2020-089-E AMS - Summit Whitted stormwater mitigation

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DocuSign Envelope ID:8433EODF-BA45-445A-8ECO-92271C65CC98 9.1.2 The minimum insurance ratings for any company insuring the Designer shall be Best's A-. Should the ratings of any insurance carrier insuring the Designer fall below the minimum rating,the County may,at its option, require the Designer to purchase insurance from a company whose rating meets the minimum standard. 9.2 Limits of Coverage 9.2.1 ❑esigner shall obtain, at its sole expense, Commercial General Liability Insurance,Automobile Insurance, Workers'Compensation Insurance, Professional Liability Insurance,and any additional insurance as may be required by Own er's Risk Manager as such insurance requirements are described in the Orange County Risk Transfer Policy and Orange County Minimum Insurance Coverage Requirements(each document is incorporated herein by reference and may be viewed at http://www.orangecountync.gov/departments/purchasing_division/contracts.php). If Owner's Risk Manager determines additional insurance coverage is required such additional insurance shall be designated here N/A (if no additional insurance required leave blank or mark N/A as being not applicable). Designer shall not commence work until such insurance is in effect and certification thereof has been received by the Owner's Risk Manager. 9.2.2 All insurance policies(with the exception of Worker's Compensation and Professional Liability) required under this Agreement shall name the Owner as an additional insured party for the insurance. 9.3 Proof of Coverage 9.3.1 Evidence of such insurance shall be furnished to the Owner. Upon cancellation, non-renewal or reduction,the Consultant shall procure substitute insurance so as to assure the Owner that the minimum limits of coverage are maintained continuously throughout the periods specified herein. 9.4 Indemnity 9.4.1 To the extent authorized by North Carolina law the Designer agrees,without[imitation,to indemnify and hold harmless the Owner from all loss, liability, claims or expense, including attorney's fees,arising out of or related to the Project and arising from bodily injury including death or property damage to any 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 the negligence or willful misconduct of the Owner. 9.5 Owner's Insurance Option 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 for its Consultants any or all of the insurance coverage required under the Article. 9.5.2 If the Owner elects to provide such coverage it shall notify the Designer in writing and provide to the ❑esigner such certificate or certificates of coverage as may be applicable. 9.5.3 If the Owner elects to provide such coverage it shall be entitled to pro rata reduction in the fees for Basic Services equal to the cost of providing such coverage to the ❑esigner and its Consultants. ARTICLE 10 AMENDMENTS TO THE AGREEMENT 11 Revised 11/19