2018-325-E AMS - Bordeaux Construction Co. Northern Campus construction

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DocuSign Envelope ID: 04E136D1 -507C- 4219- BF16- 446F8D2192F8 13. SEPARATE CONTRACTS 13.1. Without invalidating the relationships with the CMAR, the Owner reserves the right to let other contracts in connection with the Project, the Work under which shall proceed simultaneously with the execution of the CMAR's Work. Separate contracts may include materials or equipment that the Owner elects to provide itself. The Owner may also enter into separate contracts with testing firms or other technical support firms to assist the Owner in connection with the Project. The CMAR shall afford other separate Subcontractors reasonable opportunity for the execution of their Work and for the introduction and storage of their materials, and the CMAR shall take all reasonable action to coordinate its Work with theirs. If the Work performed by the separate Subcontractor is defective or so performed as to prevent the CMAR from carrying out its Work according to the plans and specifications, the CMAR shall immediately notify the Project Designer and the Owner upon discovering such conditions. 14. WARRANTY AND GUARANTEE 14.1. The CMAR unconditionally warrants and guarantees all materials and workmanship against patent defects arising from faulty materials, faulty workmanship or negligence for a period of twelve (12) months following the date of substantial completion of the Work and beneficial occupancy and shall replace such defective materials or workmanship without cost to the Owner. Project specifications shall require extended warranty provisions when requested by Owner. 14.2. In addition to the foregoing general warranty, the Owner may require extended warranties for specified building components, including without limitation mechanical and electrical equipment, elevators and escalators, security equipment, roof, curtain wall, doors and waterproofing. Extended warranties shall be specified in the Construction Documents or specific written instructions from the Owner. All such extended warranties shall either be provided by the CMAR or by a Subcontractor or manufacturer. If the warranty is provided by a Subcontractor or manufacturer, the warranty shall explicitly state that it is for the benefit of and may be enforced by the Owner. Such warranties shall provide, at a minimum, for the repair or replacement of defective or non- conforming components within the warranty period. Beyond its general twelve (12) month warranty, the CMAR shall not be responsible for extended warranties given by a Subcontractor or manufacturer, so long as the Owner has the benefit of and right to enforce the warranty. 14.3. Additionally, the Owner may bring an action against the CMAR for latent defects which are hidden or not readily apparent to the Owner at the time of beneficial occupancy or final acceptance, whichever occurred first, in accordance with applicable law. 14.4. The CMAR services shall extend through the completion of the warranty phase; once Project Closeout is achieved, however, the CMAR's obligations and services are limited to Warranty obligations. 15. ROYALTIES, LICENSES AND PATENTS 15.1. It is the intention of the Contract Documents that the Work covered herein will not constitute in any way infringement of any patent whatsoever unless the fact of such patent is clearly evidenced herein. The CMAR shall protect and save harmless the Owner against suit on account of alleged or actual infringement. The CMAR shall pay all royalties and /or license fees required on account of patented articles or processes, whether the patent rights are evidenced hereinafter. 16. PERMITS, INSPECTIONS, FEES, REGULATIONS 16.1. The CMAR shall give all notices and comply with all laws, ordinances, codes, rules and regulations bearing on the conduct of the Work under the Contract. If the CMAR observes that the drawings and specifications are at variance therewith, it shall promptly notify the Project Designer and Owner in writing. Any necessary changes required after contract award shall be made by change Page 16 of 53 Revised 10/17