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

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ARTICLE 1 RELATIONSHIP OF THE. PARTIES 1.1 Chimer and Construction Man@= 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 tD'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 we 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 Destaner 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. 1.4 Relationship of the CMAR to the Designer In pro viding construction management services described in this Agreement,' the . CMAR. shalt 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 shalt mean the total construction of which the Worts may be a whole or part of the Project The term 'Wont required for the "Project used in this Agreement shall mean the various parts of total construction to be performed under this Agreement Tti8 Project name and location is the Hillsborough Commons, Hillsborough, North Carolina. The Project is intended for use as a- as more fully described In this Agreement and all site plan and related documents submitted to The Town of Hillsborough as part of the Site Plan approval of the Project and as those documents . are or will ba . modified to conform to Project approvals obtained by the Owner. The Project shall be fully described In the Contract Documents, whfoh 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. The CMAR shall enter Into contracts for labor, materials and services in accordance with N.C. Gen. Stat. § 143 -128.1 and ARTICLE 8 . other sections of Chapter 143 Article 8 of the North Carolina CONSTRUCTION MANAGER AT RISK'S SERVICES General. Statutes relating to construction management 'at risk contracts. In this Agreement the term `Contractor* or 3.1 CMAR $tA `Contractors' shall refer to all persons with such contracts with. The CMAR shall perform the Services described herein. The the CMAR.. sequence in which they are provided shall be as set forth in the approyed'Construction Management Plana . . 4 ;