Orange County NC Website
Browse       Search
6. INSURANCE AND BONDS <br />a. Contractor will obtain insurance and supply an insurance certificate evidencing the <br />insurance carried by us which is conditioned on the understanding that it represents full <br />compliance with all insurance requirements applying to us on this project. Contractor does <br />not provide copies of its insurance policies, certified or otherwise, waiver our or our <br />insurers’rights of subrogation nor name parties as additional insured. Coverage will be on <br />an occurrence basis and in accordance with the coverage limits outlined in the contract <br />documents. Renewal certificates will be provided during the term of the contract. In lieu of <br />Commercial General Liability and naming parties as additional insured, such parties shall <br />be named insured on an Owner’s and Contractor’s Protective (OCP) Liability policy with a <br />limit of $2,000,000. <br />b. If the project is covered by an Owner/Contractor Controlled Insurance Program <br />(OCIP/CCIP), and if Contractor agrees to participate it shall be at no to Contractor and <br />subject to its review and acceptance of the proposed program. Contractor does not allow <br />credits, deducts, or the reduction of its goods and services in exchange for the participation <br />in an OCIP/CCIP program. The OCP obligation is waived and any obligation of Contractor <br />to name others as Additional Insured shall be for offsite operations only. Liability policies, <br />Dec Pages, and all rating information have been deemed proprietary. As such, this <br />information will not be shared under and circumstance. <br />c. Owner shall maintain “Builder Risk” insurance upon the full value of our Work and <br />material delivered to the job site, at no cost to Contractor. <br />7. INDEMNITY <br />a. Contractor agrees to indemnify Owner and its agents and employees for any claims, <br />damages, losses and expenses, including attorney’s fees, due to personal injury, or property <br />damage to the extent caused by Contractor negligent or wrongful acts or omissions, or the <br />negligent or wrongful acts or omissions of Contractor employees, agents and <br />subcontractors during the performance of this contract, but not to the extent caused by <br />others. Each party shall defend itself in the event of a lawsuit. The indemnification <br />obligation under this paragraph shall not be limited in any way by any limitation of the <br />amount or type of damages, compensation or benefits payable by or for the Contractor or <br />any subcontractor under workers’compensation acts, disability benefits acts, or other <br />employee benefits acts. <br />b. In the event any lien is filed against Owner’s property, Contractor shall, at <br />Contractor’s expense, defend Owner against all such claims of 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, harmless <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 />8. DISPUTE RESOLUTION AND GOVERNING LAW <br />a. Any dispute with respect to any provision of, or the performance or non-performance of, this <br />Agreement shall be subject to the Dispute Resolution Rules and Procedures for Orange <br />County Design, Building Construction, Renovation, and Repair Projects. The policy is <br />Revised 12/18 4 <br />DocuSign Envelope ID: 47D12065-7220-4277-A47F-FC1DAC0CA54F