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2026-259-E-AMS-Samet Corporation-CMAR Preconstruction Services
Orange County, NC | CONSTRUCTION MANAGER AT RISK CONTRACT | CONFIDENTIAL DRAFT Page 1 of 35 ORANGE COUNTY, NORTH CAROLINA CONSTRUCTION MANAGER AT RISK CONTRACT FOR PRE-CONSTRUCTION AND CONSTRUCTION SERVICES Project Name / Description: Link Center Renovation and Sheriff’s Office Evidence Storage Site Address: 200 South Cameron Street County Department: Asset Management Services CMAR Name: Samet Corporation Phase 1 Pre-Construction Fee: $193,339.00 Phase 2 GMP (upon execution of GMP Amendment): $________________________ Funding Source: General Fund Davis-Bacon Act Applies: No Pre-Construction NTP Date: 6/15/2026 Projected GMP Amendment Date: 5/1/2027 Projected Substantial Completion: 8/31/2028 This Contract is made this 20th day of June, 2026 by and between: ___Samet Corporation________________________________ ("Construction Manager at Risk" or "CMAR") and ORANGE COUNTY, NORTH CAROLINA ("Orange County" or "Owner") Docusign Envelope ID: F9219C15-7734-8BC1-823F-A09B8D5DB43E Orange County, NC | CONSTRUCTION MANAGER AT RISK CONTRACT | CONFIDENTIAL DRAFT Page 2 of 35 RECITALS WHEREAS, the Owner issued a Request for Qualifications ("RFQ") seeking a Construction Manager at Risk to furnish professional construction management services during the design and construction of the Project identified herein; and WHEREAS, the CMAR submitted a responsive Statement of Qualifications and was selected by the Owner following evaluation pursuant to N.C. Gen. Stat. § 143-128.1; and WHEREAS, the Owner and CMAR desire to enter into this Contract to define their respective rights and obligations for pre-construction services during the design phase and, contingent upon execution of the GMP Amendment described herein, for construction services; NOW, THEREFORE, for the mutual covenants and consideration set forth herein, the Owner and CMAR agree as follows: ARTICLE 1: DEFINITIONS As used in this Contract, the following terms shall have the meanings set forth below: 1.1 "Owner" means Orange County, North Carolina. The Owner shall designate an Owner's Representative who shall serve as the CMAR's primary contact. The current Owner's Representative is: __Alan Dorman_______________________. 1.2 "Construction Manager at Risk" or "CMAR" means the firm identified on the cover page of this Contract, acting as the Owner's fiduciary pursuant to N.C. Gen. Stat. § 143-128.1(c), responsible for establishing the Guaranteed Maximum Price and ensuring timely, quality completion of the Project within that price. 1.3 "Project" means the total construction Work to be performed under this Contract as described in the Project Data Sheet attached as Exhibit A. 1.3.1 “Project Team,” “Project Design Team,” or “Design Team” consists of the Owner, the Project Designer, the CMAR and others as identified in the RFQ. 1.4 "Project Designer" means the firm or firms of architect(s), engineer(s), or design professional(s) retained by the Owner to design the Project, together with their consultants and subconsultants. 1.5 "Contract Documents" means this Contract, the RFQ and all its attachments, the CMAR's Proposal, the GMP Amendment(s), all Exhibits hereto, and all written amendments and change orders executed by the parties. 1.6 "Construction Documents" means the drawings, specifications, and other instruments prepared by the Project Designer defining the scope of the Work, as approved in writing by the Owner. 1.7 "Phase 1" or "Pre-Construction Phase" means the period commencing upon execution of this Contract and concluding upon execution of the GMP Amendment for Phase 2, during which the CMAR provides pre- construction services as defined in Article 3. 1.8 "Phase 2" or "Construction Phase" means the period commencing upon execution of the GMP Amendment and concluding upon Final Completion, during which the CMAR performs construction services. 1.9 "GMP" or "Guaranteed Maximum Price" means the maximum total cost to the Owner for the Work, including Cost of the Work, CMAR-GMP Contingency, General Conditions, and CMAR Fee, established pursuant to Article 4, including any referenced Exhibit(s). 1.10 "GMP Amendment" means the formal written amendment to this Contract, executed by both parties and approved by Orange County Board of Commissioners (the “Board”) where required, that establishes the GMP, construction schedule, and bonds and authorizes commencement of Phase 2. 1.11 "Cost of the Work" means all costs properly allocable to the Project. 1.12 "Total Construction Budget" means the maximum amount approved by the Board for the Project, inclusive of GMP, Owner's Contingency, and all project-related costs. Docusign Envelope ID: F9219C15-7734-8BC1-823F-A09B8D5DB43E Orange County, NC | CONSTRUCTION MANAGER AT RISK CONTRACT | CONFIDENTIAL DRAFT Page 3 of 35 1.13 "Subcontractor" means any general, mechanical, electrical, plumbing, or specialty contractor, supplier, or vendor who has entered into a direct contract with the CMAR for any portion of the Work, and includes one who furnishes labor, equipment, or other services to completed Work in accordance with the drawings, specifications, and other plans for the Project. The term Subcontractor shall include, where appropriate, sub-subcontractors. 1.14 "Substantial Completion" means the stage when the Work is sufficiently complete in accordance with the Contract Documents such that the Owner can occupy and utilize the Project for its intended purpose, as certified by the Project Designer. 1.15 "Final Completion" means completion of all Work, satisfaction of all closeout requirements, and acceptance of the Project by the Owner. 1.16 "Change Order" means a written order signed by the CMAR, Project Designer, and Owner authorizing a change in the Work, Contract Sum, or Contract Time after execution of the GMP Amendment. 1.16.1 "Construction Change Directive" or "CCD" means a written instruction signed by the Owner and Project Designer directing a change in the Work before agreement on adjustment in GMP or Contract Time, as described in Article 18.7. 1.17 "CMAR-GMP Contingency" means the contingency included within the GMP for CMAR's use to cover unanticipated costs that do not result in a change to the GMP, as described in Article 5. 1.18 "Owner's Contingency" means funds held by the Owner outside the GMP for Owner-directed scope changes and other costs not covered by the GMP. 1.19 "Shared Savings" means the difference between the final approved GMP and the total actual cost of the Work upon Final Completion, to be allocated 75% to the Owner and 25% to the CMAR pursuant to Article 7. 1.20 "Key Personnel" means the CMAR staff identified in Exhibit C whose assignment to the Project requires Owner approval. 1.21 "Pre-Construction Fee" means the fixed fee for Phase 1 services as set forth in Article 3. 