Agenda - 06-26-2007-4dd - Laserfiche WebLink

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supervision, and shall use its best efforts to see to it that the Work of the Project is done in the best and most expeditious, economical manner consistent with the interests of the Owner, and in strict conformity with the Contract Documents, including all reasonable implications therein, 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. 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 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 GM 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 6e provided with a copy of the other's contract with the Owner. ARTICLE 2 PROJECT DEFINITION 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 performed under this Agreement. 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 CM, dated November 2, 2006, the Orange County Office and Library Complex project report last updated June 15, 2046 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 Modifcations tothe Contract Documents. ARTICLE 3 CONSTRUCTION MANAGER'S SERVICES 3.1 CM Services The CM shall perform the Services described herein. The sequence in which they are provided shall be as set forth in the approved Construction Management Plan. 3.2 GM Personnel The services to be provided by the GM under this Agreement shall be performed by personnel identified by the CM, and approved by the Owner, before commencing services. The furnishing of services by such personnel throughout the duration of the Project, and any individuals approved by the Owner to replace them, is of the essence to this Agreement. 3.2.1 Additions, Removals, Replacements 4