Orange County NC Website
Browse       Search
deliver to the Owner all Project as -built records, operating <br />manuals, warranties and other Project information generated to <br />date; <br />deliver to the Owner copies of ail shop drawings and other <br />submittals received to date; <br />convey to the Owner or its designees title to all materials, <br />supplies, partially or wholly fabricated parts and components, <br />and any other property acquired by the CMAR for the Project; <br />and <br />provide the Owner with copies of all pending claims under the <br />CMAR builder's risk policy. <br />9.4 Suspension <br />The Owner may order, in writing, the CMAR to suspend all or <br />any part of the CMAR's services for the Project for the <br />convenience of the Owner or for work stoppage beyond the <br />control of the Owner or the CMAR. If the performance of all or <br />any part of the services for the Project is suspended, an <br />equitable adjustment in the Guaranteed Maximum Price shall <br />be made and this Agreement shall be modified In writing <br />accordingly. <br />9.4.1 General Conditions <br />In the event the CMAR's services on the Project are <br />suspended, the Owner shall reimburse the CMAR for all of the <br />General Conditions allowed for by this Agreement for the first <br />thirty (30) days of such suspension. The CMAR shall reduce <br />the size of staff for the remainder of the suspension period as <br />directed by the Owner and during such period, the Owner shall <br />reimburse the CMAR for ail costs of reduced General <br />Conditions. Upon cessation of the suspension, the CMAR shall <br />restore the construction site and home office staff to its former <br />size. <br />9.4.2 Reassignment of Personnel <br />Persons assigned to another project during such suspension or <br />period and not available to return to this Project upon cessation <br />of the suspension shall be replaced.. The Owner shall <br />reimburse the CMAR for reasonable costs incurred In <br />relocating staff persons returning to the Project or new persons <br />assigned to the Project. <br />9.4.3 Protracted Suspension <br />If the Project is suspended by the Owner for more than one <br />hundred twenty (120) consecutive days, the CMAR shall have <br />29 <br />the option of requiring that the Guaranteed Maximum Price be <br />renegotiated. Subject to the provisions of this Agreement <br />relating to termination, a delay or suspension of the Project <br />does not void this Agreement. <br />9.4.4 Additional Compensation to Contractors <br />The CMAR shall include provisions in its contracts with <br />Contractors substantially the same as this Paragraph 9.4, <br />allowing for suspension of the Project by the Owner, and <br />providing that suspension shall not be grounds for termination <br />of the contracts except on the terms set forth in this Agreement. <br />If the Owner suspends the Project for reasons other than <br />default by the CMAR or any of its Contractors, the Guaranteed <br />Maximum Price will be adjusted by an amount sufficient to <br />reimburse the reasonable and provable expenses Incurred by <br />the Contractors as a result of the suspension. In no event will <br />the Guaranteed Maximum Price be increased or any expenses <br />be paid to the CMAR or its Contractors for delays caused by <br />the CMAR or any Contractor, even if there is a concurrent <br />delay or suspension by the Owner, it being understood that the <br />CMAR bears the risk of delays caused by its Contractors. <br />ARTICLE 10 <br />DISPUTE RESOLUTION <br />The laws of the State of North Carolina shall apply to the <br />interpretation and enforcement of this Agreement. Any and all <br />suits or actions to enforce, interpret, or seek damages with <br />respect to any provision of, or the performance or <br />nonperformance of, this Agreement shall be brought in the <br />General Court of Justice of North Carolina sifting in Orange <br />County, North Carolina, and it is agreed by the parties that no <br />other court shall have jurisdiction or venue with respect to such <br />suits or actions. Appendix A to this Agreement shall be a part <br />of the Contract Documents. Prior to initiating an action under <br />this Paragraph, any party to this Agreement shall initiate the <br />mediation process as provided in Appendix A to this <br />Agreement. Any person or firm that expressly or Impliedly <br />agrees to perform labor or services or to provide material, <br />supplies, equipment, work, performance or payment bonds, <br />Insurance or indemnification for the construction of the Project <br />or the Work shall be deemed a party to this Agreement solely <br />for the purpose of this Article 10. The CMAR, by means of its <br />contracts, shall specifically require its Contractors to be bound <br />by this Article. <br />