Orange County NC Website
Browse       Search
26 <br /> Orange County, NC I CONSTRUCTION MANAGER AT RISK CONTRACT I CONFIDENTIAL DRAFT <br /> 23.6 Litigation. If mediation is unsuccessful or is waived by agreement, disputes shall be resolved through <br /> litigation in the General Court of Justice of North Carolina,Superior Court Division,seated in Orange County <br /> (Eighteenth Judicial District),or,for federal matters, in the United States District Court for the Middle District <br /> of North Carolina. North Carolina law shall govern. <br /> 23.7 Attorney's Fees. The prevailing party in any litigation arising from this Contract shall be entitled to <br /> recover reasonable attorney's fees and costs from the non-prevailing party. <br /> 23.8 No Waiver of Sovereign Immunity. Nothing in this Contract constitutes a waiver of the Owner's <br /> governmental immunity under North Carolina law. <br /> 23.9 Mutual Waiver of Consequential Damages. The CMAR and Owner waive claims against each other <br /> for consequential damages, including lost profits, lost revenue, loss of business opportunity, or damage to <br /> reputation. This waiver does not preclude assessment of liquidated damages, nor does it preclude the <br /> CMAR's right to an equitable adjustment in fee and General Conditions for delays beyond its control as <br /> defined in Article 12. <br /> ARTICLE 24: REGULATORY COMPLIANCE <br /> 24.1 Licenses. The CMAR warrants that it holds a valid and current North Carolina General Contractor <br /> License issued by the NCLBGC as required by N.C. Gen. Stat. § 87-1, with a license limitation sufficient for <br /> the contract amount.The CMAR shall ensure that all specialty trade work is performed by properly licensed <br /> contractors. The CMAR shall maintain its General Contractor License in good standing throughout the <br /> Contract. Failure to maintain a valid license is a material breach. <br /> 24.2 Permits. The CMAR shall obtain all building, trade, and other permits required for the Work. Permit <br /> fees shall be paid directly by the Owner unless otherwise directed by the Owner's Representative. All <br /> permits shall be posted at the Project site. Permits shall be obtained by the CMAR, but paid for by the <br /> Owner. <br /> 24.3 Code Compliance. All Work shall comply with the North Carolina State Building Code, all applicable <br /> local codes and ordinances, all regulatory codes, and all applicable federal regulations. Any necessary <br /> changes required after contract awards shall be made by change order. If the CMAR performs any Work <br /> knowing it to be contrary to such laws, ordinances, codes, rules, and regulations, and without such notice <br /> to the Project Designer and Owner,the CMAR shall bear all cost arising there from. Costs for re-inspection <br /> by Orange County or other regulatory agencies, to the extent attributable to the CMAR and its <br /> Subcontractors shall be the responsibility of the CMAR and its Subcontractors. <br /> 24.4 OSHA and Safety. The CMAR shall comply with all applicable OSHA regulations (29 C.F.R. Part <br /> 1926) and North Carolina Department of Labor safety requirements. <br /> 24.5 Environmental Permits. The CMAR shall obtain all required environmental permits including <br /> stormwater (NPDES), erosion and sediment control, wetlands, and air quality permits. For land-disturbing <br /> activities of one acre or more, the CMAR shall obtain NPDES General Permit coverage (NCG01) and <br /> implement an Erosion and Sediment Control Plan compliant with the NC Sedimentation Pollution Control <br /> Act. <br /> 24.6 E-Verify.The CMAR shall comply with the requirements of Article 2 of Chapter 64 of the North Carolina <br /> General Statutes and shall require all Subcontractors to do the same. The CMAR shall provide an E-Verify <br /> compliance affidavit upon request. <br /> 24.7 Iran and Israel Certifications. The CMAR certifies that it is not identified on the Final Divestment List <br /> or the Boycott of Israel list created by the NC State Treasurer pursuant to N.C.G.S. §§ 147-86.58 and 147- <br /> 86.81, and that it will not appear on such lists during the term of this Contract. <br /> 24.8 Non-Discrimination and Living Wage. CMAR shall at all times remain in compliance with all applicable <br /> local, state, and federal laws, rules, and regulations including but not limited to all state and federal anti- <br /> discrimination laws, policies, rules, and regulations and the Orange County Non-Discrimination Policy and <br /> Orange County Living Wage Policy (each policy is incorporated herein by reference and may be viewed at <br /> http://www.orangecountync.gov/departments/purchasing_division/contracts.php.) Any violation of this <br /> requirement is a breach of this Agreement and County may immediately terminate this Agreement without <br /> Page 23 of 35 <br />