Orange County NC Website
1.1 Owner and Construction Manager at Risk <br />The CMAR and the Owner shall perform as stated in this <br />Agreement and each accepts the relationship between them <br />that is established by this Agreement. <br />The CMAR covenants with the Owner to fumish professional <br />construction management services during the Project. In broad <br />terms, under this Agreement, the CMAR will perform <br />construction services, including efFcient value engineering <br />reviews and project management, business administration and <br />field supervision, and shall use its best efforts to see to it that <br />the Work of the Project is done in the best and most <br />expeditious, economical manner consistent with the interests of <br />the Owner, and in strict conformity with the Contract <br />Documents, including all reasonable implications therein, and <br />to furnish its skill and judgment with due care in accordance <br />with applicable federal, state, and local laws and regulations <br />that are in effect on the date of this Agreement first written <br />above. <br />1.2 Owner and Designer <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 CMAR and Contractors <br />The CMAR 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 CMAR. <br />1.4 Relationship of the CMAR to the Designer <br />In providing construction management services described in <br />this Agreement, the CMAR shall maintain a working <br />relationship with the Designer. The Designer is solely <br />responsible for the Project design and shall perform in <br />accordance with the Designer agreement with the Owner and <br />nothing in this Agreement shall be construed to mean that the <br />CMAR is responsible for the design of the Project or that the <br />CMAR assumes any of the contractual or customary duties of <br />the Designer or any other persons or parties not specified by <br />this Agreement. The CMAR and the Designer shall each be <br />provided 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 performed under this Agreement. <br />The Project name and location is the Emergency Servicesl9-1- <br />1 Center Upfit inHillsborough, North Carolina. The Project is <br />intended for use as the Orange County Emergency Services <br />Facility, as more fully described in the Agreement of Intent <br />between the Owner and the CMAR, dated <br />the <br />project report last updated and all <br />site plan and related documents submitted to <br />as part of the <br />approval of the <br />Project and as those documents are or will be modified to <br />conform to Project approvals obtained by <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 to the Contract Documents. <br />ARTICLE 3 <br />CONSTRUCTION MANAGER AT RISK'S SERVICES <br />3.1 CMAR Services <br />The CMAR shall perform the Services described herein. The <br />sequence in which they are provided shall be as set forth in the <br />approved Construction Management Plan. <br />4 <br />