1.22 "CMAR Fee" means the fee for Phase 2 construction management services as set forth in Article 6. 1.23 "General Conditions" means the direct project costs for on-site management, supervision, and field support during Phase 2, as described in Article 6. 1.24 "Request for Information" or "RFI" means a written request from the CMAR to the Project Designer seeking clarification or interpretation of the Contract Documents. 1.25 "Liquidated Damages" means the daily amount payable by the CMAR to the Owner for each day of unexcused delay beyond the required Substantial Completion date, as set forth in Article 12. ARTICLE 2: GENERAL SCOPE AND CONTRACT STRUCTURE 2.1 This Contract is structured in two phases. Phase 1 (Pre-Construction Services) commences immediately upon execution. Phase 2 (Construction Services) commences only upon execution of the GMP Amendment. The terms and conditions governing both phases are set forth herein. 2.2 The CMAR shall serve as the Owner's fiduciary pursuant to N.C. Gen. Stat. § 143-128.1(c), acting in the Owner's best interests at all times. The CMAR shall use its best efforts to complete the Project within the Total Construction Budget, on schedule, and in accordance with the Contract Documents. 2.3 The CMAR shall collaborate with the Owner and Project Designer as an integrated Project Team from the outset of design through Final Completion. The Project Team shall include the Owner, the Project Designer, and the CMAR. The Owner, subject to the BOCC’s approval, shall be the final decision-making authority on all Project Team disputes, subject to the dispute resolution procedures in Article 23. 2.4 The Owner is not obligated to proceed to Phase 2. Execution of the GMP Amendment is entirely at the Owner's discretion and subject to the Board’s approval of the GMP. If the Owner elects not to proceed to Docusign Envelope ID: F9219C15-7734-8BC1-823F-A09B8D5DB43E Orange County, NC | CONSTRUCTION MANAGER AT RISK CONTRACT | CONFIDENTIAL DRAFT Page 4 of 35 Phase 2 for any reason, the CMAR's sole entitlement shall be the Pre-Construction Fee for services performed, subject to Article 4.10. 2.5 The CMAR shall familiarize itself with all available Project funding and shall work with the Owner and Project Designer to maximize the scope and quality of the Project within the Total Construction Budget. 2.6 The CMAR shall not perform any act that would constitute the practice of architecture, engineering, or other licensed professional service. Nothing herein requires the CMAR to ascertain that the Contract Documents comply with applicable laws; however, the CMAR shall promptly report any known nonconformities to the Project Designer in writing. ARTICLE 3: PROJECT DESIGNER 3.1 The Project Designer shall provide a liaison and necessary inspection of the Work to ensure compliance with the Construction Documents. The Project Designer is the agent of the Owner only for the purposes and to the extent stipulated in the various Contract Documents. The Project Designer has authority to stop Work or to order Work removed, or to order corrections of faulty or non-compliant Work where such action may be necessary to assure successful completion of the Work. 3.2 The Project Designer is the impartial interpreter of the Contract Documents, and, as such, shall exercise its powers under the Contract to enforce faithful performance by both the Owner and the CMAR, taking sides with neither. 3.3 Should the Project Designer cease to be employed on the Project for any reason whatsoever, then the Owner shall employ a competent replacement who shall assume the status of the former Project Designer. 3.4 The Project Designer will make periodic inspections of the Project at intervals appropriate to the stage of construction. The Project Designer will inspect the progress, the quality and the quantity of the Work and shall verify work in place for purposes of payment and verification of payment applications. 3.5 The Project Designer and the Owner shall have access to the Work whenever it is in preparation and progress during normal working hours. The CMAR shall provide facilities for such access so the Project Designer may perform its functions under the Contract Documents. 3.6 Based on the Project Designer’s inspections and evaluations of the Project, the Project Designer shall issue interpretations, directives, and decisions as may be necessary to assist the CMAR in the administration of the Project. The Project Designer’s decisions relating to artistic effect and technical matters shall be final, provided such decisions are within the limitations of the Contract. The CMAR’s decisions, however, relating to means and methods, and administration of the contracts the CMAR holds are final. ARTICLE 4: PHASE 1 — PRE-CONSTRUCTION SERVICES 4.1 Scope of Pre-Construction Services During Phase 1, the CMAR shall provide the following services at each design milestone: 4.1.1 Constructability Reviews. At each design milestone identified in Exhibit B (Phase 1 Deliverables Schedule), the CMAR shall review the Project Designer's drawings and specifications for constructability, coordination, and completeness. The CMAR shall submit written constructability review comments within twenty-one (21) days of receipt of each milestone submission. Silence beyond this period shall constitute acceptance of the documents as constructable without known issues. 4.1.2 Cost Estimating. The CMAR shall prepare detailed independent cost estimates at Schematic Design (SD), Design Development (DD), and Construction Document (CD) milestones. Each estimate shall be organized by trade, CSI division, and anticipated subcontract package. The CMAR shall certify in writing at each milestone whether the Project is tracking within the Total Construction Budget and, if not, shall identify the variance and proposed remediation within ten (10) days. 4.1.3 Schedule Development. The CMAR shall develop and maintain a master project schedule incorporating pre-construction milestones, design review periods, subcontractor pre-qualification, bidding, Docusign Envelope ID: F9219C15-7734-8BC1-823F-A09B8D5DB43E Orange County, NC | CONSTRUCTION MANAGER AT RISK CONTRACT | CONFIDENTIAL DRAFT Page 5 of 35 and construction phases. The schedule shall be updated within fifteen (15) days of each design milestone submission. 