2018-325-E AMS - Bordeaux Construction Co. Northern Campus construction

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DocuSign Envelope ID: 04E136D1 -507C- 4219- BF16- 446F8D2192F8 ORANGE COUNTY CONSTRUCTION MANAGER AT RISK CONTRACT NORTH CAROLINA FOR CONSTRUCTION SERVICES This Construction Manager at Risk Contract for Construction Services (hereinafter the "Contract ") is entered into this the Is` of July, 2018, between: Bordeaux Construction Company (hereinafter the "Construction Manager at Risk" or "CM" or "CMAR ") and Orange County, North Carolina, a political subdivision of the State of North Carolina (hereinafter the "Owner "). For the Project: Northern Orange County Campus WITNESSETH: Whereas the Owner published a Request for Qualifications #5249( "RFQ "), the 3rd day of May, 2018 seeking the submission of Statements of Qualifications to act as a Construction Manager at Risk to furnish professional construction management services during the design and construction of the Project identified and described in that Request for Qualifications; and Whereas the undersigned CMAR submitted a responsive Statement of Qualifications dated June 10th, 2018 and subsequently submitted a fee proposal; and Whereas the Owner has evaluated the Statement of Qualifications and approved, on June 26`h, 2018, the selection of the undersigned CMAR to furnish professional construction management services during the design and construction of the Project; and Whereas the CMAR and the Owner now wish to form and memorialize their agreement for Construction Services pursuant to the terms of the RFQ; Now therefore, for the consideration hereinafter set forth, the CMAR and the Owner agree as follows: 1. GENERAL SCOPE AND INTENT 1.1. For the fee, allowances and other sums set forth herein, the CMAR undertakes to act as the Owner's fiduciary (GS 143- 128.1(c)) and to furnish professional construction management services during the Project. In broad terms, under this Contract, the CMAR will perform construction services, as generally defined in the RFQ, with General Conditions services being provided on a not -to- exceed allowance basis, and all construction being accomplished through the CMAR's Subcontractors, selected as provided herein. The CMAR shall furnish efficient engineering reviews, business administration and field supervision, and shall use its best efforts to see to 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. The Work of the Project will be divided into construction phases. The CMAR shall provide a Guaranteed Maximum Price for each construction phase, as more fully defined herein. 1.2. During the construction of the Work, the CMAR will provide all services to coordinate, manage and effect the construction of the Work (including the provision of General Conditions services and the award and management of all Subcontracts) including without limitation: change order review; quality control inspections; schedule maintenance; cost control measures; all meetings; shop drawing review; processing, tracking and monitoring of Requests For Information and substitution requests; resolution of claims by all Subcontractors; all inspections, including inspections by regulatory agencies, the Project Designer, the Owner's Representative, and the Owner's other technical inspectors; and close out documents with the Owner and Project Designer. 1.3. The CMAR shall familiarize itself with all available Project funding and Work with the Owner and Project Designer to maximize the scope and quality of the Project based upon the available funds. Page 1 of 53 Revised 10/17