Orange County NC Website
15 <br /> Orange County, NC I CONSTRUCTION MANAGER AT RISK CONTRACT I CONFIDENTIAL DRAFT <br /> obtain the Owner's written approval before the replacement assumes duties. The CMAR shall bear all <br /> transition and retraining costs. <br /> 9.3 Removal of Personnel. The Owner may require the CMAR to remove any employee or Subcontractor <br /> employee from the Project for incompetence, carelessness, unsafe practices, misconduct, or any other <br /> cause the Owner deems sufficient. The CMAR shall comply within forty-eight (48) hours of written notice. <br /> All workers on the Project shall wear Owner-approved identification badges displaying company name, <br /> telephone number, employee name, and photograph. The CMAR and its Subcontractors shall comply with <br /> the Owner's access procedures when working on any existing facility. Owner and its representatives <br /> reserve the right to require the CMAR to immediately remove any such person(s)failing to comply with this <br /> requirement until such time as proper identification requirements are complied with. <br /> 9.4 Conduct Standards. The CMAR, its employees, Subcontractors, and their employees shall comply with <br /> all at conduct standards, including: (a) no firearms or explosives on Owner property; (b) no profane, lewd, <br /> obscene or offensive conduct or language, including sexual harassment; (c) no manufacture, possession, <br /> or use of alcohol, controlled substances, or drug paraphernalia on Owner property; (d) no solicitation or <br /> sales on Owner property; (e)no smoking or tobacco use inside any enclosed or occupied facility or in areas <br /> designated tobacco-free by the Owner. <br /> 9.5 Operators of commercial vehicles on Owner property shall be subject to post-accident, random, <br /> reasonable suspicion, and follow-up testing for drugs and alcohol. <br /> 8.6 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 /> 8.7 The CMAR shall not load or permit any part of the structure to be loaded with a weight that will endanger <br /> its integrity or safety. <br /> 8.8 The CMAR shall enforce the Project Designer's and Owner's Representative's instructions regarding <br /> signs and advertisements. <br /> ARTICLE 10: TECHNOLOGY, DATA, AND PROJECT MANAGEMENT <br /> SYSTEMS <br /> 10.1 The CMAR shall use an Owner-approved project management platform (for document management, <br /> RFI tracking, submittal logging, change order management, and schedule maintenance. All project data <br /> stored in CMAR-managed or CMAR-selected platforms is the property of the Owner. The CMAR shall <br /> configure all platforms to allow the Owner real-time read access throughout the Project. <br /> 10.2 Upon Final Completion or upon earlier termination of this Contract,the CMAR shall provide the Owner <br /> with a complete export of all project data from all CMAR-managed platforms in standard formats (PDF, <br /> Excel, native format where applicable)within thirty (30) days. The CMAR shall maintain all project records <br /> for a minimum of five (5)years after Final Completion. <br /> 10.3 The CMAR shall implement reasonable cybersecurity measures to protect project data, including <br /> access controls, password policies, and protection against unauthorized disclosure of Owner data. The <br /> CMAR shall notify the Owner within forty-eight(48) hours of any known or suspected data breach affecting <br /> project information. <br /> 10.4 Technology costs chargeable as General Conditions or Cost of the Work shall be limited to amounts <br /> and rates established in the GMP Amendment. Technology costs charged at rates (e.g., per labor hour or <br /> per dollar of contract value) shall be approved by the Owner in advance and shall not be modified without <br /> written Change Order. <br /> Page 12 of 35 <br />