Orange County NC Website
3.10.15.5 In the event the Owner implements an Owner <br />Controlled Insurance Program ("OCIP"), the CM agrees to <br />cooperate and coordinate with any safety plan or risk <br />management plan implemented in connection with the OCIP. <br />3.10.15.6 The CM shall cause to be implemented the Project <br />Safety Program for the protection of all persons on the job, <br />including the requirements of the A.G.C. Accident Prevention <br />Manual in Construction, as amended, and shall fully comply <br />with all state laws or regulations and North Carolina State <br />Building Code requirements to prevent accident or injury to <br />persons on or about the location of the Work. The CM shall <br />clearly mark or post signs warning of hazards existing, and <br />shall barricade excavations, elevator shafts, stairwells, floor <br />and wall openings and similar hazards. The CM shall protect <br />against damage or injury resulting from falling materials and <br />shall maintain all protective devices and signs throughout the <br />progress of the Work. <br />3.10.15.7 The CM shall, at a minimum, adhere to the rules, <br />regulations and interpretations of the North Carolina <br />Department of Labor relating to Occupational Safety and <br />Health Standards for the Construction Industry. <br />3.10.15.8 As part of the Project Safety Program the CM agrees <br />to implement a Public Hazard Control Pfan conforming to the <br />standards set forth in ANSI A10.34-2005R. The Public Hazard <br />Control Plan shall be submitted to the Owner for review and <br />approval before construction begins on the Project. <br />3.10.15.9 The CM's Project Representative shall also be <br />responsible for accident prevention on the Project. The name <br />of the onsite safety inspector shall be made known to the <br />Project Designer and Owner at the time the Work is started. <br />The CM will provide the Owner with the name of each <br />Contractor's onsite safety officer. <br />3.10.15.10 In the event of emergency affecting the safety of <br />life, the protection of Work, or the safety of adjoining properties, <br />the CM is hereby authorized to act at its own discretion, without <br />further authorization from anyone, to prevent such threatened <br />injury or damage. Any compensation claimed by the CM on <br />account of such action shall be determined as provided for <br />under Article 7 herein. <br />3.10.15.11 If reasonable precautions are inadequate to prevent <br />foreseeable bodily injury or death to persons resulting from a <br />material or substance encountered but not created on the site <br />by the CM or its Contractors, the CM shall, upon recognizing <br />the condition, immediately stop Work in the affected area and <br />report the condition to the Owner and to the Project Designer in <br />writing. The Owner or the Project property owner if different <br />from the Owner shall take responsibility for remediation of the <br />material or substance from the site. If the CM claim's its <br />progress in completing the Project is delayed because of the <br />remediation response to the site, the CM shall file notice and a <br />claim in accordance with this Agreement. <br />3.10.15.12 Any land-disturbing activity performed by the CM in <br />connection with the Project shall comply with all erosion control <br />measures set forth in the Contract Documents and any <br />additional measures which may be required in order to ensure <br />that the Project is in full compliance with the Sedimentation <br />Pollution Control Act of 1973, as implemented by Title 15, <br />North Carolina Administrative Code, Chapter 4, Sedimentation <br />Control, Subchapters 4A, 4B and 4C, as amended (15 <br />N.G.A.C. 4A, 4B and 4G). <br />3.11 Post Construction Phase <br />The CM shall provide the following ongoing services in <br />connection with Final Completion of the Work by the <br />Contractors: <br />3.11.1 Record Documents <br />The CM shall coordinate and expedite submittals of information <br />from the Contractors for preparation of record Drawings and <br />Specifications, and shall coordinate and expedite the <br />transmittal of such record documents to the Owner. <br />3.11.2 Organize and Index Operations and Maintenance <br />Materials <br />Prior to final completion of the Project the CM shall compile <br />manufacturers' operations and maintenance manuals, <br />warranties and guarantees and bind such documents in an <br />organized manner. This information shall then be provided to <br />the Owner. <br />3.11.3 Occupancy Permit <br />The CM shall assist the Owner and Designer in obtaining an <br />occupancy permit by accompanying governmental officials <br />during inspections of the Project, preparing and submitting <br />documentation to governmental agencies and coordinating final <br />testing and other activities. <br />14 <br />