Caroline County, Virginia Request for Proposals Project 25 Radio ...

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Caroline County, VARFP for Radio Communications SystemIndependent Contractors – Owner’sProtective Bodily Injury Liability andProperty Damage Liability CombinedCompleted Operations - Products LiabilityBodily Injury Liability and PropertyDamage Liability Combined for five (5)years after paymentContractual Bodily Injury Liability andProperty Damage Liability Combined inaccordance with Agreement between Ownerand ContractorPersonal Injury with Employee’s ExclusionC deletedAutomobile Bodily Injury Liability andProperty Damage Liability Combinedcovering all automobiles, trucks, tractors,trailers, or other automobile equipment,whether owned, non-owned, or hired by theContractorUmbrella/Excess LiabilityProfessional Liability Insurance$500,000 Each Occurrence$1,000,000 Aggregate$500,000 Each Occurrence$1,000,000 Aggregate$500,000 Each Occurrence$1,000,000 Aggregate$1,000,000 Aggregate$500,000 Per Accident$1,000,000 Each Occurrence$1,000,000 Aggregate$1,000,000 Limit of LiabilityAPPENDIX HCaroline County, Virginia1. The Contractor shall purchase and maintain insurance coverage on his tools,equipment and machinery and shall waive subrogation to the County for damagethereto.2. The County reserves the right to require insurance of any Contractor in greateramounts provided notice of such requirements is stated in the Solicitation.17. No WaiverAny failure of the County to demand rigid adherence to one or more of the terms andprovisions of the Agreement, including these General Terms and Conditions, on one or moreoccasions, shall not be construed as a waiver nor deprive the County of the right to insist uponstrict compliance with the terms of this Agreement. Any waiver of a term of this Agreement, inwhole or in part, must be in writing and signed by the party granting the waiver to be effective.18. TerminationMay 27, 2011 Page 131 of 134
Caroline County, VARFP for Radio Communications SystemAPPENDIX HCaroline County, VirginiaThe County may terminate the Agreement for its convenience at any time upon writtennotice to the Contractor. the Contractor shall not be paid for any service rendered or expenseincurred after receipt of such notice except such fees and expenses incurred prior to the effectivedate of termination that are necessary for curtailment of the Contractor’ Services under thisAgreement.19. Choice of LawTo ensure uniformity of the enforcement of this Agreement, and irrespective of the factthat either of the parties now is, or may become, a resident of a different state, this Agreement ismade and is intended to be performed in the Commonwealth of Virginia, and shall be governedby and construed in accordance with the laws of that state without regard to principles ofconflicts of law.20. SeverabilityIf any provision of the Agreement, including this Appendix, is held to be illegal, invalid,or unenforceable, or is found to be against public policy for any reasons, such provision shall befully severable and the Agreement shall be construed and enforced as if such illegal, invalid, orunenforceable provision had never been part of the Agreement, and the remaining provisions ofthe Agreement shall remain in full force and effect and shall not be affected by the illegal,invalid, or unenforceable provision, or by its severance from the Agreement.21. Contractual Claims ProcedureA. Contractual claims or disputes by the Contractor, whether for money or otherrelief, except for claims or disputes exempted by law from the procedure set forthherein, shall be submitted in writing no later than sixty (60) days after finalpayment; provided, however, that the Contractor shall give the County writtennotice of its intention to file a claim or dispute within fifteen (15) days after theoccurrence upon which the claim or dispute shall be based. Any written notice ofthe Contractor’ intention to file such a claim or dispute need not detail the amountof the claim, but shall state the facts and/or issues relating to the claim insufficient detail to identify the claim, together with its character and scope.Whether or not the Contractor files such written notice, the Contractor shallproceed with the Services as directed. If the Contractor fails to make its claim ordispute, or fails to give notice of its intention to do so as provided herein, thensuch claim or dispute shall be deemed forfeited.B. The County, upon receipt of a detailed claim, may at any time render its decisionand shall render such decision within one hundred twenty (120) days of finalpayment. Each such decision rendered shall be forwarded to the Contractor bywritten notice.C. If the Contractor disagrees with the decision of the County concerning anypending claim, the Contractor shall promptly notify the County by written noticeMay 27, 2011 Page 132 of 134
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Caroline County, Virginia Request for Proposals Project 25 Radio ...

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