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Item 8-e - Award of Blackwood Farm Park Professional Services Agreement
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Item 8-e - Award of Blackwood Farm Park Professional Services Agreement
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11/29/2018 2:47:54 PM
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BOCC
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12/3/2018
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Regular Meeting
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Agenda
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8-e
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Agenda - 12-03-2018 Regular Board Meeting
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13 <br /> Occupancy of the Project, insurance for protection from claims under workers' or workmen's compensation acts; Comprehensive <br /> General Liability Insurance (including broad form contractual liability and complete operations, explosions,collapse, and underground <br /> hazards coverage)covering claims arising out of or relating to bodily injury, including bodily injury, sickness, disease or death of any of <br /> the Designer's or Consultants'employees or any other person and to real and personal property including loss of use resulting thereof; <br /> Comprehensive Automobile Liability Insurance, including hired and non-owned vehicles, if any, covering personal injury or death, and <br /> property damage; and Professional Liability Insurance, covering personal injury, bodily injury and property damage and claims arising out <br /> of or related to the performance under this Agreement by the Designer or its agents, Consultants and employees. <br /> 9.1.2 The minimum insurance ratings for any company insuring the Designer shall be Best's A-.Should the ratings of any insurance <br /> carrier insuring the Designer fall below the minimum rating,the County may, at its option, require the Designer to purchase insurance <br /> from a company whose rating meets the minimum standard. <br /> 9.2 Limits of Coverage <br /> 9.2.1 Consultant shall obtain, at its sole expense, Commercial General Liability Insurance,Automobile Insurance,Workers' <br /> Compensation Insurance, Professional Liability Insurance, and any additional insurance as may be required by Owner's Risk Manager as <br /> such insurance requirements are described in the Orange County Risk Transfer Policy and Orange County Minimum Insurance Coverage <br /> Requirements(each document is incorporated herein by reference and may be viewed at <br /> http://www.orangecountync.gov/departments/purchasing_division/contracts.php). If Owner's Risk Manager determines additional <br /> insurance coverage is required such additional insurance shall be designated here N/A(if no additional insurance required leave blank or <br /> mark N/A as being not applicable). Consultant shall not commence work until such insurance is in effect and certification thereof has <br /> been received by the Owner's Risk Manager. <br /> 9.2.2 All insurance policies(with the exception of Worker's Compensation and Professional Liability) required under this Agreement <br /> shall name the Owner as an additional insured party for the insurance. <br /> 9.3 Proof of Coverage <br /> 9.3.1 Evidence of such insurance shall be furnished to the Owner. Upon cancellation, non-renewal or reduction,the Consultant shall <br /> procure substitute insurance so as to assure the Owner that the minimum limits of coverage are maintained continuously throughout <br /> the periods specified herein. <br /> 9.4 Indemnity <br /> 9.4.1 The Designer agrees,without limitation,to indemnify and hold harmless the Owner from all loss, liability, claims or expense, <br /> including attorney's fees, arising out of or related to the Project and arising from bodily injury including death or property damage to any <br /> person or persons caused in whole or in part by the negligence or misconduct of the Designer except to the extent same are caused by <br /> the negligence or willful misconduct of the Owner. It is the intent of this provision to require the Designer to indemnify the Owner to the <br /> fullest extent permitted under North Carolina law. <br /> 9.5 Owner's Insurance Option <br /> 9.5.1 At any time during the performance of this Agreement,the Owner may, at its sole option, provide for itself,for the Designer and <br /> for its Consultants any or all of the insurance coverage required under the Article. <br /> 10 <br /> Revised 10/17 <br />
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