Orange County NC Website
Browse       Search
Page 49 of 53 <br />5-2-25 <br />52.CONTRACTOR EVALUATION <br />52.1. The CMAR’s overall Work performance on the Project shall be fairly evaluated for determining <br />qualifications to bid on future Orange County capital improvement projects. In addition to final <br />evaluation, interim evaluation may be prepared during the progress of the Project. The Owner may <br />request the CMAR’s comments to evaluate the Project Designer. <br />53.NOTICES <br />53.1 Whenever any provision of the Contract Documents requires the giving of notice or written notice <br />such notice shall be delivered in writing. It shall be deemed to have been validly given if <br />delivered in person to, and signed for by, the individual or to a member of the firm or to an officer <br />of the corporation or organization for whom it is intended or if delivered or sent by registered or <br />certified mail, postage prepaid, addressed as follows: <br />If to Owner: If to CMAR: <br />PO Box 8181 150 Fayetteville Street <br />Hillsborough, NC 27278 Suite 1100 <br />Raleigh, NC 27601 <br />54.Mutual Waiver of Consequential Damages <br />54.1. The CMAR and Owner waive Claims against each other for consequential damages arising out of <br />or relating to this Contract. This mutual waiver includes: <br />1.Damages incurred by the Owner for rental expenses, for losses of use, income, profit, <br />financing, business and reputation, and for loss of management or employee productivity <br />or of the services of such persons; and <br />2.Damages incurred by the CMAR for principal office expenses including the compensation <br />of personnel stationed there, for losses of financing, business and reputation, and for loss of <br />profit, except anticipated profit arising directly from the Work. Notwithstanding the <br />foregoing, the CMAR shall be entitled to an equitable adjustment in its fee and general <br />conditions in the event of delays beyond its control as more specifically defined in Section <br />24.3. <br />This mutual waiver is applicable, without limitation, to all consequential damages due to <br />either party’s termination in accordance with Articles 39, 40, or 41. Nothing contained in this <br />Article 54 shall be deemed to preclude assessment of liquidated damages, when applicable, in <br />accordance with the requirements of the Contract Documents. <br />55.CMAR No Practice of Engineering <br />55.1. Nothing contained in this Agreement shall be deemed to authorize or require the CMAR to <br />perform with its own forces any act which would constitute the rendering of professional services, <br />such as the practice of architecture, engineering or laboratory testing. Notwithstanding anything to <br />the contrary herein, the CMAR is not required to ascertain that the Contract Documents are in <br />accordance with applicable laws, statutes, ordinances, codes, rules and regulations, or lawful <br />orders of public authorities, but the Contractor shall promptly report to the Project Designer any <br />nonconformity discovered by or made known to the CMAR as a request for information in such <br />form as the Project Designer may require. <br />Docusign Envelope ID: 5A9E3BC2-EAE1-4C35-82D9-B4D6A375FA78