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DocuSign Envelope ID:865881 C3-FBC1-4A19-8098-B2B092F29435 <br /> 25 <br /> 7.31 Any land disturbing activity performed by the Design-Builder in connection with the Project <br /> shall comply with all erosion control measures set forth in the Contract Documents and any <br /> additional measures which may be required in order to ensure that the Project is in full <br /> compliance with the Sedimentation Pollution Control Act of 1973, as implemented by Title 15 <br /> North Carolina administrative Code, Chapter 4, Sedimentation Control, Subchapters 4A, 4B and <br /> 4C, as amended (15 NCAC 4A, 4B, and 4C), and as may be revised or amended in the future <br /> and the applicable portion of the Orange County Code of Ordinances. Upon receipt of notice <br /> that a land-disturbing activity is in violation of said Act and/or ordinance, the Design-Builder shall <br /> be responsible for ensuring that all steps or actions necessary to bring the Project in compliance <br /> with said Act and/or ordinance are promptly taken. The Design-Builder shall be responsible for <br /> all penalties assessed pursuant to N.C. Gen. Stat. 113A-64 with respect to its Work, and shall <br /> indemnify and hold harmless the Owner from all costs and expenses, including attorney's fees <br /> and costs of defense arising out of or related to the enforcement of the Act against any party or <br /> person described in this Article. <br /> 7.32 Any mechanical or electrical work such as sleeves, inserts, chases, etc. located in the <br /> Work of the Design-Builder for general work shall be built in by that Design-Builder. On multiple <br /> prime projects, the mechanical and electrical Design-Builders shall set all sleeves, inserts, and <br /> other devices built into the structure in cooperation and under the supervision of the Design- <br /> Builder for general work. The responsibility for exact location of such items shall be that of the <br /> mechanical, plumbing, or electrical prime Design-Builder. <br /> 7.33 The Design-Builder shall be responsible for permanently fixed service facilities and <br /> systems in use during progress of the Work and shall strictly adhere to the following procedures: <br /> a) Prior to acceptance of the Work by the Owner, the Design-Builder shall remove and replace <br /> any part of the permanent building systems damaged through use during construction. <br /> b) Temporary filters shall be installed in each of the heating and air conditioning units, return air <br /> grilles, and other locations to prevent intrusion of dust, dirt, and debris during construction. <br /> Temporary filters shall be removed and replaced with new filters immediately prior to Substantial <br /> Completion. <br /> c) Extra effort shall be maintained to keep the building clean and under no circumstances shall <br /> air systems be operated if finishing operations are creating dust in excess of what would be <br /> considered normal if the building were occupied. <br /> d) When the permanent lighting system is used during construction, lamps shall be replaced <br /> and shall be new on the date of Substantial Completion. <br /> 7.34 Upon execution of the Agreement Design-Builder grants to Owner an irrevocable license to <br /> use any and all Service Instruments for any purpose. Should Owner alter any such licensed <br /> Service Instruments without consent of Design-Builder Owner will release Design-Builder from <br /> any claim related to such alteration. <br /> 7.35 Design-Builder shall keep and maintain on site accounting records and all other records <br /> relating to the Project. Within fifteen (15) days of Owner's written request Design-Builder shall <br /> Revised 2/17 <br />