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17 <br /> Orange County, NC I CONSTRUCTION MANAGER AT RISK CONTRACT I CONFIDENTIAL DRAFT <br /> are to be received and approved by the Owner before work commences. However, failure to obtain the <br /> required documents prior to the work beginning shall not waive the Contractor's obligation to provide them. <br /> The Owner reserves the right to require complete, certified copies of all required insurance policies, <br /> including endorsements required by these specifications, at any time. Owner reserves the right to modify <br /> these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or <br /> other special circumstances. <br /> ARTICLE 12: TIME OF COMPLETION AND LIQUIDATED DAMAGES <br /> 12.1 Pre-Construction Schedule. Phase 1 shall be completed in accordance with the milestone schedule <br /> set forth in Exhibit B. Time is of the essence with respect to all Phase 1 milestones. <br /> 12.2 Construction Schedule. Upon execution of the GMP Amendment, the CMAR shall complete the Work <br /> and achieve Substantial Completion within the number of calendar days specified in the GMP Amendment. <br /> Final Completion shall occur within thirty(30) days after Substantial Completion. Time is of the essence. <br /> 12.3 Extensions of Time. The CMAR may be entitled to an extension of the Contract Time (but not an <br /> increase in the GMP except as specified)for delays caused by: (a)acts or omissions of the Owner or Project <br /> Designer; which shall also entitle the CMAR to an increase in the GMP; (b) Owner-directed changes; (c) <br /> unusually severe weather not reasonably anticipated (based on a 20-year NOAA average for the locality); <br /> (d)force majeure events under Article 28; (e) labor disputes at the Project site beyond the CMAR's control; <br /> (f)public health crises including government-ordered work stoppages.Time extensions shall not be granted <br /> for rain, wind, snow, or other natural phenomena of normal intensity. The CMAR shall maintain daily <br /> weather logs signed by the Project Designer for weather delay claims. <br /> 12.4 Claim for Time Extension.Any request for a time extension must be submitted in writing within twenty- <br /> one (21) days of the event causing delay. For continuing delays, written notice shall be provided within <br /> twenty-one (21) days of the delay's commencement, and only one claim is necessary for the continuing <br /> event. Failure to provide timely written notice constitutes a waiver of the time extension claim. <br /> 12.5 Liquidated Damages. If the CMAR fails to achieve Substantial Completion by the required date (as <br /> extended), then following a "grace period" of thirty (30) days the CMAR shall pay the Owner, not as a <br /> penalty but as liquidated damages for breach of the completion obligation, $1,000 per calendar day for each <br /> day beyond the required completion date and grace period. This amount represents a reasonable pre- <br /> estimate of the Owner's actual damages, which are difficult to calculate precisely. The Owner may deduct <br /> liquidated damages from amounts otherwise due the CMAR. Liquidated damages (except for extended <br /> utility charges) shall be the Owner's sole remedy for delay. The CMAR shall not use the CMAR-GMP <br /> Contingency to pay liquidated damages. <br /> 12.6 Concurrent Delays. In the event delays are caused by both the Owner and the CMAR, liquidated <br /> damages shall be apportioned based on each party's degree of responsibility. The burden of proving the <br /> allocation of concurrent delays rests with the CMAR. <br /> 12.7 Acceleration. The Owner may direct the CMAR to accelerate the Work. If acceleration is required due <br /> to an excusable delay and the CMAR provides documented acceleration costs, the GMP shall be adjusted <br /> accordingly by Change Order. If acceleration is required due to the CMAR's unexcused delay, all <br /> acceleration costs shall be borne by the CMAR. <br /> ARTICLE 13: CONSTRUCTION SUPERVISION AND SCHEDULE <br /> 13.1 The CMAR shall maintain a competent, full-time on-site staff adequate to coordinate and supervise <br /> all subcontractor work throughout Phase 2. On-site Key Personnel shall remain assigned to the Project for <br /> the duration of Phase 2 unless the Owner approves a change in writing. <br /> 13.2 CPM Schedule. Within fifteen (15) days of receiving the Phase 2 Notice to Proceed, the CMAR shall <br /> submit a detailed Critical Path Method (CPM) schedule using Primavera P6, Microsoft Project, or an <br /> equivalent Owner-approved platform, showing: all activities; sequential relationships and dependencies; <br /> Page 14 of 35 <br />