Orange County NC Website
16 <br /> 4.2. Contractors' Performance and Payment Bonds. The County shall re- <br /> quire each contractor entering into a Construction Contract to furnish a performance bond <br /> and a separate labor and material payment bond as required by State law. The County <br /> shall provide copies of all such bonds to the Lender at the Lender's request. <br /> Upon any material default by a contractor under any Construction Contract, or up- <br /> on any material breach of warranty with respect to any materials, workmanship or per- <br /> formance, the County shall promptly proceed, either separately or in conjunction with <br /> others, to pursue diligently its remedies against the contractor or against the surety of any <br /> bond securing the performance of the applicable Construction Contract. <br /> 4.3. Contractors' General Public Liability and Property Damage Insur- <br /> ance. The County shall require each contractor entering into a Construction Agreement <br /> to procure and maintain standard form (a) comprehensive general public liability and <br /> property damage insurance, at such contractor's own cost and expense, during the dura- <br /> tion of such contractor's construction contract, in the amount of at least $2,000,000, and <br /> (b) comprehensive automobile liability insurance on owned, hired and non-owned vehi- <br /> cles for not less than $2,000,000. Such policies shall include the Lender as an additional <br /> named insured. The County shall provide to the Lender a certificate of insurance in a <br /> form acceptable to the Lender with respect to each contractor. Such insurance shall pro- <br /> vide protection from all claims for bodily injury, including death, property damage and <br /> contractual liability, products/completed operations, broad form property damage and <br /> XCU (explosive, collapse and underground damage), where applicable. <br /> 4.4. Contractors' Builder's Risk Completed Value Insurance. The County <br /> shall require each contractor entering into a Construction Agreement to purchase and <br /> maintain property insurance (builder's risk) upon all construction, acquisition, installation <br /> and equipping of the Pledged Facilities (excluding contractor's tools and equipment) at <br /> the Pledged Site thereof at the full insurable value thereof. This insurance shall include a <br /> lender's loss payable endorsement in favor of the Lender, and shall insure against "all <br /> risk" subject to standard policy conditions and exclusions. The contractor shall purchase <br /> and maintain similar property insurance for portions of the work stored off the Pledged <br /> Site or in transit when such portions of the work are to be included in an application for <br /> payment. The contractor shall be responsible for the payment of any deductible amounts <br /> associated with this insurance. <br /> 4.5. Contractors' Workers' Compensation Insurance. The County shall re- <br /> quire each contractor entering into a Construction Agreement to procure and maintain <br /> workers' compensation insurance during the term of such Construction Agreement, cov- <br /> ering his or her employees working thereunder. A certificate of insurance evidencing <br /> such coverage, in form acceptable to the Lender, shall be provided to the County with re- <br /> spect to each contractor entering into a Construction Agreement. Each Construction <br /> Agreement shall also provide that each subcontractor of any contractor who is a party to <br /> 9 <br />