Orange County NC Website
Browse       Search
<br />Revised 07/20 <br /> 4 <br />days to cure the breach. Owner may withhold the accompanying payment without penalty <br />until such time as Contractor cures the breach. <br />i. Should Contractor or its representatives fail to cure the breach within ten (10) days, <br />or fail to reasonably agree to such modified schedule, Owner may immediately <br />terminate this Agreement in writing, without penalty or incurring further obligation <br />to Contractor. <br />ii. This section shall not be interpreted to limit the definition of breach to the failure to <br />perform the Work related to a Request for Payment. <br /> <br />h. The Contractor has included in the Contract Price and shall pay all taxes assessed by any <br />authority on the Work or the labor and materials used therein. It shall be the Contractor's <br />responsibility to furnish the Owner documentary evidence showing the materials used and <br />sales and use tax paid by the Contractor and each of its subcontractors. <br /> <br />6. INSURANCE AND BONDS <br />a. Minimum requirements – Contractor shall obtain, at its sole expense, Commercial General <br />Liability Insurance, Automobile Insurance, Workers’ Compensation Insurance, and any <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 /> <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 /> <br />7. INDEMNITY <br />a. To the extent authorized by North Carolina law the Contractor shall indemnify, without <br />limitation, and hold harmless to the maximum extent permitted by law the Owner and its <br />agents and employees from and against any and all claims, damages, losses and expenses, <br />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 />DocuSign Envelope ID: CC55499E-235C-4913-964B-2D4FBDF0D5A1