S Purchasing - Construction Manager at Risk Services for Emergency Services Facility

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6.12 Communication with Contractors The Owner, its representatives and consultants, including Designers, shall communicate with the Contractors only through the CMAR. 6.13 Conies of Notices and Communication The Owner shall send to the CMAR and shall require the Designer to send the CMAR copies of all notices and communications sent to or received by the Owner or Designer relating to the Project. 6.14 Owner's Representative The Owner shall designate, in writing, an officer, employee or other authorized representative to serve as the Owner's point of contact and to act in the Owner's behalf with respect to the Project. This representative shall be available during working hours and as often as may be required to render decisions and furnish information in a timely manner. The CMAR acknowledges that more than one individual might be designated as the Owner's representative at different times and for different purposes. The CMAR also acknowledges that some changes to this Agreement and to the Project might require authorization by the County Commissioners and execution by the County Manager in addition to the Owner's project representative. 6.15 Payment to CMAR [Not used.] ARTICLE 7 GUARANTEED MAXIMUM PRICE AND PAYMENT 7.1 Guaranteed Maximum Price The CMAR shall be required to give a Guaranteed Maximum Price for the Project. The Guaranteed Maximum Price shall be documented by the CMAR as defined in Article 12 and, once established, the Guaranteed Maximum Price shall be subject to modification only as defined in this Agreement. 7.1.1 Guaranteed Maximum Price Proposal The Guaranteed Maximum Price shall be provided by the CMAR when requested by the Owner, but in no event before the completion of one hundred percent of schematic design documents for the Project by the Designer, and in no event later than sixty (60) days after construction documents for the Project are released by the Designer for permitting, bidding and construction. The Owner shall accept such Guaranteed Maximum Price or negotiate and reach agreement with the CMAR on a different Guaranteed Maximum Price within thirty (30) days of the date of the receipt unless such time is mutually agreed to be extended. If the Owner does not accept a Guaranteed Maximum Price within the time period herein provided, such price shall be presumed to be rejected by the Owner. 7.1.2 Consideration of Proposal In the event the Owner does not accept the CMAR's proposed Guaranteed Maximum Price, the Owner may terminate the Agreement in accordance with Article 9. 7.1.3 Construction Contracts Construction contracts for the Work required for the Project shall be between the CMAR and Contractors. The CMAR shall request and receive bids for each contract and shall advise the Owner with respect to award of a contract to the lowest responsive and responsible bidder. The CMAR shall enter into a contract with that bidder after receipt of approval of award from the Owner. 7.1.4 Work by CMAR All of the labor and materials for the Work of the Project as described in the Drawings and Specifications developed by the Designer shall be performed by Contractors, except as specifically provided in this paragraph. The CMAR may perform a portion of the Work only if (1) bidding produces no responsible, responsive bidder for that portion of the Work, no responsive, responsible bidder will execute a contract for the bid portion of the Work, or a Contractor defaults and apre- qualified replacement cannot be obtained in a timely manner, and (2) the Owner approves performance of the Work by the CMAR. In the event the CMAR performs a portion of the Work under this paragraph, the CMAR shall be entitled to its actual direct cost to perform the Work, including direct labor costs with reasonable burden, actual material costs, actual equipment costs, and actual subcontract payments, without markup for overhead or profit. Any other direct costs of the Work performed by the CMAR will only be paid if approved by the Owner in advance of performing the Work. 7.1.5 Elements of the Guaranteed Maximum Price The Guaranteed Maximum Price shall include the total Cost of the Work, including the CMAR Fee for Services, the 21