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AG 2009 07 20
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AG 2009 07 20
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Last modified
2/8/2010 9:53:28 AM
Creation date
11/27/2017 11:25:56 AM
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Meeting Minutes
Doc Type
Agenda
Meeting Minutes - Date
2/8/2010
Board
Board of Commissioners
Meeting Type
Regular
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Owner who has made the request for change. In those instances in which the Architect <br />determines that the change is an Owner-requested one, then and in such event the Architect <br />shall determine the extent to which, if any, the change reasonably causes an increase in the <br />General Conditions Cost and/or an extension of the Contract completion date. Absent <br />extraordinary circumstances, the Construction Manager at Risk should not expect that any <br />Change Order other than those requested by the Owner will allow for an increase of the General <br />Conditions Costs. <br />E. Retainage of Construction Manager at Risk Fee -Owner shall withhold Ten <br />(10%) percent of the Construction Manager at Risk Fee as retainage to be paid to the CM no <br />later than seven (7) days following the date of the close-out. The parties intend that during the <br />course of construction the retainage may be reduced based upon such factors as CM's <br />timeliness, its performance, its schedule attainment and other such matters, taking into account <br />those risks to be protected through the Owner's retention of retainage. <br />F. Payments to Subcontractors -The Owner shall pay/reimburse the Construction <br />Manager at Risk for payments made to Subcontractors in accordance with the requirements of <br />the subcontracts. Except as provided in the Contract Documents, the Owner shall not pay nor <br />reimburse the CM for any additional costs or expenses incurred in performance of the <br />Subcontractors under the Contract Documents. <br />G. Financial Management -The Construction Manager at Risk shall keep full and <br />detailed accounts and exercise such controls as maybe necessary for proper financial <br />management under the Contract Documents; the accounting and control systems shall be <br />satisfactory to the Owner. The Owner and Owner's accountants shall be afforded access to the <br />Construction Manager at Risk's records, books, correspondence, instructions, drawings, <br />receipts, subcontracts, purchase orders, vouchers, memoranda and other data relating to the <br />relating to the Project and the Construction Manager at Risk shall preserve these for a period of <br />three (3) years after final payment, or for such longer period as may be required by law. <br />H. Progress Payments -Based upon Applications for Payment submitted to the <br />Architect by the Construction Manager at Risk and certificates for payment issued by the <br />Architect, the Owner shall make progress payments inclusive of applicable sales tax reports on <br />account of the Contract sum to the Construction Manager at Risk as provided in the General <br />Conditions. <br />I. Overlap of Services by Construction Manager at Risk -The division of services <br />in this document between "pre-construction" and "construction" is for convenience only. The <br />parties recognize that there maybe an overlap of services between these two divisions and <br />such overlap shall not affect the obligations for the performance of such services. <br />J. Governance -The Contract Documents shall be governed by the provisions of <br />N.C. Gen. Stat. & 143-128.1. In the event of a conflict between the provisions of this Statute <br />and the Contract Documents, the statute shall govern. . <br />15 <br />F-4 <br />Attachment number 1 <br />Page 161 of 627 <br />
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