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

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ARTICLE 1 RELATIONSHIP OF THE PARTIES 1.1 Owner and construction Manager The GM and the Owner shall pertorm as stated in this Agreement and each accepts the relationship between them that is established by this Agreement. Designer agreement with the Owner and nothing in this Agreement shall be construed to mean that the CM is responsible for the design of the Project or that the CM assumes any of the contractual or customary duties of the Designer or any other persons or parties not specified by this Agreement. The CM and the Designer shall each be provided with a copy of the other's contract with the Owner. ARTICLE 2 PROJECT DEFINITION The CM covenants with the Owner to furnish professional construction management services during the Project. In broad terms, under this Agreement, the GM will pertorm construction services, including efF+srea~value engineering reviews and project management, t3usiaoss~^,~^~,+~~~~~,^ end field supervision, and shall use its best efforts to see to it that the Work of the Project is done ~^ +~= hec4 ~^,, .,,,.mot e ^e~;+,,.,,~ eseneaaisaa-in a manner consistent with the interests of the The term "Project" when used in the Agreement shall mean the total construction of which the Work may be a whole or part of the Project. The term "Work" required for the "Project" used in this Agreement shall mean the various parts of total construction to be pertormed under this Agreement. Owner, and in c4ri~4 ^onformity with the Contract Documents, and to furnish its skill and judgment with due care in accordance with applicable federal, state, and local laws and regulations that are in effect on the date of this Agreement first written above. 1.2 Owner and Designer The Owner shall contract separately with the Designer to provide architectural and engineering design for the Project. The Project is defined in Article 2 of this Agreement. In this Agreement the term "Drawings and Specifications" shall refer to the drawings and specifications prepared by the Designer in accordance with its agreement with the Owner. 1.3 CM and Contractors The CM shall enter into contracts for labor, materials and services in accordance with N.C. Gen. Stat. § 143-128.1 and other sections of Chapter 143 Article 8 of the North Carolina General Statutes relating to construction management at risk contracts. In this Agreement the term "contractor" or "Contractors' shall refer to all persons with such contracts with the CM. The Project name and location is the Orange County two story Public Library and three story Office Building located on Margaret Lane in Hillsborough, North Carolina. The Project is intended for use as a public library and a County office building as described in the Agreement of Intent between the Owner and the GM, dated November 2, 2006 (the "Agreement of Intent" ,the Orange County Office and Library Complex project report last updated June 15, 2006 and all site plan and related documents submitted to the Town of Hillsborough a part of the Town of Hillsborough approval of the Project and as those documents are or will be modified to conform to Project approvals obtained by the Town of Hillsborough. The Project shall be fully described in the Contract Documents, which are hereby defined to include: This Agreement, plus the Drawings and Specifications prepared by the Designer, plus allowable Modifications, Addenda, Change Orders, Field Directives, Approved Submittals and Product Data incorporated intotathe Contract Documents. ARTICLE 3 CONSTRUCTION MANAGER'S SERVICES 1.4 Relationship of the CM to the Designer In providing construction management services described in this Agreement, the CM shall maintain a working relationship with the Designer. The Designer is solely responsible for the Project design and shall perform in accordance with the 3.1 CM Services The CM shall perform the Services described herein. The sequence in which they are provided shall 6e generally as set 4