifications, or credentials and that such licenses certifications, or credentials_are current, active, and. not in a state of suspension or revocation:. SEC"f lOi~1 XX: Insurance and Bonds a. Minimum requirements -The Contractor shall obtain, at-its sole expense, all insurance required under this Agreement and the Contractor shaA ncrt 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. Ali. required insurance shall be procured &am 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 1~final Completion of the Work. Coverages shall be maintained continuously during the life of the Project until Final Completion. of the Work. for the following types of insurance in the amounts t fisted: i. Worker's Compensation ]nsurance with limits far Coverage A Statutory -State of North Carolina and Coverage Li Lmplayei•s Liability X500,000 each accident and policy Limit and disease each employee. ii. Comprehensive General Liability and Property Damage lr}surance (5500,000 Each Occurrence; $1,000,000 Aggregate).