Orange County NC Website
Browse       Search
20 <br /> Orange County, NC I CONSTRUCTION MANAGER AT RISK CONTRACT I CONFIDENTIAL DRAFT <br /> for completing punch list items (not to exceed forty-five (45) days); and the commencement date for <br /> warranty periods. <br /> 16.3 Punch List. The CMAR shall complete all punch list items within forty-five (45) days of Substantial <br /> Completion (or such other period specified in the Certificate). If the CMAR fails to complete punch list items <br /> within the required period, the Owner may engage others to complete them and deduct the cost, plus a <br /> fifteen percent (15%)administrative charge, from amounts otherwise due the CMAR. <br /> 16.4 Final Closeout Requirements. Prior to Final Completion, the CMAR shall deliver to the Owner: <br /> (a) As-Built Drawings: Complete record drawings in CAD and PDF format, clearly marked 'AS-BUILT' <br /> or 'RECORD DRAWINGS,' showing all changes made during construction, exact locations of <br /> underground utilities, and actual dimensions and elevations; <br /> (b) O&M Manuals: Complete Operations and Maintenance manuals organized by specification section <br /> in three-ring binders (3 hard copies) and electronic format (PDF), including operating instructions, <br /> maintenance schedules, parts lists, supplier contacts, warranty information, emergency procedures, <br /> and a listing of all subcontractors with contact information and warranty coverage periods; <br /> (c) Training: Minimum four (4) hours of hands-on training for Owner personnel on all major systems <br /> and equipment, during normal business hours, documented in writing; <br /> (d) Keys and Access Devices: All keys, access cards, fobs, and codes with a key schedule; <br /> (e) Spare Parts:Attic stock, spare filters, spare lamps, touch-up paint, and other items specified in the <br /> Contract Documents; <br /> (f) Warranty Matrix per Section 15.6; <br /> (g) Final lien waivers from all Subcontractors and material suppliers; <br /> (h) Affidavit from CMAR that all payrolls, materials, and obligations have been paid; <br /> (i) Certificates of Occupancy and all required regulatory approvals; <br /> 0) Final MWBE/DBE utilization report; <br /> (k) Consent of Surety to Final Payment. <br /> 16.5 Final Acceptance. Final Acceptance shall occur when the Owner and Project Designer confirm all <br /> punch list items are complete, all closeout documentation is submitted and accepted, and the Project <br /> Designer issues a Certificate of Final Completion. <br /> ARTICLE 17: PAYMENT PROCEDURES <br /> 17.1 Schedule of Values. Within fifteen (15)days of the Phase 2 Notice to Proceed,the CMAR shall submit <br /> a Schedule of Values allocating the GMP among all portions of the Work, with the CMAR Fee shown as a <br /> separate line item. The Schedule of Values shall be approved by the Project Designer before it is used as <br /> the basis for progress payments. <br /> 17.2 Monthly Pay Applications. The CMAR shall submit Applications for Payment on Owner-approved <br /> forms by the 21st of each month for Work completed through the last day of the previous month. Each <br /> application shall be submitted simultaneously to the Project Designer and the Owner. Each application shall <br /> include: updated Schedule of Values showing percentage complete; NC Sales Tax Affidavit; waivers of lien <br /> from Subcontractors; DBE/SBE utilization report; updated CPM schedule; and all other documentation <br /> required by the Owner. Applications not including required documentation will be returned without action <br /> and shall not start the payment or certification clock. <br /> 17.2.1 Project Designer Certification. Within seven (7) days after receipt of a properly submitted and <br /> complete Application for Payment, the Project Designer shall either: (a) issue to the Owner a Certificate for <br /> Payment, with a copy to the CMAR, for such amount as the Project Designer determines is properly due; <br /> or (b) notify the CMAR and Owner in writing of the reasons for withholding certification in whole or in part. <br /> The issuance of a Certificate for Payment constitutes the Project Designer's representation to the Owner <br /> that, to the best of the Project Designer's knowledge, information, and belief, the Work has progressed to <br /> the point indicated and the quality of the Work is in accordance with the Contract Documents. The Owner <br /> Page 17 of 35 <br />