Agenda - 01-15-2008-4y4 - Laserfiche WebLink

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injury or damage. Any compensation claimed by the CM on account of such action shall be determined as provided for under Article 7 herein. 3.10.15.11 If reasonable precautions are inadequate to prevent foreseeable bodily injury or death to persons resulting from a material or substance encountered but not created on the site by the GM or its Contractors, the CM shall, upon recognizing the condition, immediately stop Work in the affected area and report the condition to the Owner and to the Project Designer in writing. The Owner or the Project property owner if different from the Owner shall take responsibility for remediation of the material or substance from the site. If the CM claim's its progress in completing the Project is delayed because of the remediation response to the site, the CM shall file notice and a claim in accordance with this Agreement. 3.10.15.12 Any land-disturbing activity performed by the CM in connection with the Project shall comply with all erosion control measures set forth in the Contract Documents and any additional measures which may be required in order to ensure that the Project is in full compliance with the Sedimentation Pollution Control Act of 1973, as implemented by Title 15, North Carolina Administrative Code, Chapter 4, Sedimentation Control, Subchapters 4A, 4B and 4C, as amended (15 N.C.A.C. 4A, 4B and 4C). 3.11 Post Construction Phase The GM shall provide the following ongoing services in connection with Final Completion of the Work by the Contractors: 3.11.1 Record Documents The CM shall coordinate and expedite submittals of information from the Contractors for preparation of record Drawings and Specifcations, and shall coordinate and expedite the transmittal of such record documents tothe Owner. 3.11.2 Organize and Index Operations and Maintenance Materials Prior to final completion of the Project the GM shall compile manufacturers' operations and maintenance manuals, warranties and guarantees and bind such documents in an organized manner. This information shall then be provided to the Owner. 3.11.3 Occupancy Permit The CM shall assist the Owner and Designer in obtaining an occupancy permit by accompanying governmental officials during inspections of the Project, preparing and submitting documentation to governmental agencies and coordinating final testing and other activities. 3.11.4 Occupancy/Coardination Plan fPlet~lsed }The CM shall consult with the Owner, the Designer and appropriate regulatary agencies to assist Owner in its plan to occupy the building (Occupancy PIaN, which Occupancy Plan will be completed as soon as possible prior to Substantial Completion. In the event the Occupancy Plan contemplates the Owner occupying the Proiect ar any part of the Proiect prior to Final Completion, the CM, in consultation with the Owner, the Designer and appropriate regulatory agencies shall be responsible for insuring that the Occupancy Plan meets all regulatary requirements and that it is coordinated with the Proiect Construction. 3.12 Additional Services The CM agrees to perform all tasks and functions reasonably necessary to complete the services described in the preceding paragraphs in this Article 3, unless the tasks or functions are explicitly described as Additional Services in this section 3.12. At the request of the Owner, the CM shall perform Additional Services and shall be compensated for same as provided in Article 7 of this Agreement. The CM shall perform Additional Services only after the Owner and CM have executed a written amendment to this Agreement providing for such services. The following is a list of Services that might reasonably be anticipated, with indication of whether the specified services will be considered to be Additional Services or required Services: 3.12.1 Services related to investigations , or evaluation of existing conditions, f°^~'~'~°°, °^« ^~ ~'°+°~^,~^°'~^^ of 4hc ..f ic4inn rlrn n n4L. or inf..rm n4inn are required and are not Additional Services; 3.12.2 Services related to procurement, storage, maintenance and installation of Owner-furnished equipment, materials, supplies and furnishings are Additional Services; provided, however, that coordination and scheduling of the procurement, storage, maintenance and installation of Owner-furnished equipment, materials, supplies and furnishings with the Work of the Contractors is required and is not an Additional Service; 15