4.1.4 Subcontractor Pre-Qualification. No later than sixty (60) days before submission of the final GMP, the CMAR shall commence pre-qualification of first-tier subcontractors for all major trade packages. Pre- qualification criteria shall be developed jointly by the Owner, Project Designer, and CMAR. 4.1.5 Project Management Systems. The CMAR shall establish and maintain project management systems including document control, RFI tracking, submittal log, and cost control reporting in a platform approved by the Owner. All project data in CMAR-managed platforms is Owner data and shall be accessible to the County at all times. Upon Phase 1 termination or commencement of Phase 2, the CMAR shall ensure the County has full export access to all project data. The CMAR shall maintain cost accounting records on authorized Work performed under unit costs, actual costs for labor and material, or other bases requiring accounting records, and afford the Owner access to these records and preserve them for a period of three (3) years after final payment. The Owner reserves the right to audit these records during that period. 4.1.6 MWBE Outreach. The CMAR shall conduct outreach to MWBE subcontractors during the pre- qualification and bidding preparation phases consistent with the Owner's MWBE goals established in Article 25. 4.1.7 Budget Validation Checkpoints. At each design milestone, the CMAR shall submit a written Budget Status Report to the County certifying: (a) the current estimated project cost; (b) whether the estimate is within the Total Construction Budget; (c) identified risks that could affect cost; and (d) recommended scope or design adjustments if the estimate exceeds the Total Construction Budget. Failure to submit a required Budget Status Report within the specified time is a material deficiency in CMAR's Phase 1 performance. 4.2 Phase 1 Deliverables The specific deliverables, formats, and due dates for each Phase 1 milestone are set forth in Exhibit B (Phase 1 Deliverables Schedule). The Owner shall accept or reject each deliverable in writing within fifteen (15) days of receipt. Deliverables not accepted shall be revised and resubmitted within ten (10) days. 4.3 Phase 1 Fee The Owner shall pay the CMAR a fixed Pre-Construction Fee of $193,339 for all Phase 1 services. The Pre- Construction Fee is inclusive of all CMAR home office costs, personnel, travel, and overhead associated with Phase 1. No additional compensation shall be payable for Phase 1 services except as provided in Section 4.5. 4.4 Phase 1 Payment Schedule The Pre-Construction Fee shall be paid in monthly installments proportionate to the percentage of Phase 1 services completed, as documented in the CMAR's monthly invoice. Invoices shall be submitted by the 1st of each month and paid within forty-five (45) days of receipt and approval by the Owner, in accordance with N.C. Gen. Stat. § 143-134.1. 4.5 Additional Phase 1 Services If the Owner requests services beyond the scope of Section 4.1 (the parties shall negotiate compensation in writing before such services commence. No compensation shall be due for additional reviews necessitated by the CMAR's failure to perform adequate initial reviews. 4.6 Phase 1 Personnel The Key Personnel identified in Exhibit C shall be assigned to the Project throughout Phase 1. The CMAR shall not reassign Key Personnel without the Owner's prior written consent. If Key Personnel must be replaced due to departure from the CMAR's firm or other unavoidable circumstances, the CMAR shall provide the Owner with at least thirty (30) days written notice and a proposed replacement of equal or greater qualifications for Owner’s approval. 4.7 Owner's Obligations During Phase 1 Docusign Envelope ID: F9219C15-7734-8BC1-823F-A09B8D5DB43E Orange County, NC | CONSTRUCTION MANAGER AT RISK CONTRACT | CONFIDENTIAL DRAFT Page 6 of 35 The Owner shall: (a) provide the CMAR with timely access to the Project Designer and design documents; (b) respond to CMAR Budget Status Reports and constructability reviews within fifteen (15) days; (c) inform the CMAR promptly of any changes to the Total Construction Budget or project program; and (d) make all go/no- go decisions at design milestones in a timely manner to avoid schedule delay. 4.8 Phase Transition Checkpoint Before submission of the final GMP, the CMAR shall certify in writing to the Owner that: (a) All Phase 1 deliverables identified in Exhibit B have been completed and accepted by the Owner; (b) The CMAR has no known unresolved claims, disputes, or entitlements arising from Phase 1; (c) The GMP submission represents the CMAR's best, complete, and good-faith estimate of the cost of the Work based on the Construction Documents; (d) The CMAR has completed subcontractor pre-qualification and is prepared to commence public bidding upon Owner authorization; (e) All Key Personnel proposed for Phase 2 have been identified and are available. The Owner may withhold authorization to submit the GMP until the Phase Transition Checkpoint certification has been received and found satisfactory. 4.9 Phase 1 Termination The Owner may terminate Phase 1 at any time for any reason upon written notice to the CMAR. Upon such termination: (f) The CMAR shall immediately cease Phase 1 services and submit a final invoice for services performed to the date of termination; (g) The CMAR's sole entitlement shall be the Pro-Rata Pre-Construction Fee for services performed and accepted, plus documented direct costs incurred in connection with wind-down; (h) The CMAR shall promptly deliver to the Owner all work product, cost estimates, schedule data, subcontractor pre-qualification files, and project documents; (i) The CMAR shall have no entitlement to the CMAR Fee, General Conditions, or any Phase 2 compensation; (j) If the Owner terminates Phase 1 due to the CMAR's material breach of Phase 1 obligations, the Owner may offset the cost of engaging a replacement CMAR against amounts otherwise due for completed Phase 1 services. 4.10 Transition to Phase 2 Phase 1 shall conclude and Phase 2 shall commence upon the Owner's execution of the GMP Amendment. The GMP Amendment shall not be executed until: (a) the CMAR has submitted and the Owner has reviewed the final GMP; (b) the Board has approved the GMP; (c) the CMAR has delivered Performance and Payment Bonds in the GMP amount plus the Owner’s allowance; and (d) all required insurance certificates have been approved by the Owner. ARTICLE 5: GMP DEVELOPMENT AND OWNER'S APPROVAL PROCESS 5.1 GMP Submission Following the Owner’s and Project Designer's approval of the final Construction Documents, and in accordance with the schedule established in Exhibit B, the CMAR shall develop and submit to the Owner a Guaranteed Maximum Price for the entire Project. The GMP submission shall include: (a) A complete list of all Construction Documents forming the basis of the GMP; Docusign Envelope ID: F9219C15-7734-8BC1-823F-A09B8D5DB43E Orange County, NC | CONSTRUCTION MANAGER AT RISK CONTRACT | CONFIDENTIAL DRAFT Page 7 of 35 (b) A detailed cost breakdown organized by trade, CSI division, and subcontract package, showing each anticipated subcontract amount and General Conditions line items; (c) A basis-of-estimate narrative describing all assumptions, qualifications, and clarifications; (d) A list of identified scope gaps, design allowances, and items of uncertainty with the CMAR's recommended allowance for each; (e) The proposed CMAR-GMP Contingency amount and basis; (f) The fixed CMAR Fee for Phase 2; (g) The proposed General Conditions budget, itemized by category; (h) A certified bid tabulation for any scope pre-bid prior to GMP submission; (i) A Phase 2 construction schedule with all major milestones; (j) The proposed Performance and Payment Bond amounts. (k) Any other documents or information Owner deems necessary after giving reasonable notice to CMAR. 5.2 Owner's Review Period The Owner, with assistance from the Project Designer, shall have thirty (30) days following receipt of the complete GMP submission to review, accept, reject, or request revision. The Owner may request additional supporting data, and the CMAR shall respond within five (5) business days. The Owner's review period restarts upon receipt of any substantive revision. 