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Agenda - 02-19-2008-4j1
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Agenda - 02-19-2008-4j1
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9/2/2008 8:47:06 AM
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8/28/2008 9:43:09 AM
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BOCC
Date
2/19/2008
Document Type
Agenda
Agenda Item
4j1
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Minutes - 20080219
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\Board of County Commissioners\Minutes - Approved\2000's\2008
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would reasonably be made by a contractor having knowledge and experience with similar <br />work; however, the Contractor shall not be entitled to infer from CMAR-supplied information <br />any fact or condition which would not be inferred by a contractor having knowledge and <br />experience with similar work and, if the CMAR-supplied information is inadequate or <br />insufficient in any respect, the Contractor shall be required to obtain independently such <br />other information as a knowledgeable and experienced contractor would prudently obtain in <br />order to evaluate any such condition. <br />3.3 The Contractor specifically acknowledges familiarity with all Federal, State, and local laws, <br />ordinances, rules, and regulations which may in any manner affect those engaged or <br />employed in the Work, or the materials or equipment in or about the Work, or in any way <br />affect the conduct of the Work and agrees that the Contractor. and the Contractor's <br />employees, Subcontractors, and suppliers will, at all times, comply with same. If the <br />Contractor shall discover any provisions in the Contract Documents which are contrary to <br />or inconsistent with any such law, ordinance, rule, or regulation, the Contractor shall <br />immediately give notice thereof to the CMAR in writing, identifying any items of Work <br />affected, and the Contractor shall not proceed until the Contractor has received written <br />direction from the CMAR with respect to these items. If the Contractor performs contrary to <br />or inconsistently with any such law, ordinance, rule, or regulation without giving such <br />notice, the Contractor shall bear all costs which are a consequence of such performance. <br />3.4 At times selected by the CMAR after execution by the Contractor of the Construction <br />Agreement, a pre-construction conference shall be scheduled and conducted for the <br />benefit of the Project. <br />ARTICLE 4. BONDS <br />4.1 A performance bond in the full amount of the Contract Price, and subject to changes in the <br />Contract Price, may be required of the Contractor to guarantee the faithful performance of <br />the Work in compliance with the Contract Documents, in such form as may be required by <br />law and by the Owner. If required, the bond shall be dated the same date as the <br />Construction Agreement and must be accompanied by a current copy of the power of <br />attorney for the attorney-in-fact executing such bond on behalf of a surety company <br />licensed to do business in the state of North Carolina. <br />4.2 A payment bond in the full amount of the Contract Price, and subject to changes in the <br />Contract Price, may be required of the Contractor to guarantee the payment of all labor and <br />material costs or claims in connection with compliance with the Contract. If required, the <br />payment bond shall be in such form as may be required by, law and by the Owner. Said <br />bond shall be dated and executed in the same manner as the performance bond in <br />paragraph 4.1. <br />ARTICLE 5. INSURANCE AND INDEMNITY <br />5.1 CONTRACTOR PROVIDED INSURANCE <br />The Contractor shall, without limiting its obligations or liabilities, procure, pay for and <br />maintain such insurance as is required by law and as is required by the Agreement to <br />protect the Contractor, the CMAR, the Owner, the Designer and any lender of the Owner <br />when the loan to the Owner is secured by the property on which the Project is located from <br />claims for damages for bodily injury, including death, and from claims for property damage <br />which may arise from the Contractor's or its representatives', consultants', Subcontractors', <br />agents', or employees' operations under this Agreement. Such insurance shall be of the <br />kinds and have limits of liability and coverages not less than the minimum limits hereinafter <br />specified or required by law, whichever is greater. The CMAR makes no representation as <br />to the adequacy or sufficiency of such coverages. The following requirements shall in no <br />GENERAL CONDITIONS FOR CM AT RISK PROJECT 8 of 42 JUNE 2007 EDITION
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