2008-091 Purchasing- Clancy & Theys Construction Manager at Risk Services Animal Services Facility

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ARTICLE 1 RELATIONSHIP OF THE PARTIES 1.1 Owner and Construction Manaaer at Risk The CMAR and the Owner shall perform as stated in this Agreement and each accepts the relationship between them that is established by this Agreement. The CMAR covenants with the Owner to furnish professional construction management services during the Project. In broad terms, under this Agreement, the CMAR will perform construction services, including efficient value engineering reviews and project management, business administration and field supervision, and shall use its best efforts to see to it that the Work of the Project is done in the best and most expeditious, economical manner consistent with the interests of the Owner, and in strict conformity with the Contract Documents, including all reasonable implications therein, and to furnish its skill and judgment with due care in accordance with applicable federal, state, and local laws and regulations that are in effect on the date of this Agreement first written above. 1.2 Owner and Desianer The Owner shall contract separately with the Designer to provide architectural and engineering design for the Project. The Project is defined in Article 2 of this Agreement. In this Agreement the term "Drawings and Specifications" shall refer to the drawings and specifications prepared by the Designer in accordance with its agreement with the Owner. 1.3 CMAR and Contractors The CMAR shall enter into contracts for labor, materials and services in accordance with N.C. Gen. Stat. § 143-128.1 and other sections of Chapter 143 Article 8 of the North Carolina General Statutes relating to construction management at risk contracts. In this Agreement the term "Contractor" or "Contractors" shall refer to all persons with such contracts with the CMAR. 1.4 Relationship of the CMAR to the Desianer In providing construction management services described in this Agreement, the CMAR shall maintain a working relationship with the Designer. The Designer is solely responsible for the Project design and shall perform in accordance with the Designer agreement with the Owner and nothing in this Agreement shall be construed to mean that the CMAR is responsible for the design of the Project or that the CMAR assumes any of the contractual or customary duties of the Designer or any other persons or parties not specified by this Agreement. The CMAR and the Designer shall each be provided with a copy of the other's contract with the Owner. ARTICLE 2 PROJECT DEFINITION The term "Project" when used in the Agreement shall mean the total construction of which the Work may be a whole or part of the Project. The term "Work" required for the "Project" used in this Agreement shall mean the various parts of total construction to be pertormed under this Agreement. The Project name and location is the Orange County Animal Services Facility Site Construction in Chapel Hill, North Carolina. The Project is intended for use as the site construction component for the full service Animal Service Facility, as more fully described in this Agreement and all site plan and related documents submitted to The Town of Chapel Hill as part of the Site Plan approval of the Project and as those documents are or will be modified to conform to Project approvals obtained by the Owner. The Project shall be fully described in the Contract Documents, which are hereby defined to include: This Agreement, the Orange County, North Carolina General Conditions of the Contract for Construction -Construction Manager at Risk, June 2007 Edition, plus the Drawings and Specifications prepared by the Designer, plus allowable Modifications to the Contract Documents. ARTICLE 3 CONSTRUCTION MANAGER AT RISK'S SERVICES 3.1 CMAR Services 4