5.3 GMP Negotiation If the GMP exceeds the Total Construction Budget, or if the Owner identifies concerns with the GMP, the parties shall meet and negotiate in good faith to achieve a mutually acceptable GMP. During negotiation, the CMAR shall work with the Owner and Project Designer to identify scope adjustments, alternative systems, or other modifications that reduce cost without materially compromising the project program. The CMAR shall perform this work without additional compensation. 5.4 Owner's Right to Reject The Owner may reject the GMP as submitted or as revised. If the parties cannot reach agreement on a GMP within forty-five (45) days of the Owner's initial rejection, either party may terminate this Contract. Upon such termination, the CMAR shall receive the Pro-Rata Pre-Construction Fee for services performed but shall have no further entitlement. 5.5 GMP Amendment Upon the Board’s approval of the GMP, the parties shall execute the GMP Amendment substantially in the form of Exhibit D attached hereto. The GMP Amendment shall: (a) Identify the approved GMP amount; (b) Incorporate the construction schedule with all milestones; (c) Confirm the fixed CMAR Fee, General Conditions budget, and CMAR-GMP Contingency; (d) Establish the Substantial Completion and Final Completion dates; (e) Set forth Liquidated Damages per Article 12; (f) Confirm the Performance and Payment Bond amounts; (g) List all Construction Documents forming the GMP basis. 5.6 Bonds Upon GMP Execution Within ten (10) days of executing the GMP Amendment, the CMAR shall deliver to the Owner Performance and Payment Bonds each in the amount of one hundred percent (100%) of the GMP plus the Owner’s allowance, executed by a surety company authorized to do business in North Carolina with an A.M. Best rating of A- or better. Bond forms shall conform to N.C. Gen. Stat. § 44A-33 or such other forms as the Owner approves in writing. Each time a new GMP is established and approved by the Owner, the CMAR shall increase the amount Docusign Envelope ID: F9219C15-7734-8BC1-823F-A09B8D5DB43E Orange County, NC | CONSTRUCTION MANAGER AT RISK CONTRACT | CONFIDENTIAL DRAFT Page 8 of 35 of the performance and payment bonds to the amount of the cumulative GMP, including Owner’s allowances, so that at all times a single performance bond and a single payment bond shall be in effect for the entire Project under contract at that time. All bonds shall be countersigned by an authorized agent and attorney-in-fact for the bonding company who is licensed to do business in North Carolina. The title “Licensed Resident Agent” shall appear after the signature. There shall be attached to each copy of the bond a certified copy of power of attorney properly executed and dated. The seal of the bonding company shall be impressed on each signature page of the bonds. 5.7 GMP Adjustment The GMP shall be adjusted only by duly executed Change Order. No adjustment shall be made for conflicts in the Contract Documents that the CMAR, in the exercise of professional construction management judgment, should have identified during Phase 1 constructability reviews. Such costs shall be addressed through the CMAR-GMP Contingency. ARTICLE 6: CMAR FEE AND GENERAL CONDITIONS 6.1 CMAR Fee The CMAR Fee for Phase 2 services shall not exceed 3.5 % of the sum of the Cost of the Work and CMAR- GMP Contingency, as established in the GMP Amendment. If the Total Construction Budget changes prior to the final GMP, the Fee percentage shall be applied to the revised amounts. The CMAR Fee is inclusive of all home office costs, officers' compensation, home office and local office support staff not included in General Conditions, home office quality control and safety reviews, and all other overhead and profit. 6.2 Fee Conversion to Lump Sum Upon execution of the GMP Amendment, the CMAR Fee shall be converted to a fixed lump sum and included in the GMP. The Fee shall not be adjusted unless Owner-directed Change Orders increase the total Cost of the Work by more than five percent (5%) cumulatively, in which case a lump sum adjustment shall be equitably determined based on proven changes in scope and CMAR effort. 6.3 General Conditions The CMAR shall be reimbursed for actual General Conditions costs on a not-to-exceed basis as established in the GMP Amendment. General Conditions shall be itemized by category and shall include, but not be limited to: (a) Mobilization and demobilization (b) On-site field personnel: Project Manager, Superintendent(s), Project Engineer(s), and Field Administrative Staff directly and full-time assigned to the Project (c) Temporary facilities, field offices, and utilities (d) Safety program, safety materials, and on-site safety personnel (home office safety costs are included in the CMAR Fee) (e) Site security (f) Daily cleanup and debris removal (g) Surveys and layout services (h) Progress photography (i) Performance and Payment Bonds (j) Project-specific liability insurance and Builder's Risk Insurance (k) Permits (fees paid directly by Owner unless directed otherwise) (l) Reproduction of Construction Documents beyond Owner's allowance (m) Close-out and demobilization Docusign Envelope ID: F9219C15-7734-8BC1-823F-A09B8D5DB43E Orange County, NC | CONSTRUCTION MANAGER AT RISK CONTRACT | CONFIDENTIAL DRAFT Page 9 of 35 General Conditions shall not include any home office costs, home office personnel, officers' costs, or any other costs deemed included in the CMAR Fee. 6.4 General Conditions — Field Personnel Billing On-site field personnel costs shall be billed at Direct Personnel Expense (actual salary plus customary payroll burden including FICA, FUTA, SUTA, 401(k), health insurance, workers' compensation, paid leave not exceeding thirty (30) days per year). No mark-up for overhead shall be applied to field personnel costs. 