Agenda -11-06-2008 - 4p - Laserfiche WebLink

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CMAR on account of such action shall be determined as provided for under Article 7 herein. 3.10.15.11 If reasonable precaWons are inadequate to prevent foreseeable bodily injury or death to persons resulting from a material or substance encountered but not created on the site by the CMAR or its Contractors, the. CMAR shall, upon recognizing the condition, Immediately stop Work In' the affected area and report the condition to the Owner and the Project property owner If different from the Owner and Project Designer In writing. The Owner or Project property owner if different from the Owner shall . take responsibility for remedlation of the material. or substance from the site. If the CMAR dalm's its progress in completing the Project is delayed because of the remedlation response to the site, the CMAR shall file notice and a claim In accordance with this Agreement 3.i0.15.12 Any land-disturbing activity performed by the CMAR In connection with the Project shall comply with all erosion control measures set forth in the Contract Documents and any additional measures which may be required In order to ensure that the Project Is In full compliance with. the Sedimentation Pollution Control Act of 1973, as.. implemented by Title 15, North Carolina Administrative Code, Chapter 4, Sedimentation Control, - Subchapters 4A, 48 and 4C, as amended (15 N.C.A.C. 4A, 4B and 4C). 3.11 Post Construction Phase The CMAR shall provide the following ongoing services in connection with Final Completion of the Work by the Contractors: 3.11 .1 Record Documents The CMAR shall coordinate and expedite submittals of information from the Contractors for preparation of record Drawings and Specifications, and shall coordinate and expedite the transmittal of such record documents to the Owner. 3.11.2 Q=nlze and Index Operations and Maintenance terfa! Prior to final completion of the Project the CMAR shall compile manufacturers' operations and maintenance manuals, warranties and guarantees and bind such documents in an organized manner. This information shall then be provided to the Owner. . 3.11.3 Oocuoancv Permit The CMAR shall assist the Owner and Designer In obtaining an occupancy permit by accompanying governmental officials during Inspections of the Project, preparing and submitting documentation to governmental agencies and coordinating final. testing and other activities. 3.11.4 Occupancy Plan The! CMA ;4 In consultation with the Owner, the Designer and appropriate regulatory agencies, shall prepare an Occupancy Plan for the Project This plan shall be provided to the Owner at least thirty days prior to Substantial Completion. 3.12 Additional Services The CMAR agrees to perform all tasks and functions reasonably necessary to complete the services described in the preceding paragraphs In this Article 3, even 'rf not explicitly described therein, unless the tasks or functions are explicitly described as Additional Services In thls section 3.12.•' At the request of the Owner, the CMAR shall perform Additional Services and shall be compensated for same-as provided in Article 7 of this Agreement The -CMAR shall perform Additional Services only after the Owner and ' CMAR have executed a written amendment to this Agreement providing for such services. The following is a list of. Services that might reasonably be. anticipated, with indication of whether the specified services will be considered to be Additional Services or required Services: 3.12.1 Services related to Investigation; appraisal, or evaluation. . of existing conditions, facilities, or equipment or determination of the accuracy of existing drawings or other. :Information _ furnished by the Owner are required and are not Additional Services; 3.12.2 Services related to procurement, storage, maintenance and installation of Owner - furnished equipment, materials, supplies and furnishings are Additional Services; provided, however, that coordination and scheduling of the procurement, storage, maintenance and Installation of Owner- fumished equipment, materials, supplies and fumishings with the Work of the Contractors is required and is not an Additional Service;