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ARTICLE 1 <br />RELATIONSHIP OF THE PARTIES <br />1.1 Owner and Construction Manager <br />The CM and the Owner shall pertorm as stated in this <br />Agreement and each accepts the relationship between them <br />that is established by this Agreement. <br />The CM covenants with the Owner to furnish professional <br />construction management services during the Project. In broad <br />terms, under this Agreement, the CM will pertorm construction <br />services, including value engineering reviews and project <br />management, and field supervision, and shall use its best <br />efforts to see to it that the Work of the Project is done in a <br />manner consistent with the interests of the Owner, and in <br />conformity with the Contract Documents, and to furnish its skill <br />and judgment with due care in accordance with applicable <br />federal, state, and local laws and regulations that are in effect <br />on the date of this Agreement first written above. <br />1.2 Owner and Desianer <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 CM and Contractors <br />The CM 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 CM. <br />1.4 Relationship of the CM to the Desianer <br />In providing construction management services described in <br />this Agreement, the GM shall maintain a working relationship <br />with the Designer. The Designer is solely responsible for the <br />Project design and shall pertorm in accordance with the <br />Designer agreement with the Owner and nothing in this <br />Agreement shall be construed to mean that the CM is <br />responsible for the design of the Project or that the CM <br />assumes any of the contractual or customary duties of the <br />Designer or any other persons or parties not specified by this <br />Agreement. The CM and the Designer shall each be provided <br />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 pertormed under this Agreement. <br />The Project name and location is the Orange County two story <br />Public Library and three story Office Building located on <br />Margaret Lane in Hillsborough, North Carolina. The Project is <br />intended for use as a public library and a County office building <br />as described in the Agreement of Intent between the Owner <br />and the GM, dated November 2, 2046 (the "Agreement of <br />Intent"), the Orange County Office and Library Complex project <br />report last updated June 15, 2006 and all site plan and related <br />documents submitted to the Town of Hillsborough a part of the <br />Town of Hillsborough approval of the Project and as those <br />documents are or will fie modified to conform to Project <br />approvals obtained by the Town of Hillsborough. <br />The Project shall be fully described in the Contract Documents, <br />which are hereby defined to include: This Agreement, plus the <br />Drawings and Specifications prepared by the Designer, plus <br />allowable Modifications, Addenda, Change Orders, Field <br />Directives, Approved Submittals and Product Data incorporated <br />into the Contract Documents. <br />ARTICLE 3 <br />CONSTRUCTION MANAGER'S SERVICES <br />3.1 CM Services <br />The CM shall perform the Services described herein. The <br />sequence in which they are provided shall be generally as set <br />forth in the approved Master Schedule. <br />3.2 CM Personnel <br />The services to be provided by the CM under this Agreement <br />shall be pertormed by personnel identified by the CM, and <br />approved by the Owner, before commencing services. The <br />4 <br />