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ORANGE COUNTY, NC <br />RFP No. 367-OC5430 <br />Design & Engineering Services - <br />Electric Vehicle Charging Stations <br />Grant Project <br />refuse to comply with any (name of grantee) requests which would cause (name of grantee) to be <br />in violation of the FTA terms and conditions. <br />32. Hold Harmless <br />Except as prohibited or otherwise limited by State law, the Contractor agrees to indemnify, save, <br />and hold harmless the Owner of this Contract and its officers, agents, and employees acting within <br />the scope of their official duties against any liability, including all claims, losses, costs and <br />expenses accruing or resulting to any other person, firm, or corporation furnishing or supplying <br />work, services, materials, or supplies in connection with the performance of this contract, and from <br />any and all claims and losses accruing or resulting to any person, firm, or corporation that may be <br />injured or damaged by the contractor or subcontractor in the performance of this contract and that <br />are attributable to the negligence or intentionally tortuous acts of the contractor. <br />The Contractor represents and warrants that it shall make no claim of any kind or nature against <br />the Owner or it’s agents who are involved in the delivery or processing of contractor goods to the <br />Owner. The representation and warranty in the preceding sentence shall survive the termination <br />or expiration of this contract. <br />33.Safe Operation of Motor Vehicles <br />a. Seat Belt Use. <br />Pursuant to Executive Order No. 13043, April 16, 1997, 23 U. S. C. § 402, the Contractor is <br />encouraged to adopt and promote on-the-job seat belt use policies and programs for its employees <br />and other personnel that operate company-owned, rented, or personally-operated vehicles and <br />include this provision in any third party subcontracts, leases or similar documents in connection <br />with this project. <br />b. Distracted Driving, Including Texting While Driving. <br />Consistent with Executive Order No. 13513, “Federal Leadership on Reducing Text Messaging <br />While Driving,” October 1, 2009, 23 U.S.C. Section 402 note, and DOT Order 3902.10, “Text <br />Messaging While Driving,” December 30, 2009, FTA encourages each third party contractor to <br />promote policies and initiatives for its employees and other personnel that adopt and promote <br />safety policies to decrease crashes by distracted drivers, including policies to ban text <br />messaging while driving, and to include this provision in any third party subcontract leases or <br />similar documents in connection with this project. <br />c. Safety. The Contractor is encouraged to: <br />(a)Adopt and enforce workplace safety policies to decrease crashes caused by distracted <br />drivers including policies to ban text messaging while driving— <br />Company-owned or rented vehicles; Privately-owned vehicles when on official Project <br />related business or when performing any work for or on behalf of the Project; or any <br />vehicle, on or off duty, and using an electronic device. <br />Docusign Envelope ID: C9F02BE8-AE2A-4BE1-874D-0AE2AA324629