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<br /> Orange County, NC I CONSTRUCTION MANAGER AT RISK CONTRACT I CONFIDENTIAL DRAFT
<br /> 10.5 All design drawings, specifications, cost estimates, reports, schedules, and other instruments of
<br /> service developed in connection with this Project are the property of the Owner and shall be delivered to
<br /> the Owner within ten (10)days of request.The CMAR may retain one archival copy for legal purposes only.
<br /> ARTICLE 11 : INSURANCE REQUIREMENTS
<br /> At all times during performance of services under this Contract, the CMAR shall procure and maintain the
<br /> following insurance from companies authorized to do business in North Carolina with an A.M. Best rating of A-
<br /> VI or higher. All policies shall contain a waiver of subrogation in favor of the Owner and shall designate the
<br /> Owner as an additional insured (except Professional Liability and Worker's Compensation). All policies shall be
<br /> primary and non-contributing with any Owner insurance. The CMAR shall provide thirty (30) days advance
<br /> written notice of cancellation or material change.
<br /> 11.1 Commercial General Liability: $2,000,000 per occurrence/$4,000,000 aggregate, on ISO CG 00 01
<br /> form or equivalent, including products and completed operations, bodily injury, property damage, and
<br /> personal and advertising injury. Products-completed operations coverage shall be maintained for a
<br /> minimum of six (6)years following Final Completion.
<br /> 11.2 Commercial Automobile Liability: $2,000,000 per occurrence for any auto.
<br /> 11.3 Workers' Compensation and Employer's Liability: Workers' Compensation as required by law;
<br /> Employer's Liability of$1,000,000 per accident.
<br /> 11.4 Professional Liability (Phase 1): $5,000,000 per occurrence and $5,000,000 aggregate, with an
<br /> extended reporting period of six (6)years.
<br /> 11.5 Builder's Risk (Phase 2): All-risk/Special Perils form in the amount of the completed project value,
<br /> covering interests of the Owner, CMAR, Subcontractors, and sub-subcontractors. Coverage shall include
<br /> fire, extended coverage, vandalism, malicious mischief, and collapse.
<br /> 11.6 Pollution Legal Liability: $5,000,000 per occurrence and aggregate.
<br /> 11.7 Umbrella/Excess Liability: $25,000,000 per occurrence and aggregate, following form of underlying
<br /> policies.
<br /> 11.8 The CMAR shall require each Subcontractor to maintain Commercial General Liability of at least
<br /> $1,000,000 per occurrence / $2,000,000 aggregate, Commercial Auto of $1,000,000, and Workers'
<br /> Compensation as required by law, or shall cover Subcontractors under the CMAR's own policies.
<br /> 11.9 All deductibles under required policies are the responsibility of the CMAR. The Owner's requirement
<br /> of insurance does not represent that coverage and limits are adequate to protect the CMAR or constitute a
<br /> limitation on the CMAR's liability.
<br /> 11.10 If the contractor maintains broader coverage and/or higher limits than the minimums shown above,
<br /> the Owner requires and shall be entitled to the broader coverage and/or the higher limits maintained by the
<br /> contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and
<br /> coverage shall be available to the Owner.
<br /> 11.11 Builder's Risk(Course of Construction) Insurance Contractor may submit evidence of Builder's Risk
<br /> insurance in the form of Course of Construction coverage. Such coverage shall name the Owner as a loss
<br /> payee as their interest may appear. If the project does not involve new or major reconstruction, at the option
<br /> of the Owner, an Installation Floater may be acceptable. For such projects, a Property Installation Floater
<br /> shall be obtained that provides for the improvement, remodel, modification, alteration, conversion or
<br /> adjustment to existing buildings, structures, processes, machinery and equipment. The Property
<br /> Installation Floater shall provide property damage coverage for any building, structure, machinery, or
<br /> equipment damaged, impaired, broken, or destroyed during the performance of the Work, including during
<br /> transit, installation, and testing at the Entity's site.
<br /> 11.12 Verification of Coverage: Contractor shall furnish the Owner with original certificates and amendatory
<br /> endorsements or copies of the applicable policy language effecting coverage required by this clause and a
<br /> copy of the Declarations and Endorsements Pages of the CGL and any Excess policies listing all policy
<br /> endorsements. All certificates and endorsements and copies of the Declarations & Endorsements pages
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