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4 <br /> Attachment 1 <br /> ORANGE COUNTY CONSTRUCTION MANAGER AT RISK CONTRACT <br /> NORTH CAROLINA FOR CONSTRUCTION SERVICES <br /> This Construction Manager at Risk Contract for Construction Services(hereinafter the"Contract")is entered into <br /> this the of 20 ,between: (hereinafter the"Construction Manager at Risk"or"CM"or <br /> "CMAR")and Orange County,North Carolina,a political subdivision of the State of North Carolina(hereinafter <br /> the"Owner"). <br /> For the Project: <br /> WITNESSETH: <br /> Whereas the Owner published a Request for Qualifications ("RFQ"), the day of seeking the <br /> submission of Statements of Qualifications to act as a Construction Manager at Risk to furnish professional <br /> construction management services during the design and construction of the Project identified and described in that <br /> Request for Qualifications;and <br /> Whereas the undersigned CMAR submitted a responsive Statement of Qualifications dated and <br /> subsequently submitted a fee proposal;and <br /> Whereas the Owner has evaluated the Statement of Qualifications and approved, on , the selection of the <br /> undersigned CMAR to furnish professional construction management services during the design and construction of <br /> the Project;and <br /> Whereas the CMAR and the Owner now wish to form and memorialize their agreement for Construction Services <br /> pursuant to the terms of the RFQ; <br /> Now therefore,for the consideration hereinafter set forth,the CMAR and the Owner agree as follows: <br /> 1.GENERAL SCOPE AND INTENT <br /> 1.1. For the fee, allowances and other sums set forth herein, the CMAR undertakes to act as the <br /> Owner's fiduciary(GS 143-128.1(c))and to furnish professional construction management services <br /> during the Project. In broad terms, under this Contract, the CMAR will perform construction <br /> services, as generally defined in the RFQ, with General Conditions services being provided on a <br /> not-to-exceed allowance basis, and all construction being accomplished through the CMAR's <br /> Subcontractors, selected as provided herein. The CMAR shall furnish efficient constructability <br /> reviews,business administration and field supervision, and shall use its best efforts to see to it that <br /> the Work of the Project is done in the best and most expeditious, economical manner consistent <br /> with the interests of the Owner,and in strict conformity with the Contract Documents,including all <br /> Work reasonably inferable therefrom. The Work of the Project will be divided into construction <br /> phases. The CMAR shall provide a Guaranteed Maximum Price for construction phase, as more <br /> fully defined herein. <br /> 1.2. During the construction of the Work, the CMAR will provide all services to coordinate, manage <br /> and effect the construction of the Work(including the provision of General Conditions services and <br /> the award and management of all Subcontracts) including without limitation: change order review; <br /> quality control inspections; schedule maintenance; cost control measures; all meetings; shop <br /> drawing review; processing,tracking and monitoring of Requests For Information and substitution <br /> requests; resolution of claims by all Subcontractors; all inspections, including inspections by <br /> regulatory agencies, the Project Designer, the Owner's Representative, and the Owner's other <br /> technical inspectors;and close out documents with the Owner and Project Designer. <br />