6.5 General Conditions Overruns Expenditures in excess of a General Conditions category total are permitted only if the CMAR certifies that identified savings in other General Conditions categories within the same GMP are sufficient to offset the overrun. The CMAR shall be reimbursed only for actual General Conditions costs incurred, with no mark-up. Any General Conditions costs exceeding the total not-to-exceed allowance shall be borne by the CMAR and deemed included in the CMAR Fee, unless arising from an Owner-directed Change Order that extends the construction duration. 6.6 Unused General Conditions Any unused portion of the General Conditions allowance at Final Completion shall revert to the Owner. Unused General Conditions savings are not eligible for Shared Savings treatment under Article 7; only Cost of the Work savings below the GMP give rise to Shared Savings. 6.7 Retainage on Fee No retainage shall be withheld on the CMAR Fee, General Conditions, bonds, insurance, or General Requirements line items. Retainage as described in Article 17 applies only to Cost of the Work (subcontract costs). ARTICLE 7: CONTINGENCY AND SHARED SAVINGS 7.1 Owner's Construction Contingency The Owner shall maintain an Owner's Construction Contingency outside the GMP to fund: (a) Owner-directed scope changes; (b) design errors not reasonably detectable during Phase 1 constructability review; and (c) other costs arising from Owner-initiated changes. The Owner's Contingency shall be established at the time of GMP approval and shall not be included in the GMP. Expenditure of the Owner's Contingency requires written authorization from the Owner and shall be processed as a Change Order. 7.2 CMAR-GMP Contingency The amount of the CMAR-GMP Contingency is to be reviewed by the Owner as part of its review of each GMP. The Owner retains the right to specifically request revisions to the amount of the CMAR-GMP Contingency prior to the Owner’s acceptance and approval of each GMP. If, after a contingency is fixed as part of a GMP proposal, the contract prices are lower than anticipated, the CMAR and Owner agree that the CMAR-GMP Contingency shall not be reduced prior to completion of that GMP phase. If the CMAR is not required to use any or all of the CMAR-GMP Contingency for a particular GMP it shall be carried forward to each subsequent GMP. After final completion of the Project, the Owner shall pay the CMAR Thirty percent (30%) of the unused CMAR-GMP Contingency. In the event that there are any funds remaining in any special or dedicated Owner’s allowance, those funds shall be retained solely by the Owner. 7.3 Shared Savings Docusign Envelope ID: F9219C15-7734-8BC1-823F-A09B8D5DB43E Orange County, NC | CONSTRUCTION MANAGER AT RISK CONTRACT | CONFIDENTIAL DRAFT Page 10 of 35 Upon Final Completion, if the total of the actual Cost of the Work plus the CMAR Fee plus the actual General Conditions is less than the final approved GMP (excluding the Owner's Contingency and the Early Completion Bonus Fund, if any), the resulting savings shall be allocated as follows: (a) Seventy-five percent (75%) of Shared Savings to the Owner; (b) Twenty-five percent (25%) of Shared Savings to the CMAR. (c) The CMAR's Shared Savings payment shall be included in the final payment and shall be subject to the following conditions: (d) The CMAR has achieved Substantial Completion on or before the required date, as extended by duly executed Change Order; (e) No unresolved warranty claims or warranty defaults exist at the time of final payment; (f) No open Change Order disputes or outstanding claims by the Owner against the CMAR exist at the time of final payment; (g) The CMAR has satisfied all closeout requirements of Article 16; (h) The Owner's final audit confirms the actual cost figures supporting the savings calculation. If any of the foregoing conditions are not met at the time of final payment, the Owner shall withhold the CMAR's Shared Savings share until the conditions are satisfied. If conditions remain unsatisfied for more than one hundred eighty (180) days after Final Completion, the Owner may apply the CMAR's withheld Shared Savings share to outstanding claims or warranty costs. Shared Savings shall not exceed 5 % of the final GMP. Any savings in excess of this cap shall be retained solely by the Owner. The unused CMAR-GMP Contingency is not subject to the Shared Savings split. Upon Final Completion, thirty percent (30%) of unused CMAR-GMP Contingency shall be paid to the CMAR and seventy percent (70%) shall be retained by the Owner, provided the CMAR has satisfied all conditions in this Section. 7.4 Early Completion Bonus It is the CMAR’s responsibility to meet the required construction completion dates, as extended by the Owner in accordance with the Contract. As an inducement to the CMAR to meet the required substantial completion date for the Project, the Owner will include in the Total Construction Budget an Early Completion Bonus Fund amount of one percent (1.0%) of the actual Project GMP, which shall be payable to the CMAR as an Early Completion Bonus if the Project is completed prior to the substantial completion date, as extended in accordance with this Contract and further provided that the Project is completed under budget and so long as including payment of the Early Completion Bonus Fund does not result in an amount that exceeds the Total Construction Budget. This Early Completion Bonus, if earned, will be included in the final payment to the CMAR. If the CMAR decides that any action must be taken in order to meet its contractual responsibility to complete the Project on time or to mitigate liquidated damages payable to the Owner, including for example and without limitation forcing Subcontractors to work overtime, increase labor forces or staffing, or work out of sequence, then the CMAR may, upon written notice to the Owner, waive its right to the Early Completion Bonus. Upon notice that the CMAR waives its right to the Early Completion Bonus, the Owner shall make the funds budgeted for the Early Completion Bonus available to the CMAR to pay the actual costs of such action as a Cost of the Work. The CMAR will enforce all rights and remedies that it has against any and all Subcontractors that are responsible for the failure to complete the Project within the schedule, and reimburse the Owner for the sums contributed under this paragraph to the extent the CMAR can recover those costs from those Subcontractors. If the Project is not substantially complete by the substantial completion date as extended, the Early Completion Bonus shall be deemed automatically waived without further notice, and the funds shall be made available to take action to maintain the Project on schedule. Once the funds budgeted for the Early Completion Bonus are exhausted, all costs associated with any action taken to stay within the completion schedule