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Page 1 of 53 <br />5-2-25 <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 <br />into this the 22nd of April 2025, between: Gilbane Building Company (hereinafter the “Construction Manager at <br />Risk” or “CM” or “CMAR”) and Orange County, North Carolina, a political subdivision of the State of North <br />Carolina (hereinafter the “Owner”). <br />For the Project: Crisis Diversion Facility <br />WITNESSETH: <br />Whereas the Owner published a Request for Qualifications (“RFQ”), the 7th day of January, 2025, 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 02/06/2025, 04/03/2025, <br />and subsequently submitted a fee proposal; and <br />Whereas the Owner has evaluated the Statement of Qualifications and approved, on 04/15/2025, 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 />Docusign Envelope ID: 5A9E3BC2-EAE1-4C35-82D9-B4D6A375FA78