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

Browse Search

This Agreement represents the entire and integrated agreement between the Owner and the CM and supercedes all prior negotiations, representations or 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. 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. 11.8 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 Hillsborough, North Carolina 27278 To the CM: Telesis Construction Management, LLC Attn: George A. Horton, III, MemberJManager 1000 Corporate Drive, Suite 109 Hillsborough, North Carolina 27278 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 performance 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°l0 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. 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 Gontractors as the GM deems appropriate to protect the GM and the Owner against such defaults. 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. After completion of the Project, the CM shall destroy or return to the Owner all other copies of such documents as requested by the Owner. The GM shall not reproduce or distribute such documents to any third person or for any purpose other than bidding, permitting and construction of the Project. The GM shall have no copyright or other rights in the documents, or other rights to use the documents. ARTICLE 12 SPECIAL GUARANTEED MAXIMUM PRICE PROVISIONS 12.1 Guaranteed Maximum Price Pursuant to this Agreement and for the Project defined in Article 2, the Owner and the CM have seta Guaranteed Maximum Price for the Project of an amount not to exceed 12.1.1. Documentation The Guaranteed Maximum Price documentation shall be prepared by the CM and submitted to the Owner with the Guaranteed Maximum Price Proposal. The documentation 27