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

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This Agreement and all other agreements or instruments Telesis Construction Management, LLC expressly referenced herein represents the entire and Attn: George A. Horton, III, MemberlManager integrated agreement between the Owner and the CM and 1000 Corporate Drive, Suite 109 supersedes all prior negotiations, representations or Hillsborough, North Carolina 27278 agreements, either written or oral. This Agreement may be modified or amended only by written directives, change orders and other instruments signed by the Owner and the CM as expressly set forth in the Agreement. Nothing contained in this Agreement is intended to benefit any third party. The Contractors and Designer are not intended third party beneficiaries of this Agreement. with a copy to: William D. Bernard Brown & Bunch, PLLC 101 N. Columbia Street Chapel Hill, NC 27514 11.6 Severability If any provision of this Agreement is held as a matter of law to be unenforceable, the remainder of this Agreement shall be enforceable without such provision. 11.7 Meaning of Terms References made in the singular shall include the plural and the masculine shall include the feminine or neuter. To the greatest extent possible, the meaning of terms used herein shall be consistent with the definitions expressed in the Contract Documents, Designer agreement, and the Contractor contracts. 11.9 Bonds In accordance with N.C. Gen. Stat. §143-128.1, the CM shall provide a performance bond with a penal sum equal to 100% of the Guaranteed Maximum Price to guarantee the faithful pertormance of the Work, in such form as may be required by law and approved by the Owner. In accordance with N.C. Gen. Stat. §143-128.1, the CM shall provide a payment bond with a penal sum equal to 100% of the Guaranteed Maximum Price to guarantee the payment of all labor and material costs or claims in connection with compliance with the Contract, in such form as may be required bylaw and approved by the Owner. 11.8 Notices Whenever any provision of the Contract Documents requires the giving of written notice, it shall be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended or if delivered or sent by registered or certified mail, postage prepaid, addressed as follows: To the Owner: Orange County, North Carolina Attn: Pam Jones, Director of Purchasing and Central Services Post Office Box 8181 These bonds shall be dated the same date as the Agreement and must be accompanied by a current copy of the power of attorney for the attorney-in-fact executing such bond on behalf of a surety company licensed to do business in the state of North Carolina and reasonably acceptable to the Owner. In its Guaranteed Maximum Price, the CM shall include a program and costs for bonds or other security against default by Contractors as the CM deems appropriate to protect the CM and the Owner against such defaults. Hillsborough, North Carolina 27278 with a copy to: Geoffrey E. Gledhill Coleman. Gledhill. Hargrave & Peek. P.C 129 E. Tryon Street P. O. Drawer 1529 Hillsborough. NC 27278 To the CM: 11.10 Ownership of Documents The CM shall be entitled to maintain possession of a reasonable number of sets of Contract Documents and record documents during and after the completion of the Project for its records. af+er n r.l c4ii.n ..f 4hc Dri.icn4 4hc ! RA chnll rlcc4ri.., n rc4„rn 4n 4hc fl,n nor nll i.4h cr n i.f c ,nh rl i.n„m cn4c n The CM shall not reproduce or distribute such documents to any third person or for any purpose other than bidding, permitting and construction of the Project, or enforcing its rights under this Agreement. The CM 28