are the CMAR’s responsibility within the GMP. If the CMAR finds that the schedule is likely to be impacted by an action or inaction on the part of the Owner, the CMAR must review the situation with the Owner in a timely manner, and if necessary, to obtain a change order amendment for such Work Docusign Envelope ID: F9219C15-7734-8BC1-823F-A09B8D5DB43E Orange County, NC | CONSTRUCTION MANAGER AT RISK CONTRACT | CONFIDENTIAL DRAFT Page 11 of 35 prior to taking any action which has a time and/or cost impact. All change orders will be settled in full. No caveats for later settlement of time extensions or delays will be accepted. ARTICLE 8: SUBCONTRACTS AND SUBCONTRACTORS 8.1 The CMAR shall determine appropriate bid packages for all trade scopes. Separate bid packages shall be prepared for general construction, electrical, mechanical, plumbing, and fire protection. The CMAR shall publicly advertise all subcontract packages as required by N.C. Gen. Stat. § 143-129 and shall accept bids from pre-qualified first-tier subcontractors. All bids shall be opened publicly and shall constitute public records under N.C. Gen. Stat. Chapter 132. 8.2 The CMAR shall award each subcontract to the lowest responsible, responsive bidder. Prior to award, the CMAR shall submit to the Owner certified bid tabulations, copies of all bids received, MWBE documentation, and the CMAR's written recommendation for award. No award shall be made without the Owner's written concurrence. 8.3 The CMAR may not bid on, or self-perform the Work of, any trade package without the Owner's prior written approval. Self-performance exceeding $100,000 on any single package requires the Board approval. The CMAR hereby discloses the following related-party relationships: _________________________. 8.4 The CMAR shall require Performance and Payment Bonds from each Subcontractor for subcontracts exceeding $500,000, or as otherwise required by the Owner. 8.5 All Subcontractors shall be bound to the CMAR by subcontract terms consistent with the Contract Documents. The CMAR shall include in each subcontract: (a) flow-down of all applicable Contract Document obligations; (b) Owner's right to inspect and audit; (c) MWBE requirements; (d) E-Verify requirements; (e) prompt payment obligations; and (f) the contingent assignment provision of Article 7. 8.6 Contingent Assignment of Subcontracts. Each subcontract agreement for a portion of the Work is hereby assigned by the CMAR to the Owner, subject to the following: (a) Assignment becomes effective only upon termination of this Contract by the Owner for cause under Article 25.2 and the Owner's written acceptance of the specific subcontract; (b) Assignment is subject to the prior rights of any surety under the Performance and Payment Bonds; (c) Upon accepting assignment, the Owner assumes the CMAR's rights and obligations under the assigned subcontract from the date of acceptance; (d) If work under an assigned subcontract has been suspended for more than thirty (30) days following Contract termination, the Subcontractor's compensation shall be equitably adjusted for increased direct costs resulting from the suspension. 8.7 The CMAR shall pay each Subcontractor within seven (7) days of the CMAR's receipt of payment from the Owner, pursuant to N.C. Gen. Stat. § 143-134.1. Retainage withheld from Subcontractors shall not exceed the retainage withheld by the Owner from the CMAR on account of that subcontractor's work. Interest on late payments to Subcontractors shall accrue at twelve percent (12%) per annum from the eighth day. 8.8 Upon completion of all Subcontractor contracts, the CMAR shall deliver to the Owner copies of all subcontracts, lien waivers, and affidavits from Subcontractors confirming full payment. ARTICLE 9: KEY PERSONNEL AND CONDUCT 9.1 The Key Personnel identified in Exhibit C are designated by the CMAR as the individuals who will be assigned to the Project in the roles specified. Key Personnel shall be available to the Project for the duration of the phases specified in Exhibit C. The CMAR shall not reassign, replace, or remove Key Personnel without the Owner's prior written consent. 9.2 Replacement of Key Personnel. If Key Personnel must be replaced due to departure from the CMAR's firm, illness, or other unavoidable circumstance, the CMAR shall: (a) provide the Owner with at least thirty (30) days advance written notice; (b) propose a replacement of equal or greater qualifications; and (c) Docusign Envelope ID: F9219C15-7734-8BC1-823F-A09B8D5DB43E Orange County, NC | CONSTRUCTION MANAGER AT RISK CONTRACT | CONFIDENTIAL DRAFT Page 12 of 35 obtain the Owner's written approval before the replacement assumes duties. The CMAR shall bear all transition and retraining costs. 9.3 Removal of Personnel. The Owner may require the CMAR to remove any employee or Subcontractor employee from the Project for incompetence, carelessness, unsafe practices, misconduct, or any other cause the Owner deems sufficient. The CMAR shall comply within forty-eight (48) hours of written notice. All workers on the Project shall wear Owner-approved identification badges displaying company name, telephone number, employee name, and photograph. The CMAR and its Subcontractors shall comply with the Owner’s access procedures when working on any existing facility. Owner and its representatives reserve the right to require the CMAR to immediately remove any such person(s) failing to comply with this requirement until such time as proper identification requirements are complied with. 9.4 Conduct Standards. The CMAR, its employees, Subcontractors, and their employees shall comply with all at conduct standards, including: (a) no firearms or explosives on Owner property; (b) no profane, lewd, obscene or offensive conduct or language, including sexual harassment; (c) no manufacture, possession, or use of alcohol, controlled substances, or drug paraphernalia on Owner property; (d) no solicitation or sales on Owner property; (e) no smoking or tobacco use inside any enclosed or occupied facility or in areas designated tobacco-free by the Owner. 9.5 Operators of commercial vehicles on Owner property shall be subject to post-accident, random, reasonable suspicion, and follow-up testing for drugs and alcohol. 8.6 The CMAR shall confine its apparatus, the storage of materials and the operations of its workers to limits as indicated by law, ordinances, permits or directions of the Project Designer and Owner’s Representative and shall not exceed those established limits in its operations. 8.7 The CMAR shall not load or permit any part of the structure to be loaded with a weight that will endanger its integrity or safety. 