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Agenda - 04-15-2025; 6-c - Approval of a Contract with Gilbane for Construction Manager-At-Risk Services for the Crisis Diversion Facility and Approval of Budget Amendment #8-A
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Agenda - 04-15-2025; 6-c - Approval of a Contract with Gilbane for Construction Manager-At-Risk Services for the Crisis Diversion Facility and Approval of Budget Amendment #8-A
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4/15/2025
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6-c
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Agenda for April 15, 2025 BOCC Meeting
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19 <br /> provide, at a minimum, for the repair or replacement of defective or non-conforming components <br /> within the warranty period.Beyond its general twelve(12)month warranty,the CMAR shall not be <br /> responsible for extended warranties given by a Subcontractor or manufacturer, so long as the <br /> Owner has the benefit of and right to enforce the warranty. <br /> 14.3. Additionally,the Owner may bring an action against the CMAR for latent defects which are hidden <br /> or not readily apparent to the Owner at the time of beneficial occupancy or final acceptance, <br /> whichever occurred first,in accordance with applicable law. <br /> 14.4. The CMAR services shall extend through the completion of the warranty phase; once Project <br /> Closeout is achieved, however, the CMAR's obligations and services are limited to Warranty <br /> obligations. <br /> 15.ROYALTIES,LICENSES AND PATENTS <br /> 15.1. It is the intention of the Contract Documents that the Work covered herein will not constitute in <br /> any way infringement of any patent whatsoever unless the fact of such patent is clearly evidenced <br /> herein. The CMAR shall protect and save harmless the Owner against suit on account of alleged or <br /> actual infringement but only if CMAR knew that the required design, process, or product was an <br /> infringement of a copyright or a patent, and the CMAR failed to promptly furnish such information <br /> to the Owner.The CMAR shall pay all royalties and/or license fees required on account of patented <br /> articles or processes,whether the patent rights are evidenced hereinafter. <br /> 16.PERMITS,INSPECTIONS,FEES,REGULATIONS <br /> 16.1. The CMAR shall give all notices and comply with all laws,ordinances,codes,rules and regulations <br /> bearing on the conduct of the Work under the Contract. If the CMAR observes that the drawings <br /> and specifications are at variance therewith, it shall promptly notify the Project Designer and <br /> Owner in writing. Any necessary changes required after contract award shall be made by change <br /> order. If the CMAR performs any Work knowing it to be contrary to such laws, ordinances, codes, <br /> rules and regulations, and without such notice to the Project Designer and Owner, it shall bear all <br /> cost arising there from.Additional legal requirements implemented after bidding will be subject to <br /> equitable adjustments to the GMP. <br /> 16.2. All Work under the CMAR Contract shall conform to the North Carolina State Building Code and <br /> other State, local, and national codes as are applicable. The cost of all required regulatory agency <br /> inspections under State, local and national codes shall be the responsibility of the CMAR and its <br /> Subcontractors. Costs for re-inspections by Orange County or other regulatory agencies, to the <br /> extent attributable to the CMAR and its Subcontractors, shall be the responsibility of the CMAR <br /> and its Subcontractors. <br /> 16.3. The CMAR shall cooperate with the state, county or municipal authorities by obtaining building <br /> and other required permits.Permits shall be obtained by the CMAR,but paid for by the Owner. <br /> 17.CONDUCT AND USE OF PREMISES <br /> 17.1. The CMAR shall confine its apparatus,the storage of materials and the operations of its workers to <br /> limits as indicated by law, ordinances, permits or directions of the Project Designer and Owner's <br /> Representative and shall not exceed those established limits in its operations. <br /> 17.2. The CMAR shall not load or permit any part of the structure to be loaded with a weight that will <br /> endanger its integrity or safety. <br /> 17.3. The CMAR shall enforce the Project Designer's and Owner's Representative's instructions <br /> regarding signs and advertisements. <br /> Page 16 of 52 <br /> Revised 12/24,4/25 <br />
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