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2008-101 S Purchasing - Construction Manager at Risk Services for Hillsborough Commons
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2008-101 S Purchasing - Construction Manager at Risk Services for Hillsborough Commons
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Last modified
6/4/2015 3:27:59 PM
Creation date
9/11/2009 12:30:27 PM
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BOCC
Date
11/6/2008
Meeting Type
Regular Meeting
Document Type
Contract
Agenda Item
4p
Document Relationships
2009-003 Purchasing - Resolute Building Company - Third Amendment to Agreement for Construction Manager at Risk Services
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\Board of County Commissioners\Contracts and Agreements\General Contracts and Agreements\2000's\2009
Agenda -11-06-2008 - 4p
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\Board of County Commissioners\BOCC Agendas\2000's\2008\Agenda - 11-06-2008
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ARTICLE 1 <br />RELATIONSHIP OF THE PARTIES <br />1.1 Owner and Construction Manager at Risk <br />The CMAR and the Owner shall perform as stated in this <br />Agreement and each accepts the relationship between them <br />that is established by this Agreement. <br />The CMAR covenants with the Owner to furnish professional <br />construction management services during the Project. In broad <br />terms, under this Agreement, the CMAR will perform <br />construction services, including efficient value engineering <br />reviews and project management, business administration and <br />field supervision, and shall use its best efforts to see to it that <br />the Work of the Project is done in the best and most <br />expeditious; economical manner consistent with the interests of <br />the Owner, and in strict conformity with the Contract <br />Documents, including all reasonable implications therein, and <br />to furnish its skill and judgment with due care in accordance <br />with applicable federal, state, and local laws and regulations <br />that are in effect on the date of this Agreement first written <br />above. <br />1.2 Owner and Desiqner <br />The Owner shall contract separately with the Designer to <br />provide architectural and engineering design for the Project. <br />The Project is defined in Article 2 of this Agreement. In this <br />Agreement the term "Drawings and Specifications" shall refer to <br />the drawings and specifications prepared by the Designer in <br />accordance with its agreement with the Owner. <br />1.3 CMAR and Contractors <br />The CMAR shall enter into contracts for labor, materials and <br />services in accordance with N.C. Gen. Stat. § 143 -128.1 and <br />other sections of Chapter 143 Article 8 of the North Carolina <br />General Statutes relating to construction management at risk <br />contracts. In this Agreement the term "Contractor" or <br />"Contractors" shall refer to all persons with such contracts with <br />the CMAR. <br />4 <br />1.4 Relationship of the CMAR to the Designer <br />In providing construction management services described in <br />this Agreement, the CMAR shall maintain a working <br />relationship with the Designer. The Designer is solely <br />responsible for the Project design and shall perform in <br />accordance with the Designer agreement with the Owner and <br />nothing in this Agreement shall be construed to mean that the <br />CMAR is responsible for the design of the Project or that the <br />CMAR assumes any of the contractual or customary duties of <br />the Designer or any other persons or parties not specified by <br />this Agreement. The CMAR and the Designer shall each be <br />provided with a copy of the other's contract with the Owner. <br />ARTICLE 2 <br />PROJECT DEFINITION <br />The term "Project" when used in the Agreement shall mean the <br />total construction of which the Work may be a whole or part of <br />the Project. The term "Work" required for the "Project' used in <br />this Agreement shall mean the various parts of total <br />construction to be performed under this Agreement. <br />The Project name and location is the Hillsborough Commons, <br />Hillsborough, North Carolina. The Project is intended for use as <br />a County facility for Social Services Delivery, as 'more fully <br />described in this Agreement and all site plan and related <br />documents submitted to The Town of Hillsborough as part of <br />the Site Plan approval of the Project and as those documents <br />are or will be modified to conform to Project approvals obtained <br />by the Owner. <br />The Project shall be fully described in the Contract Documents, <br />which are hereby defined to include: This Agreement, the <br />Orange County, North Carolina General Conditions of the <br />Contract for Construction — Construction Manager at Risk, June <br />2007 Edition, plus the Drawings and Specifications prepared by <br />the Designer, plus allowable Modifications to the Contract <br />Documents. <br />ARTICLE 3 <br />CONSTRUCTION MANAGER-AT RISK'S SERVICES <br />3.1 CMAR Services <br />The CMAR shall perform the Services described herein. The <br />sequence in which they are provided shall be as set forth in the <br />approved Construction Management Plan. <br />
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