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OTHER-2025-025-CMAR Contact
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OTHER-2025-025-CMAR Contact
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Last modified
4/23/2025 7:52:20 AM
Creation date
4/23/2025 7:51:02 AM
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BOCC
Date
4/15/2025
Meeting Type
Work Session
Document Type
Others
Agenda Item
6-c
Document Relationships
Agenda - 04-15-2025; 12-1 - Information Item - April 1, 2025 BOCC Meeting Follow-up Actions List
(Attachment)
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\Board of County Commissioners\BOCC Agendas\2020's\2025\Agenda - 04-15-2025 Business Meeting
Agenda - 04-15-2025; 12-2 - Information Item - Memorandum - Recognition of County Employee Retirements from January 1, 2025 through March 31, 2025
(Attachment)
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\Board of County Commissioners\BOCC Agendas\2020's\2025\Agenda - 04-15-2025 Business Meeting
Agenda - 04-15-2025; 12-3 - Information Item - Memorandum - Earth Evening - A Celebration of Earth Day
(Attachment)
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\Board of County Commissioners\BOCC Agendas\2020's\2025\Agenda - 04-15-2025 Business Meeting
Agenda - 04-15-2025; 4-a - Presentation on the GoTriangle Transit Ambassador Program
(Attachment)
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\Board of County Commissioners\BOCC Agendas\2020's\2025\Agenda - 04-15-2025 Business Meeting
Agenda - 04-15-2025; 5-a - FY26 Annual Work Program for Transit
(Attachment)
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\Board of County Commissioners\BOCC Agendas\2020's\2025\Agenda - 04-15-2025 Business Meeting
Agenda - 04-15-2025; 6-a - Change in Student Projection Methodology to be Used in Future Annual SAPFOTAC Reports
(Attachment)
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\Board of County Commissioners\BOCC Agendas\2020's\2025\Agenda - 04-15-2025 Business Meeting
Agenda - 04-15-2025; 6-b - Purchase of Property for the Crisis Diversion Facility
(Attachment)
Path:
\Board of County Commissioners\BOCC Agendas\2020's\2025\Agenda - 04-15-2025 Business Meeting
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
(Attachment)
Path:
\Board of County Commissioners\BOCC Agendas\2020's\2025\Agenda - 04-15-2025 Business Meeting
Agenda - 04-15-2025; 7-a - Revenue Neutral Tax Rate for FY 2025-26
(Attachment)
Path:
\Board of County Commissioners\BOCC Agendas\2020's\2025\Agenda - 04-15-2025 Business Meeting
Agenda - 04-15-2025; 8-a - Minutes
(Attachment)
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\Board of County Commissioners\BOCC Agendas\2020's\2025\Agenda - 04-15-2025 Business Meeting
Agenda - 04-15-2025; 8-b - Refund Request for Overpayment of Excise Tax from Kennon Craver, PLLC, Attorneys at Law
(Attachment)
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\Board of County Commissioners\BOCC Agendas\2020's\2025\Agenda - 04-15-2025 Business Meeting
Agenda - 04-15-2025; 8-c - Fiscal Year 2024-25 Budget Amendment #8
(Attachment)
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\Board of County Commissioners\BOCC Agendas\2020's\2025\Agenda - 04-15-2025 Business Meeting
Agenda - 04-15-2025; 8-d - Application for North Carolina Education Lottery Proceeds for Orange County Schools (OCS) to Drawdown Funds from the North Carolina Department of Public Instruction
(Attachment)
Path:
\Board of County Commissioners\BOCC Agendas\2020's\2025\Agenda - 04-15-2025 Business Meeting
Agenda - 04-15-2025; 8-e - Application for North Carolina Education Lottery Proceeds for Chapel Hill-Carrboro City Schools (CHCCS) to Drawdown Funds from the North Carolina Department of Public Instruction
(Attachment)
Path:
\Board of County Commissioners\BOCC Agendas\2020's\2025\Agenda - 04-15-2025 Business Meeting
Agenda - 04-15-2025; 8-f - Enhanced Voluntary and Voluntary Agricultural District Designation – Multiple Farms
(Attachment)
Path:
\Board of County Commissioners\BOCC Agendas\2020's\2025\Agenda - 04-15-2025 Business Meeting
Agenda - 04-15-2025; 8-g - Schools Adequate Public Facilities Ordinance (SAPFO) – Receipt and Transmittal of 2025 Annual Technical Advisory Committee Report
(Attachment)
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\Board of County Commissioners\BOCC Agendas\2020's\2025\Agenda - 04-15-2025 Business Meeting
Agenda - 04-15-2025; 8-h - Public Safety Telecommunicators Week Proclamation
(Attachment)
Path:
\Board of County Commissioners\BOCC Agendas\2020's\2025\Agenda - 04-15-2025 Business Meeting
Agenda - 04-15-2025; 8-i - Approval of Performance Measures for the Countywide Strategic Plan
(Attachment)
Path:
\Board of County Commissioners\BOCC Agendas\2020's\2025\Agenda - 04-15-2025 Business Meeting
