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

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would reasonably be made by a contractor having knowledge and experience with similar work; however, the Contractor shall not be entitled to infer from .CMAR- supplied information any fact or, condition which would not be Inferred by a contractor having knowledge and experience -.with similar work and, if the CMAR - supplied information is inadequate or insufficient in any respect, the Contractor shall be required to obtain independently such other information as a knowledgeable and experienced contractor would prudently obtain in order to evaluate any such condition. 3.3 The Contractor specifically acknowledges familiarity with all Federal, State, and local laws, ordinances, rules, and regulations which may in any manner affect those engaged or employed in the Work, or the materials or equipment in or about the Work, or in any way affect the conduct of the Work and agrees that the Contractor and the -Contractor's employees, Subcontractors, and suppliers will, at all times, comply with same. If the Contractor shall discover any provisions in the Contract Documents which are contrary to or inconsistent with any such law, ordinance, rule, or regulation, the Contractor shall immediately give notice thereof to the CMAR in writing, identifying any items of .Work affected, and the Contractor shall not proceed until the Contractor has received written direction from the CMAR with respect to these Items. If the Contractor performs contrary to or inconsistently with any such law, ordinance, rule, or regulation without giving such - notice, the Contractor shall bear all costs which are -a consequence of such performance. 3.4 At times selected by the CMAR after execution by the' Contractor of the Construction Agreement, a pre - construction conference shall be scheduled and conducted. for. the benefit of the Project. ARTICLE 4. BONDS 4.1 A performance bond in the full amount of the Contract Price, and subject to changes in the Contract Price, may be required of the Contractor to guarantee.the faithful performance of the Work in compliance with the Contract Documents, in such form as may be required by law and by the Owner. If required, the bond shall be dated : the. same date as ' the Construction Agreement and must be accompanied by a current copy. of the power of attorney for the attorney -in -fact executing such bond on behalf of a surety company licensed to do business in the state of North Carolina. 4.2 A payment bond in the full amount of the Contract Price, and subject to changes in .the Contract Price, may be required of the Contractor to guarantee the payment of all labor and material costs or claims in connection with compliance with the Contract: If required, the payment bond shall be in such form as may be required by. law and by the Owner. Said bond shall be dated and executed in ,the same manner as the_ performance bond in paragraph 4.1. ARTICLE 5. INSURANCE AND INDEMNITY 5.1 CONTRACTOR PROVIDED INSURANCE The Contractor shall, without limiting Its obligations or liabilities, procure, - pay for and maintain. such Insurance as is required by law and as is required by the Agreement to protect the Contractor, the CMAR, the Owner, the Designer and any lender. of the Owner when the loan to the Owner is secured by the property on which the Project is located from claims for damages for bodily Injury, including death,'and from claims for property damage which may arlse from the Contractor's or its representatives'; consultants', Subcontractors', agents', or employees' operations under this Agreement: Such insurance shall be. of. the kinds and have limits of liability and coverages not less than the minimum limits hereinafter specified or required by law, whichever is greater. The CMAR makes no representation as to the adequacy or sufficiency of such coverages.. The following requirements-shall 1n ' no GENERAL CONDITIONS FOR CM AT RISK PROJECT 8 of 42 JUNE 2007 EDITION