2013-222 Bid Award – Community Geothermal HVAC – Phase II Agreement Warren Hay Mechanical

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(ii) Comprehensive General Liability and Property Damage Insurance ($1,000,000 Each Occurrence; $2,000,000 Aggregate). (iii) Contractual Liability (Bodily Injury and Property Damage $1,000,000 Each Occurrence;Property Damage $2,000,000 Aggregate). (iv) Personal Injury,with Employment Exclusion deleted($1,000,000 Aggregate). (v) Comprehensive Automobile Liability Insurance (Bodily Injury $100,000 Each Person/Each Accident, $300,000 Each Occurrence; Property Damage $100,000 Each Occurrence). (vi) Property Insurance in an amount appropriate to protect the Project from perils of physical loss. The insurance shall provide for the cost of replacement for the Work at the time of any loss. The insurance shall provide for the cost of replacement for the Work at the time of any loss. The insurance shall include as named insureds the Owner, the Contractor and its Subcontractors and shall insure against the loss from the perils of fire and all risk coverage for physical loss or damage due to theft, vandalism, collapse, malicious mischief,transit, flood, earthquake,testing, damages resulting from defective design,negligent workmanship or defective material. b. Additional Insured — The Owner shall be named as additional insured on all forms of insurance except Worker's Compensation. Each certificate of insurance and policy required hereunder, except the worker's compensation policy, shall bear the provision that "The policy cannot be canceled or reduced in amount and that coverage cannot be eliminated in less than thirty (30) days after mailing written notice to the Owner of such alteration, cancellation, or elimination,the written notice to be sent by Certified Mail." c. Performance and Payment Bonds — Contractor shall furnish bonds covering the faithful performance of the Contract and payment of all obligations arising under any of the Contract Documents or related in any way to the Work. The bonds shall be in the full amount of the Contract Price and subject to changes in the Contract Price. The bonds shall be dated the same date as this Agreement and must be accompanied by a current copy of the power of attorney for the attorney-in-fact executing such bonds on behalf of a surety company licensed to do business in the State of North Carolina. Contractor shall immediately furnish a copy of such bonds to any requesting person who appears to be a potential beneficiary of bonds covering payment obligations arising under any of the Contract Documents. 8. INDEMNITY a. The Contractor shall indemnify and hold harmless the Owner and its agents and employees from and against any and all claims, damages, losses and expenses, including attorney's fees, arising out of or resulting from the performance or nonperformance of the Work, provided that any such claim, damages, loss or expense (i) is attributable to bodily injury, sickness, disease or death or injury, or destruction of property, including the loss of use resulting therefrom; and (ii) is caused in whole or in part by any breach of any provision of the Agreement or by any negligent or wrongful act or omission of the Contractor, any Subcontractor, or supplier of the Contractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The indemnification obligation under this paragraph shall not be limited in any way by any limitation of the amount or type of damages, compensation or benefits payable by or for the Contractor or any subcontractor under workers' compensation acts, disability benefits acts or other employee benefit acts. Revised November 2011 7