Agenda - 04-15-2025; 8-j - Boards and Commissions – Appointments
(Attachment)
Path:
\Board of County Commissioners\BOCC Agendas\2020's\2025\Agenda - 04-15-2025 Business Meeting
Agenda for April 15, 2025 BOCC Meeting
(Attachment)
Path:
\Board of County Commissioners\BOCC Agendas\2020's\2025\Agenda - 04-15-2025 Business Meeting
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33 . 3 . A claim for extra cost shall include a claim for an increase in the CMAR Fee . Approved claims for <br /> extra cost, will be considered change orders for which CMAR is entitled to an increase in its Fee <br /> under Paragraph 3 . 3 herein . <br /> 33 .4 . If the parties are unable to agree to the reasonable cost and time to perform the change, or are <br /> unable to agree as to whether a change occurred, the Owner ' s representative shall make a unilateral <br /> determination regarding the basis of proceeding, subject to dispute resolution at a later time . The <br /> CMAR shall proceed with the Work as directed by the Owner ' s representative. <br /> 33 . 5 . Should a claim for an increase in the GMP by the CMAR be denied by the Owner the CMAR may <br /> request mediation in connection with the dispute resolution rules adopted for this Project. <br /> 34 . DIFFERING SITE CONDITIONS <br /> 34 . 1 . Should the CMAR encounter subsurface or latent conditions, or both at the site materially differing <br /> from those shown on the drawings or indicated in the specifications or differing materially from <br /> those ordinarily encountered and generally recognized as inherent in Work of the character <br /> provided for in this Contract, the CMAR shall immediately, and in no event later than thirty (30) <br /> days later, give notice to the Owner of such conditions before they are disturbed . The Owner and <br /> the Project Designer shall thereupon promptly investigate the conditions and if they find that they <br /> materially differ from those shown on the drawings or indicated in the specifications, they shall at <br /> once make such changes in the drawings and/or specifications as they may find necessary . Any <br /> increase or decrease in the Cost of the Work resulting from such changes shall be adjusted in the <br /> manner provided herein for adjustments as to extra and/or additional Work and changes . However, <br /> neither the Owner nor the Project Designer shall be liable or responsible for additional Work, costs <br /> or changes to the Work that could have been reasonably determined from any geotechnical, soils <br /> and other reports, surveys and analyses made available for the CMAR's review or that could have <br /> been discovered by the CMAR through the performance of its obligations pursuant to this Contract. <br /> 35. CORRECTION OF WORK BEFORE FINAL PAYMENT <br /> 35 . 1 . Any Work, materials, fabricated items or other parts of the Work which have been condemned, <br /> rejected, or declared not in accordance with the Contract by the Project Designer shall be promptly <br /> removed from the Work site by the CMAR, and shall be immediately replaced by new Work in <br /> accordance with the contract at no additional cost to the Owner. Work or property of the Owner, <br /> damaged or destroyed by virtue of such faulty Work, shall be made good at the expense of the <br /> CMAR. <br /> 35 . 2 . Correction of condemned Work described above shall commence within seventy-two (72) hours <br /> after receipt of notice from the Project Designer, and shall make satisfactory progress until <br /> completed. <br /> 35 . 3 . Should the CMAR fail to proceed with the required corrections, then the Owner shall have the right <br /> to complete the Work under the terms herein . <br /> 36. CORRECTION OF WORK AFTER FINAL PAYMENT <br /> 36 . 1 . Neither the final certificate, final payment, occupancy of the premises by the Owner, nor any <br /> provision of the Contract, nor any other act or instrument of the Owner, nor the Project Designer, <br /> shall relieve the CMAR from responsibility for negligence, for faulty material or workmanship, for <br /> breach of any warranty or guarantee, or for failure to comply with the drawings and specifications . <br /> The CMAR shall correct any defects due thereto and repair any damage resulting therefrom , which <br /> may appear during the guarantee period following Substantial Completion of the Work in <br /> accordance with its warranty and guarantee. The Owner will report any defects as they may appear <br /> to the CMAR and establish a time limit for completion of corrections by the CMAR. The Owner <br /> Page 37 of 52 <br /> Revised 12/24, 4/25 <br />
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