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5 <br /> Orange County, NC I CONSTRUCTION MANAGER AT RISK CONTRACT I CONFIDENTIAL DRAFT <br /> RECITALS <br /> WHEREAS, the Owner issued a Request for Qualifications ("RFQ")seeking a Construction Manager at Risk to <br /> furnish professional construction management services during the design and construction of the Project <br /> identified herein; and <br /> WHEREAS, the CMAR submitted a responsive Statement of Qualifications and was selected by the Owner <br /> following evaluation pursuant to N.C. Gen. Stat. § 143-128.1; and <br /> WHEREAS, the Owner and CMAR desire to enter into this Contract to define their respective rights and <br /> obligations for pre-construction services during the design phase and, contingent upon execution of the GMP <br /> Amendment described herein, for construction services; <br /> NOW, THEREFORE, for the mutual covenants and consideration set forth herein, the Owner and CMAR agree <br /> as follows: <br /> ARTICLE 1 : DEFINITIONS <br /> As used in this Contract, the following terms shall have the meanings set forth below: <br /> 1.1 "Owner"means Orange County, North Carolina.The Owner shall designate an Owner's Representative <br /> who shall serve as the CMAR's primary contact. The current Owner's Representative is: _Alan <br /> Dorman <br /> 1.2 "Construction Manager at Risk"or"CMAR"means the firm identified on the cover page of this Contract, <br /> acting as the Owner's fiduciary pursuant to N.C. Gen. Stat. § 143-128.1(c), responsible for establishing the <br /> Guaranteed Maximum Price and ensuring timely, quality completion of the Project within that price. <br /> 1.3 "Project" means the total construction Work to be performed under this Contract as described in the <br /> Project Data Sheet attached as Exhibit A. <br /> 1.3.1 "Project Team,""Project Design Team,"or"Design Team"consists of the Owner,the Project Designer, <br /> the CMAR and others as identified in the RFQ. <br /> 1.4 "Project Designer" means the firm or firms of architect(s), engineer(s), or design professional(s) <br /> retained by the Owner to design the Project, together with their consultants and subconsultants. <br /> 1.5 "Contract Documents" means this Contract, the RFQ and all its attachments, the CMAR's Proposal, <br /> the GMP Amendment(s), all Exhibits hereto, and all written amendments and change orders executed by <br /> the parties. <br /> 1.6 "Construction Documents" means the drawings, specifications, and other instruments prepared by the <br /> Project Designer defining the scope of the Work, as approved in writing by the Owner. <br /> 1.7 "Phase 1" or"Pre-Construction Phase" means the period commencing upon execution of this Contract <br /> and concluding upon execution of the GMP Amendment for Phase 2, during which the CMAR provides pre- <br /> construction services as defined in Article 3. <br /> 1.8 "Phase 2" or "Construction Phase" means the period commencing upon execution of the GMP <br /> Amendment and concluding upon Final Completion, during which the CMAR performs construction <br /> services. <br /> 1.9 "GMP" or "Guaranteed Maximum Price" means the maximum total cost to the Owner for the Work, <br /> including Cost of the Work, CMAR-GMP Contingency, General Conditions, and CMAR Fee, established <br /> pursuant to Article 4, including any referenced Exhibit(s). <br /> 1.10 "GMP Amendment" means the formal written amendment to this Contract, executed by both parties <br /> and approved by Orange County Board of Commissioners (the "Board") where required, that establishes <br /> the GMP, construction schedule, and bonds and authorizes commencement of Phase 2. <br /> 1.11 "Cost of the Work" means all costs properly allocable to the Project. <br /> 1.12 "Total Construction Budget" means the maximum amount approved by the Board for the Project, <br /> inclusive of GMP, Owner's Contingency, and all project-related costs. <br /> Page 2 of 35 <br />