8.8 The CMAR shall enforce the Project Designer’s and Owner’s Representative’s instructions regarding signs and advertisements. ARTICLE 10: TECHNOLOGY, DATA, AND PROJECT MANAGEMENT SYSTEMS 10.1 The CMAR shall use an Owner -approved project management platform (for document management, RFI tracking, submittal logging, change order management, and schedule maintenance. All project data stored in CMAR-managed or CMAR-selected platforms is the property of the Owner. The CMAR shall configure all platforms to allow the Owner real-time read access throughout the Project. 10.2 Upon Final Completion or upon earlier termination of this Contract, the CMAR shall provide the Owner with a complete export of all project data from all CMAR-managed platforms in standard formats (PDF, Excel, native format where applicable) within thirty (30) days. The CMAR shall maintain all project records for a minimum of five (5) years after Final Completion. 10.3 The CMAR shall implement reasonable cybersecurity measures to protect project data, including access controls, password policies, and protection against unauthorized disclosure of Owner data. The CMAR shall notify the Owner within forty-eight (48) hours of any known or suspected data breach affecting project information. 10.4 Technology costs chargeable as General Conditions or Cost of the Work shall be limited to amounts and rates established in the GMP Amendment. Technology costs charged at rates (e.g., per labor hour or per dollar of contract value) shall be approved by the Owner in advance and shall not be modified without written Change Order. Docusign Envelope ID: F9219C15-7734-8BC1-823F-A09B8D5DB43E Orange County, NC | CONSTRUCTION MANAGER AT RISK CONTRACT | CONFIDENTIAL DRAFT Page 13 of 35 10.5 All design drawings, specifications, cost estimates, reports, schedules, and other instruments of service developed in connection with this Project are the property of the Owner and shall be delivered to the Owner within ten (10) days of request. The CMAR may retain one archival copy for legal purposes only. ARTICLE 11: INSURANCE REQUIREMENTS At all times during performance of services under this Contract, the CMAR shall procure and maintain the following insurance from companies authorized to do business in North Carolina with an A.M. Best rating of A- VI or higher. All policies shall contain a waiver of subrogation in favor of the Owner and shall designate the Owner as an additional insured (except Professional Liability and Worker’s Compensation). All policies shall be primary and non-contributing with any Owner insurance. The CMAR shall provide thirty (30) days advance written notice of cancellation or material change. 11.1 Commercial General Liability: $2,000,000 per occurrence / $4,000,000 aggregate, on ISO CG 00 01 form or equivalent, including products and completed operations, bodily injury, property damage, and personal and advertising injury. Products-completed operations coverage shall be maintained for a minimum of six (6) years following Final Completion. 11.2 Commercial Automobile Liability: $2,000,000 per occurrence for any auto. 11.3 Workers' Compensation and Employer's Liability: Workers' Compensation as required by law; Employer's Liability of $1,000,000 per accident. 11.4 Professional Liability (Phase 1): $5,000,000 per occurrence and $5,000,000 aggregate, with an extended reporting period of six (6) years. 11.5 Builder's Risk (Phase 2): All-risk/Special Perils form in the amount of the completed project value, covering interests of the Owner, CMAR, Subcontractors, and sub-subcontractors. Coverage shall include fire, extended coverage, vandalism, malicious mischief, and collapse. 11.6 Pollution Legal Liability: $5,000,000 per occurrence and aggregate. 11.7 Umbrella/Excess Liability: $25,000,000 per occurrence and aggregate, following form of underlying policies. 11.8 The CMAR shall require each Subcontractor to maintain Commercial General Liability of at least $1,000,000 per occurrence / $2,000,000 aggregate, Commercial Auto of $1,000,000, and Workers' Compensation as required by law, or shall cover Subcontractors under the CMAR's own policies. 11.9 All deductibles under required policies are the responsibility of the CMAR. The Owner's requirement of insurance does not represent that coverage and limits are adequate to protect the CMAR or constitute a limitation on the CMAR's liability. 11.10 If the contractor maintains broader coverage and/or higher limits than the minimums shown above, the Owner requires and shall be entitled to the broader coverage and/or the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Owner. 11.11 Builder’s Risk (Course of Construction) Insurance Contractor may submit evidence of Builder’s Risk insurance in the form of Course of Construction coverage. Such coverage shall name the Owner as a loss payee as their interest may appear. If the project does not involve new or major reconstruction, at the option of the Owner, an Installation Floater may be acceptable. For such projects, a Property Installation Floater shall be obtained that provides for the improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, structures, processes, machinery and equipment. The Property Installation Floater shall provide property damage coverage for any building, structure, machinery, or equipment damaged, impaired, broken, or destroyed during the performance of the Work, including during transit, installation, and testing at the Entity’s site. 11.12 Verification of Coverage: Contractor shall furnish the Owner with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause and a copy of the Declarations and Endorsements Pages of the CGL and any Excess policies listing all policy endorsements. All certificates and endorsements and copies of the Declarations & Endorsements pages Docusign Envelope ID: F9219C15-7734-8BC1-823F-A09B8D5DB43E Orange County, NC | CONSTRUCTION MANAGER AT RISK CONTRACT | CONFIDENTIAL DRAFT Page 14 of 35 are to be received and approved by the Owner before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The Owner reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Owner reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. ARTICLE 12: TIME OF COMPLETION AND LIQUIDATED DAMAGES 12.1 Pre-Construction Schedule. Phase 1 shall be completed in accordance with the milestone schedule set forth in Exhibit B. Time is of the essence with respect to all Phase 1 milestones. 12.2 Construction Schedule. Upon execution of the GMP Amendment, the CMAR shall complete the Work and achieve Substantial Completion within the number of calendar days specified in the GMP Amendment. Final Completion shall occur within thirty (30) days after Substantial Completion. Time is of the essence. 