Orange County NC Website
Browse       Search
DocuSign Envelope ID: D62F2210-0C4B-4230-A651-1AABDDF342CE <br /> additional insurance as may be required by Owner's Risk Manager as such insurance <br /> requirements are described in the Orange County Risk Transfer Policy and Orange County <br /> Minimum Insurance Coverage Requirements (each document is incorporated herein by <br /> reference and may be viewed at <br /> http://www.orangecountync.gov/departments/purchasing division/contracts.php). If <br /> Owner's Risk Manager determines additional insurance coverage is required such <br /> additional insurance shall be designated here NA (if no additional insurance required mark <br /> N/A as being not applicable). Contractor shall not commence construction work until such <br /> insurance is in effect and certification thereof has been received by the Owner's Risk <br /> Manager. <br /> b. Performance Bonds — Contractor shall furnish bonds covering the faithful performance of <br /> the Contract and payment of all obligations arising under any of the Contract Documents <br /> or related in any way to the Work. Contractor shall immediately furnish a copy of such <br /> bonds to any requesting person who appears to be a potential beneficiary of bonds <br /> covering payment obligations arising under any of the Contract Documents. This <br /> subsection 6(b) applies only to Contracts of fifty thousand dollars ($50,000.00) or more <br /> where the total cost for the project is three hundred thousand dollars ($300,000.00) or <br /> more. <br /> 7. INDEMNITY <br /> a. The Contractor shall indemnify and hold harmless to the extent permitted by law the <br /> Owner and its agents and employees from and against any and all claims, damages, losses <br /> and expenses, including attorney's fees, arising out of or resulting from the performance or <br /> nonperformance of the Work, provided that any such claim, damages, loss or expense (A) <br /> is attributable to bodily injury, sickness, disease or death or injury to, or destruction of, <br /> property, including the loss of use resulting therefrom; and (B) is caused in whole or in <br /> part by any breach of any provision of the Agreement or by any negligent or wrongful act <br /> or omission of the Contractor, any Subcontractor, or supplier of the Contractor, anyone <br /> directly or indirectly employed by any of them or anyone for whose acts any of them may <br /> be liable. The indemnification obligation under this paragraph shall not be limited in any <br /> way by any limitation of the amount or type of damages, compensation or benefits payable <br /> by or for the Contractor or any subcontractor under workers' compensation acts, disability <br /> benefits acts or other employee benefit acts. <br /> b. The Contractor shall indemnify and hold harmless Owner from any lien of whatever type <br /> through the purchase of appropriate bonds and insurance as designated in Section 6 above. <br /> In the event any such lien is filed against Owner's property Contractor shall, through such <br /> bonds and insurance or at Contractors expense, defend Owner against all such claims of <br /> lien. <br /> c. Upon completion of the Work the Contractor shall execute an affidavit stating there are no <br /> unpaid debts for any work that has been done or materials that have been furnished to the <br /> Project prior to and as of the date of substantial completion and further stating that <br /> Contractor shall indemnify, save and protect Owner and Owner's lender, if any, haiinless <br /> from and against any and all claims, liabilities, losses, damages, causes of action, and <br /> expenses (including court costs and reasonable attorney's fees related thereto) arising out <br /> of, in connection with, or resulting from any such debts and liens. Such indemnification <br /> shall be in a form and substance acceptable to Owner. <br /> Revised 6/16 4 <br />