Agenda - 04-15-2025; 6-c - Approval of a Contract with Gilbane for Construction Manager-At-Risk Services for the Crisis Diversion Facility and Approval of Budget Amendment #8-A

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12 5.6. Unless otherwise agreed by the Owner, and provided that the Total Construction Budget remains $ , the total CMAR-GMP Contingency for the Project shall not exceed$ . If the Owner changes the Total Construction Budget, the CMAR-GMP Contingency shall not exceed four percent (4.0%), as a value line item of the sum of the Cost of the Work and the CMAR General Conditions, all as more fully defined in this Contract, as of the date when the final GMP is established and approved by the Owner, subject to modification and limitation as set forth herein. When each GMP is fixed, the CMAR-GMP Contingency for that GMP shall be converted to a lump sum. The entire CMAR Contingency shall be fixed in the final GMP, based on the Total Construction Budget at the time of the final GMP,after which the CMAR Contingency shall not be adjusted unless an amount is negotiated with Owner requested Change Orders to the Work of the Project. 5.7. The amount of the CMAR-GMP Contingency is to be reviewed by the Owner as part of its review of each GMP. The Owner retains the right to specifically request revisions to the amount of the CMAR-GMP Contingency prior to the Owner's acceptance and approval of each GMP. If, after a contingency is fixed as part of a GMP proposal, the contract prices are lower than anticipated, the CMAR and Owner agree that the CMAR-GMP Contingency shall not be reduced prior to completion of that GMP phase. In the event that the CMAR is not required to use any or all of the CMAR-GMP Contingency for a particular GMP it shall be carried forward to each subsequent GMP. After final completion of the Project, the Owner shall pay the CMAR Thirty percent(30%) of the unused CMAR-GMP Contingency. In the event that there are any funds remaining in any special or dedicated Owner's allowance,those funds shall be retained solely by the Owner. 6.PROJECT DESIGNER'S STATUS 6.1. The Project Designer shall provide liaison and necessary inspection of the Work to ensure compliance with the Construction Documents. The Project Designer is the agent of the Owner only for the purposes and to the extent stipulated in the various Contract Documents. The Project Designer has authority to stop Work or to order Work removed,or to order corrections of faulty or non-compliant Work where such action may be necessary to assure successful completion of the Work. 6.2. The Project Designer is the impartial interpreter of the Contract Documents, and, as such, shall exercise its powers under the Contract to enforce faithful performance by both the Owner and the CMAR,taking sides with neither. 6.3. Should the Project Designer cease to be employed on the Project for any reason whatsoever, then the Owner shall employ a competent replacement who shall assume the status of the former Project Designer. 6.4. The Project Designer will make periodic inspections of the Project at intervals appropriate to the stage of construction.The Project Designer will inspect the progress,the quality and the quantity of the Work and shall verify work in place for purposes of payment and verification of payment applications. 6.5. The Project Designer and the Owner shall have access to the Work whenever it is in preparation and progress during normal working hours. The CMAR shall provide facilities for such access so the Project Designer may perform its functions under the Contract Documents. 6.6. Based on the Project Designer's inspections and evaluations of the Project, the Project Designer shall issue interpretations, directives, and decisions as may be necessary to assist the CMAR in the administration of the Project. The Project Designer's decisions relating to artistic effect and technical matters shall be final, provided such decisions are within the limitations of the Contract. The CMAR's decisions, however, relating to means and methods, and administration of the contracts the CMAR holds are final. Page 9 of 52 Revised 12/24,4/25