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7 <br /> Orange County, NC I CONSTRUCTION MANAGER AT RISK CONTRACT I CONFIDENTIAL DRAFT <br /> Phase 2 for any reason, the CMAR's sole entitlement shall be the Pre-Construction Fee for services <br /> performed, subject to Article 4.10. <br /> 2.5 The CMAR shall familiarize itself with all available Project funding and shall work with the Owner and <br /> Project Designer to maximize the scope and quality of the Project within the Total Construction Budget. <br /> 2.6 The CMAR shall not perform any act that would constitute the practice of architecture, engineering, or <br /> other licensed professional service. Nothing herein requires the CMAR to ascertain that the Contract <br /> Documents comply with applicable laws; however, the CMAR shall promptly report any known <br /> nonconformities to the Project Designer in writing. <br /> ARTICLE 3: PROJECT DESIGNER <br /> 3.1 The Project Designer shall provide a liaison and necessary inspection of the Work to ensure <br /> compliance with the Construction Documents. The Project Designer is the agent of the Owner only for the <br /> purposes and to the extent stipulated in the various Contract Documents. The Project Designer has <br /> authority to stop Work or to order Work removed, or to order corrections of faulty or non-compliant Work <br /> where such action may be necessary to assure successful completion of the Work. <br /> 3.2 The Project Designer is the impartial interpreter of the Contract Documents, and,as such,shall exercise <br /> its powers under the Contract to enforce faithful performance by both the Owner and the CMAR, taking <br /> sides with neither. <br /> 3.3 Should the Project Designer cease to be employed on the Project for any reason whatsoever, then the <br /> Owner shall employ a competent replacement who shall assume the status of the former Project Designer. <br /> 3.4 The Project Designer will make periodic inspections of the Project at intervals appropriate to the stage <br /> of construction. The Project Designer will inspect the progress, the quality and the quantity of the Work and <br /> shall verify work in place for purposes of payment and verification of payment applications. <br /> 3.5 The Project Designer and the Owner shall have access to the Work whenever it is in preparation and <br /> progress during normal working hours. The CMAR shall provide facilities for such access so the Project <br /> Designer may perform its functions under the Contract Documents. <br /> 3.6 Based on the Project Designer's inspections and evaluations of the Project, the Project Designer shall <br /> issue interpretations, directives, and decisions as may be necessary to assist the CMAR in the <br /> administration of the Project. The Project Designer's decisions relating to artistic effect and technical <br /> matters shall be final, provided such decisions are within the limitations of the Contract. The CMAR's <br /> decisions, however, relating to means and methods, and administration of the contracts the CMAR holds <br /> are final. <br /> ARTICLE 4: PHASE 1 - PRE-CONSTRUCTION SERVICES <br /> 4.1 Scope of Pre-Construction Services <br /> During Phase 1, the CMAR shall provide the following services at each design milestone: <br /> 4.1.1 Constructability Reviews. At each design milestone identified in Exhibit B (Phase 1 Deliverables <br /> Schedule), the CMAR shall review the Project Designer's drawings and specifications for constructability, <br /> coordination, and completeness. The CMAR shall submit written constructability review comments within <br /> twenty-one (21) days of receipt of each milestone submission. Silence beyond this period shall constitute <br /> acceptance of the documents as constructable without known issues. <br /> 4.1.2 Cost Estimating. The CMAR shall prepare detailed independent cost estimates at Schematic Design <br /> (SD), Design Development (DD), and Construction Document (CD) milestones. Each estimate shall be <br /> organized by trade, CSI division, and anticipated subcontract package. The CMAR shall certify in writing at <br /> each milestone whether the Project is tracking within the Total Construction Budget and, if not, shall identify <br /> the variance and proposed remediation within ten (10) days. <br /> 4.1.3 Schedule Development. The CMAR shall develop and maintain a master project schedule <br /> incorporating pre-construction milestones, design review periods, subcontractor pre-qualification, bidding, <br /> Page 4 of 35 <br />