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9 <br /> Orange County, NC I CONSTRUCTION MANAGER AT RISK CONTRACT I CONFIDENTIAL DRAFT <br /> The Owner shall: (a) provide the CMAR with timely access to the Project Designer and design documents; (b) <br /> respond to CMAR Budget Status Reports and constructability reviews within fifteen (15) days; (c) inform the <br /> CMAR promptly of any changes to the Total Construction Budget or project program; and (d) make all go/no- <br /> go decisions at design milestones in a timely manner to avoid schedule delay. <br /> 4.8 Phase Transition Checkpoint <br /> Before submission of the final GMP, the CMAR shall certify in writing to the Owner that: <br /> (a) All Phase 1 deliverables identified in Exhibit B have been completed and accepted by the Owner; <br /> (b) The CMAR has no known unresolved claims, disputes, or entitlements arising from Phase 1; <br /> (c) The GMP submission represents the CMAR's best, complete, and good-faith estimate of the cost of <br /> the Work based on the Construction Documents; <br /> (d) The CMAR has completed subcontractor pre-qualification and is prepared to commence public bidding <br /> upon Owner authorization; <br /> (e) All Key Personnel proposed for Phase 2 have been identified and are available. <br /> The Owner may withhold authorization to submit the GMP until the Phase Transition Checkpoint certification <br /> has been received and found satisfactory. <br /> 4.9 Phase 1 Termination <br /> The Owner may terminate Phase 1 at any time for any reason upon written notice to the CMAR. Upon such <br /> termination: <br /> (f) The CMAR shall immediately cease Phase 1 services and submit a final invoice for services performed <br /> to the date of termination; <br /> (g) The CMAR's sole entitlement shall be the Pro-Rata Pre-Construction Fee for services performed and <br /> accepted, plus documented direct costs incurred in connection with wind-down; <br /> (h) The CMAR shall promptly deliver to the Owner all work product, cost estimates, schedule data, <br /> subcontractor pre-qualification files, and project documents; <br /> (i) The CMAR shall have no entitlement to the CMAR Fee, General Conditions, or any Phase 2 <br /> compensation; <br /> (j) If the Owner terminates Phase 1 due to the CMAR's material breach of Phase 1 obligations, the Owner <br /> may offset the cost of engaging a replacement CMAR against amounts otherwise due for completed <br /> Phase 1 services. <br /> 4.10 Transition to Phase 2 <br /> Phase 1 shall conclude and Phase 2 shall commence upon the Owner's execution of the GMP Amendment. <br /> The GMP Amendment shall not be executed until: (a) the CMAR has submitted and the Owner has reviewed <br /> the final GMP; (b) the Board has approved the GMP; (c) the CMAR has delivered Performance and Payment <br /> Bonds in the GMP amount plus the Owner's allowance; and (d) all required insurance certificates have been <br /> approved by the Owner. <br /> ARTICLE 5: GMP DEVELOPMENT AND OWNER'S APPROVAL PROCESS <br /> 5.1 GMP Submission <br /> Following the Owner's and Project Designer's approval of the final Construction Documents, and in accordance <br /> with the schedule established in Exhibit B, the CMAR shall develop and submit to the Owner a Guaranteed <br /> Maximum Price for the entire Project. The GMP submission shall include: <br /> (a) A complete list of all Construction Documents forming the basis of the GMP; <br /> Page 6 of 35 <br />