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50 <br /> 48.4 The CMAR acknowledges liens may not be filed against governmental property and that such liens <br /> are not authorized by law. In the event any agent, materials or services provider, contractor, or <br /> Subcontractor of CMAR files or attempts to file any notice of lien, claim of lien, or lien against <br /> Owner's property provided the Owner has fulfilled its payment obligation under the Contract <br /> Documents. CMAR shall take immediate affirmative steps to remove and/or terminate any such <br /> claim of lien, lien, or lien action. Immediate affirmative steps means the CMAR, at CMAR's sole <br /> expense, shall without delay take whatever action is necessary, including without limitation <br /> litigation,to remove and/or terminate such claim of lien,lien,or lien action from Owner's property. <br /> If Owner determines CMAR is not proceeding as required by this section to remove and/or <br /> terminate any claim of lien, lien, or lien action Owner may take any action necessary to remove <br /> and/or terminate such claim of lien, lien, or lien action and all costs or expense related to such <br /> action by Owner shall be borne by CMAR. <br /> 48.5 The obligations of the CMAR under this Article 48 shall not extend to the liability of the Project <br /> Designer,the Project Designer's consultants,and agents and employees of any of them arising out <br /> of(1)the preparation or approval of maps,drawings,opinions,reports,surveys,change orders, <br /> designs or specifications,or(2)the giving of or the failure to give directions or instructions by the <br /> Project Designer,the Project Designer's consultants,and agents and employees of any of them <br /> provided such giving or failure to give is the primary cause of the injury or damage. <br /> 49.PERFORMANCE BOND AND PAYMENT BOND <br /> 49.1. Within fifteen(15)days of the establishment of each GMP,the CMAR shall provide a performance <br /> bond and payment bond, each in the amount of the GMP plus the Owner's allowance. The amount <br /> of the performance and payment bonds may be adjusted if the guaranteed maximum price is <br /> reduced after the bids are received. Each time a new GMP is established and approved by the <br /> Owner,the CMAR shall increase the amount of the performance and payment bonds to the amount <br /> of the cumulative GMP, including Owner's allowances, so that at all times a single performance <br /> bond and a single payment bond shall be in effect for the entire Project under contract at that time. <br /> 49.2. The performance bond and payment bond shall be executed by a surety company authorized to do <br /> business in North Carolina. Bonds shall be executed in the form bound with the RFQ unless the <br /> Owner accepts another form of bond. <br /> 49.3. All bonds shall be countersigned by an authorized agent and attorney-in-fact for the bonding <br /> company who is licensed to do business in North Carolina. The title "Licensed Resident Agent" <br /> shall appear after the signature. There shall be attached to each copy of the bond a certified copy of <br /> power of attorney properly executed and dated. The seal of the bonding company shall be <br /> impressed on each signature page of the bonds. <br /> 50.ASSIGNMENTS <br /> 50.1. The CMAR shall not delegate or subcontract its duties under this Contract or any portion of this <br /> Contract except as expressly set forth herein for general conditions and construction subcontracts. <br /> The CMAR may not make a general assignment of its rights under this Contract to any third party <br /> without the express consent of the Owner. Except as may be required under terms of the <br /> performance bond or payment bond, no funds or sums of money due or to become due to the <br /> CMAR under the Contract may be assigned or pledged as collateral for a loan or other debt without <br /> the consent of the Owner. In the event the CMAR has prior to execution of this Contract pledged <br /> payments hereunder as collateral for any loan or debt, the CMAR shall advise the Owner, in <br /> confidence if required by the CMAR, of the circumstances of the loan or debt, and arrange for the <br /> subordination of the security interest of the creditor or lender to the Owner's rights under this <br /> Contract. The Owner may,without consent of the CMAR,assign the Contract to a lender providing <br /> construction financing for the Project, if the lender assumes the Owner's rights and obligations <br /> under the Contract Documents. The CMAR shall execute all consents reasonably required to <br /> Page 47 of 52 <br /> Revised 12/24,4/25 <br />