|
co~rected in accordance with Article 9.
<br />Insert S;
<br />3.2.9. t The Design/Builder warrants all Work performed
<br />under the Contract Documents for a minimum period of
<br />one (1) year from the date of Certificate of Substantial
<br />Completion by the Owner as follows: (1) against all faulty
<br />materials, and against all careless or unskilled
<br />workmanship; (2) against damage by exposure to
<br />foreseeable weather, and damage by intrusion .of
<br />foreseeable wind. water and surface drainage; (3)
<br />against defacements such as uncontrolled cracking,
<br />· spalling, detamination and peeling of finish surfaces
<br />such as concrete, unit .masonry, millwork, plaster and
<br />glass and applied finishes such as paint and special
<br />coatings: and (4) against injury, or deterioration with
<br />proper and usual use.
<br />
<br />Insert T: 3.2.9.2 All warranties shall become effective
<br />as of the date set forth in the Certificate of Substantial
<br />Completion.
<br />
<br />Insert U: 3.2.9.3 The Design/Builder agrees to assign
<br />to the Owner any and all manufacturers' warranties
<br />relating to materials and labor used in the Work and
<br />
<br />further agrees to perform the Work in such manner so
<br />as to .~reserve any and all such manufacturers'
<br />warranties.
<br />
<br />3,2,10 The Design/Builder.shall Imy all sales, consumer, us~
<br />.and similar taxes which had be~n.legally enacted at the thne
<br />the Design/Builder's Proposal was fust submitted to .the
<br />Owner, and shall secure and pay for building and other permits
<br />and governmental fc~s, lic~nse~ and/mpectionsnec~sary for
<br />the proper execution and completion of the Work which are
<br />either customarily secured after execution of a contract for
<br />construction or are legally requked at the time the
<br />Design/Builder's Proposal was first submitted to the Owner. _
<br />Unless otherwise agreed in writing in advance by the Owner,
<br />Desi_m~Builder shall obtain and !my for all licenses and
<br />perrnits that arc required for it to perform the Work.
<br />Design/Builder shall be responsible for paving alt taxes, fees,
<br />assessments and premiums of any kind payable on its
<br />employees and operations and in connection with the Work.
<br />The Desi_m~Buiider shall provide'the Owner monthly with it~
<br />Application for Payment certificates and othm' s _upporting data
<br />as re _m~ired by the State of North Carolina to enable the Owner
<br />to obtain sales and use tax refunds, which then shall be
<br />reimbursed to the Desi_mu/Builder.
<br />
<br />3.2~11 The Design/Builder shall comply with and g/ye
<br />notices required by laws, ordinances, rules, regulations and
<br />lawful orders of pubhc authorities relating to the Project. The
<br />Desi_~'gBuilders~r_ ecs to perform the Work in.accordance with
<br />all federal, state, county and municipal laws. ordinances,
<br />permits, and regulations applicable to the Work or those
<br />
<br />employed in the Work.
<br />
<br />3.2.12 The Design/Builder shall pay royalties and license
<br />fees for patented designs, processes or products. The
<br />DesigrffBuilder shall defend suits or.claims for infringement of
<br />patent righks and shall hold the Owner harmless from loss on
<br />account thereof; but shall not be responsible for such defense
<br />.or loss when a particular design, process.or product of a
<br />.particular manufacturer is required by the Owner. However, if
<br />the Design/Builder has reason to believe the use ora required
<br />design, process or product is an infringement of a patent, the
<br />Design/Builder shall be responsible for such loss unless such
<br />information is promptly furnished to the Owner.
<br />
<br />3.2.13 The Design/Builder shall .keep the premises and
<br />surrounding area flee from accumulation of waste materials or
<br />rubbish caused by operations under this Part 2 Agreement. At
<br />the completion of the Work, the Design/Builder shall remove
<br />from .the.site waste materials, rubbish, the Design/Builder, s
<br />tools, construction equipment, machinery, and surplus
<br />materials. The Desi_m'dBuitder shall be responsible for the
<br />removal and dis!x)sition of any waste, including ha?ardous
<br />waste, which arrives on the Project site or is generated at tho
<br />Project site as a result of or in connection with the
<br />performance of the Work.
<br />
<br />3.2.14 The Design/Builder shall notify the Owner when the
<br />Design/Builder believes that the Work or an agreed upon
<br />portion thereof is substantially completed. If the Owner
<br />.concurs, the Design/Builder shall issue a Certificate of
<br />Substantial Completion which shall establish the Date of
<br />Substantial Completion, shall state the responsibility of each
<br />party for security, maintemmee, heat, utilities, damage to the
<br />Work and insurance, shall include a list of items to be
<br />completed or corrected and shall fix the time within which the
<br />Design/Builder shall complete items hated therein. Disputes
<br />between the Owner and Design/Builder regarding the
<br />Certificate of Substantial Completion shall be resolved in
<br />accordance with provisions of Article 10.
<br />
<br />3.2.15 The Design/Builder shall maintain at the site for the
<br />Owner one record copy of the drawings, specifications,
<br />product data, samples, shop drawings, Change Orders and
<br />other modifications, in good order and regularly updated to
<br />record the completed construction. These shall be delivered to
<br />the Owner upon completion of construction and prior to final
<br />payment.
<br />
<br />Insert V: 3.2.16 Subpa _ra_ragraphs 3.3.6 and 3.3.7 shall be
<br />considered Basic Services.
<br />
<br />3.3 ADDITIONAL SERVICES
<br />
<br />W~99163.4
<br />
<br />
<br />
|