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11 <br /> Orange County, NC I CONSTRUCTION MANAGER AT RISK CONTRACT I CONFIDENTIAL DRAFT <br /> of the performance and payment bonds to the amount of the cumulative GMP, including Owner's allowances, <br /> so that at all times a single performance bond and a single payment bond shall be in effect for the entire Project <br /> under contract at that time.All bonds shall be countersigned by an authorized agent and attorney-in-fact for the <br /> bonding company who is licensed to do business in North Carolina. The title "Licensed Resident Agent" shall <br /> appear after the signature.There shall be attached to each copy of the bond a certified copy of power of attorney <br /> properly executed and dated. The seal of the bonding company shall be impressed on each signature page of <br /> the bonds. <br /> 5.7 GMP Adjustment <br /> The GMP shall be adjusted only by duly executed Change Order. No adjustment shall be made for conflicts in <br /> the Contract Documents that the CMAR, in the exercise of professional construction management judgment, <br /> should have identified during Phase 1 constructability reviews. Such costs shall be addressed through the <br /> CMAR-GMP Contingency. <br /> ARTICLE 6: CMAR FEE AND GENERAL CONDITIONS <br /> 6.1 CMAR Fee <br /> The CMAR Fee for Phase 2 services shall not exceed 3.5 % of the sum of the Cost of the Work and CMAR- <br /> GMP Contingency, as established in the GMP Amendment. If the Total Construction Budget changes prior to <br /> the final GMP, the Fee percentage shall be applied to the revised amounts. The CMAR Fee is inclusive of all <br /> home office costs, officers' compensation, home office and local office support staff not included in General <br /> Conditions, home office quality control and safety reviews, and all other overhead and profit. <br /> 6.2 Fee Conversion to Lump Sum <br /> Upon execution of the GMP Amendment, the CMAR Fee shall be converted to a fixed lump sum and included <br /> in the GMP.The Fee shall not be adjusted unless Owner-directed Change Orders increase the total Cost of the <br /> Work by more than five percent (5%) cumulatively, in which case a lump sum adjustment shall be equitably <br /> determined based on proven changes in scope and CMAR effort. <br /> 6.3 General Conditions <br /> The CMAR shall be reimbursed for actual General Conditions costs on a not-to-exceed basis as established in <br /> the GMP Amendment. General Conditions shall be itemized by category and shall include, but not be limited <br /> to: <br /> (a) Mobilization and demobilization <br /> (b) On-site field personnel: Project Manager, Superintendent(s), Project Engineer(s), and Field <br /> Administrative Staff directly and full-time assigned to the Project <br /> (c) Temporary facilities, field offices, and utilities <br /> (d) Safety program, safety materials, and on-site safety personnel (home office safety costs are included <br /> in the CMAR Fee) <br /> (e) Site security <br /> (f) Daily cleanup and debris removal <br /> (g) Surveys and layout services <br /> (h) Progress photography <br /> (i) Performance and Payment Bonds <br /> (j) Project-specific liability insurance and Builder's Risk Insurance <br /> (k) Permits (fees paid directly by Owner unless directed otherwise) <br /> (1) Reproduction of Construction Documents beyond Owner's allowance <br /> (m) Close-out and demobilization <br /> Page 8 of 35 <br />