Orange County NC Website
Browse       Search
penalty to Owner immediately upon written notice to Contractor of the unavailability or non- <br /> appropriation of public funds . It is expressly agreed that Owner shall not activate this non- <br /> appropriation provision for its convenience or to circumvent the requirements of this Agreement . <br /> c . In the event of a change in the Owner ' s statutory authority, mandate or mandated functions, by <br /> state or federal legislative or regulatory action, which adversely affects Owner ' s authority to <br /> continue its obligations under this Agreement, then this Agreement shall automatically terminate <br /> without penalty to Owner upon written notice to Contractor of such limitation or change in <br /> Owner ' s legal authority . <br /> 7 . NOTICES <br /> Any notice required by this Agreement shall be in writing and delivered by certified or registered mail, <br /> return receipt requested to the following : <br /> Owner : Contractor : <br /> Orange County James Poe, Client Solutions Manager <br /> Attn : Christopher J . Sandt, P . E . HGS , LLC <br /> P . O . Box 8181 3600 Glenwood Avenue, Suite 100 <br /> Hillsborough, NC 27278 Raleigh, NC 27612 <br /> 8 . MISCELLANEOUS <br /> a . Duties and Obligations imposed by the Contract Documents shall be in addition to any Duties <br /> and Obligations imposed by state, federal or local law, rules , regulations and ordinances . <br /> b . No act or failure to act by the Owner or Contractor shall constitute a waiver of any right or duty <br /> granted them under the Contract Documents , nor shall any act or failure to act constitute any <br /> approval except as specifically agreed in writing . <br /> c . The Work shall be tested and inspected as required by the Contract Documents and as required <br /> by law . Unless prohibited by law the costs of all such tests and inspections related to state and <br /> federal codes such as ADA, Administrative, Electrical, Plumbing, Mechanical and Building <br /> Codes shall be borne by the Contractor . The costs for material and structural testing shall be <br /> conducted by an independent third party at the expense of the Owner . Delays related to any of <br /> the aforementioned tests and inspections shall not be grounds for delaying the completion of the <br /> work . If any such tests and inspections reveal deficiencies in the Work such that the Work does <br /> not comply with terms or requirements of the Contract Documents and the requirements of any <br /> code or law the Contractor is solely responsible for the cost of bringing such deficiencies into <br /> compliance with the terms of the Contract Documents and any code or law . <br /> d . Should the Designer, if a Designer is retained for the project involving the Work, or Owner reject <br /> any portion of the Work for failing to comply with the Contract Documents Contractor shall <br /> immediately, at Contractor ' s expense, correct the Work . Any such rejection may be made before <br /> or after substantial completion . If applicable, any additional expense borne by the Designer <br /> under this section shall be paid at Contractor ' s expense . <br /> e . The County has designated ( Christopher J. Sandt, P. E. ) to act as the County' s representative <br /> with respect to the Project and shall have the authority to render decisions within guidelines <br /> established by the County Manager or the County Board of Commissioners and shall be available <br /> Revised 04 / 23 5 <br />