Orange County NC Website
I <br /> 3 <br /> ii <br /> i <br /> 46 . 1 . 3 . Failure of the CMAR or Subcontractor(s) to make payments properly to Subcontractors <br /> or sub-subcontractors or for labor, materials or equipment; <br /> 46 . 1 .4 . Reasonable evidence that the Work cannot be completed for the unpaid balance of the <br /> GMP ; <br /> I <br /> 46 . 1 . 5 . Damage to the Owner or another Subcontractor; <br /> i <br /> 46 . 1 . 6 . Reasonable evidence that the Work will not be completed within the contract time, and <br /> that the unpaid balance would not be adequate to cover actual or liquidated damages for <br /> the anticipated delay ; <br /> 46 . 1 . 7 . Failure to carry out the Work in accordance with the Contract Documents ; <br /> 46 . 1 . 8 . Failure to provide sales tax documentation as required by the Owner; <br /> 46 . 1 . 9 . Failure or refusal of the CMAR or Subcontractors to submit the required information on <br /> minority business enterprises ; <br /> 46 . 1 . 10 . Any other reason deemed necessary by the Project Designer to protect the Owner unless <br /> arbitrary and unreasonable ; or <br /> i <br /> 46 . 1 . 11 . Subsequently discovered evidence that Work previously approved was not performed in <br /> accordance with the Contract Documents , <br /> 46 . 2 . When the above reasons for withholding certification are removed, certification will be made for <br /> amounts previously withheld . <br /> 46 . 3 . The Owner' s Representative may withhold a certificate for payment in whole or in part, to the <br /> extent reasonably necessary to protect the Owner . <br /> 47 . INSURANCE REQUIREMENTS <br /> 47 . 1 . CMAR shall procure and maintain for the duration of the contract the following insurance <br /> coverage from an insurance company(s) possessing a rating of A-VI or higher from the A . M . <br /> Best Company or an equivalent rating service . All of the policies required of the CMAR shall <br /> contain a waiver of subrogation provision to waive all rights of recovery under subrogation or <br /> otherwise against the Owner. CMAR shall advise the Owner of any cancellation , non-renewal, or <br /> material change in any policy within ten ( 10) days of notification of such action and provide <br /> updated certificates of insurance evidencing renewals within fifteen ( 15 ) days of expiration . All of <br /> the policies required of the CMAR shall be primary and the CMAR agrees that any insurance or <br /> self-funded liability programs maintained by the Owner shall be non-contributing with respect to <br /> the CMAR ' s insurance . <br /> Insurance coverage shall be obtained from companies that are authorized to provide such coverage <br /> and that are authorized by the Commissioner of Insurance to do business in North Carolina . <br /> CMAR, upon request, shall furnish Owner with complete copies of insurance policies required . By <br /> requiring insurance herein , the Owner does not represent that coverage and limits will necessarily <br /> be adequate to protect CMAR, and such coverage and limits shall not be deemed as a limitation on <br /> CMAR' s liability under the indemnities granted to the Owner in this Contract . Any umbrella or <br /> excess liability coverage must be at least as broad as the primary coverage and contain all <br /> coverage provisions that are required of the primary coverage . <br /> I <br /> The failure of the Owner at any time to enforce the insurance provisions , to demand such <br /> certificates of insurance, or to identify a deficiency shall not constitute a waiver of those <br /> Page 44 of 52 <br /> Revised 12/24, 4/25 <br /> i <br /> E <br /> 9 <br />