S Purchasing - CHCCS Establishing a Lease Agreement & Agency Agreement for Elementary School # 10

Browse Search

a) The County appoints the School Boazd as its agent to carry out all phases of the construction of the Improvements. The School Boazd, as the County's agent, assumes all the County's rights, duties and responsibilities regazding such matters, except as limited in this Agreement. The School Boazd will appoint no further agent to assume such rights or carry out such duties and responsibilities without the County's prior written consent. . b) The School Boazd, with the County's approval, which approval is, by this Agreement, given with respect to the construction of the Improvements, may enter into any purchase order or contract with respect to the Contract Property in the School Boazd's name. Alternatively, the County may require that any such purchase orders or contracts be entered into by the County in its own name or be entered into by the County and the School Boazd jointly. All contracts must comply with the public procurement laws and any other State laws applicable to either the School Boazd or the County, as appropriate, with regazd to entering into such contracts. The School Board must provide that contractors provide bonds and insurance coverages that comply with the requirements of North Cazolina law. Included in this obligation is the obligation to provide for the County, and any financing entity as may be required in a financing agreement, to be co-obligees, loss payees or additional insureds. c) The School Board, as the County's agent, will be responsible for carrying out the construction of the Improvements, and the School Boazd will have all rights to supervise the construction of the Improvements. The County and its representatives and agents will have the right to enter upon the Contract Property and inspect construction work from time to time during construction and after the completion of construction, and the School Board will cause any vendor, contractor or sub- contractor to cooperate with the County and its representatives and agents during such inspections. No right of inspection or approval granted in this Section will be deemed to impose upon the County any duty or obligation whatsoever to undertake any inspection or to make any approval. No inspection made or approval given by the County will be deemed to impose upon the County any duty or obligation whatsoever to identify or correct any defects in the Improvements or to notify any person with respect thereto, and no liability will be imposed upon the County, and no warranties (either express or implied) are made by the County as to the quality or fitness of any improvement, any such inspection and approval being made solely for the County's benefit. The School Boazd shall have authority to approve and enter into any change orders for any and all contracts entered into by the School Board with respect to the construction of the Improvements so long as the change order can be paid for with funds in the project budget established by the School Board and the County and so long as any such change order is value engineered using the value engineering procedures established by the School Board and the County. d) For so long as the School Boazd is not in default of any of the provisions of this Agreement, the School Boazd will have the right to enforce in its own name or in the County's • -6-