12.3 Extensions of Time. The CMAR may be entitled to an extension of the Contract Time (but not an increase in the GMP except as specified) for delays caused by: (a) acts or omissions of the Owner or Project Designer; which shall also entitle the CMAR to an increase in the GMP; (b) Owner-directed changes; (c) unusually severe weather not reasonably anticipated (based on a 20-year NOAA average for the locality); (d) force majeure events under Article 28; (e) labor disputes at the Project site beyond the CMAR's control; (f) public health crises including government-ordered work stoppages. Time extensions shall not be granted for rain, wind, snow, or other natural phenomena of normal intensity. The CMAR shall maintain daily weather logs signed by the Project Designer for weather delay claims. 12.4 Claim for Time Extension. Any request for a time extension must be submitted in writing within twenty- one (21) days of the event causing delay. For continuing delays, written notice shall be provided within twenty-one (21) days of the delay's commencement, and only one claim is necessary for the continuing event. Failure to provide timely written notice constitutes a waiver of the time extension claim. 12.5 Liquidated Damages. If the CMAR fails to achieve Substantial Completion by the required date (as extended), then following a “grace period” of thirty (30) days the CMAR shall pay the Owner, not as a penalty but as liquidated damages for breach of the completion obligation, $1,000 per calendar day for each day beyond the required completion date and grace period. This amount represents a reasonable pre- estimate of the Owner's actual damages, which are difficult to calculate precisely. The Owner may deduct liquidated damages from amounts otherwise due the CMAR. Liquidated damages (except for extended utility charges) shall be the Owner's sole remedy for delay. The CMAR shall not use the CMAR-GMP Contingency to pay liquidated damages. 12.6 Concurrent Delays. In the event delays are caused by both the Owner and the CMAR, liquidated damages shall be apportioned based on each party's degree of responsibility. The burden of proving the allocation of concurrent delays rests with the CMAR. 12.7 Acceleration. The Owner may direct the CMAR to accelerate the Work. If acceleration is required due to an excusable delay and the CMAR provides documented acceleration costs, the GMP shall be adjusted accordingly by Change Order. If acceleration is required due to the CMAR's unexcused delay, all acceleration costs shall be borne by the CMAR. ARTICLE 13: CONSTRUCTION SUPERVISION AND SCHEDULE 13.1 The CMAR shall maintain a competent, full-time on-site staff adequate to coordinate and supervise all subcontractor work throughout Phase 2. On-site Key Personnel shall remain assigned to the Project for the duration of Phase 2 unless the Owner approves a change in writing. 13.2 CPM Schedule. Within fifteen (15) days of receiving the Phase 2 Notice to Proceed, the CMAR shall submit a detailed Critical Path Method (CPM) schedule using Primavera P6, Microsoft Project, or an equivalent Owner-approved platform, showing: all activities; sequential relationships and dependencies; Docusign Envelope ID: F9219C15-7734-8BC1-823F-A09B8D5DB43E Orange County, NC | CONSTRUCTION MANAGER AT RISK CONTRACT | CONFIDENTIAL DRAFT Page 15 of 35 durations; the critical path; major milestones; long-lead procurement items; required submittals; and required inspection dates. The schedule shall be submitted in both electronic and hard copy formats. 13.3 Schedule Updates. The CMAR shall submit an updated schedule monthly with each pay application, showing: progress achieved; changes to sequencing; impact of any delays; recovery plans for behind- schedule activities; and revised completion dates if applicable. 13.4 Recovery Schedule. If the Work falls more than thirty (30) days behind schedule, the CMAR shall prepare and submit a recovery schedule within fifteen (15) days showing how the CMAR will complete the Work within the Contract Time. Recovery measures shall be at the CMAR's expense unless the delay was caused by the Owner or the Project Designer. 13.5 Weekly Progress Meetings. The CMAR shall conduct weekly progress meetings at the Project site with all active Subcontractors, the Project Designer, and the Owner. The CMAR shall take and distribute minutes within three (3) business days. The CMAR shall also prepare and maintain a daily project diary recording weather, visitors, deliveries, labor counts, and significant events. 13.6 Monthly Reports. The CMAR shall submit monthly reports to the Owner and Project Designer by the 5th of each month, covering: schedule status versus baseline; cost status versus GMP; change order log; submittal and RFI status; safety summary; quality control summary; and workforce and equipment summary. 13.7 If the Work is behind schedule, the CMAR shall immediately notify the Owner and Project Designer in writing and describe corrective measures being taken. ARTICLE 14: SUBMITTALS, SHOP DRAWINGS, AND RFIs 14.1 Submittal Schedule. Within fifteen (15) days of the Phase 2 Notice to Proceed, the CMAR shall submit a comprehensive Submittal Schedule coordinated with the CPM schedule. The schedule shall identify each required submittal, the applicable specification section, anticipated submission date, required review time, and impact on construction sequencing. 14.2 CMAR Review. The CMAR shall review and stamp all shop drawings and submittals before forwarding to the Project Designer, confirming that the submission has been reviewed for Contract Document compliance, coordination, and completeness. The CMAR shall return incomplete submittals to the Subcontractor without forwarding. 14.3 Review Period. The Project Designer shall be allowed fifteen (15) business days to review submittals from the date of receipt of a properly formatted and complete submittal package. If resubmittal is required, the CMAR shall resubmit corrected materials within ten (10) days, and the review period restarts upon receipt. 14.4 Approval Does Not Relieve CMAR. Project Designer approval of shop drawings and submittals is for general conformance with design concept only. Approval does not relieve the CMAR of responsibility for errors or omissions, compliance with Contract Documents, or responsibility for dimensions and quantities, unless the CMAR has specifically called attention to a deviation in a separate written communication. 14.5 Request For Information “RFI” Management. The CMAR shall develop and use a standardized RFI form. All RFIs shall clearly identify the issue, the applicable Contract Document section, and the CMAR's interpretation. The CMAR shall review all RFIs before submission to eliminate frivolous requests. The CMAR shall maintain an RFI log and submit an aging report at each weekly progress meeting. RFIs with cost or time impact shall be immediately communicated to the Owner. 14.6 Substitution Requests. The Owner discourages substitutions. Any substitution request shall be submitted in writing with full technical justification demonstrating equal or superior quality, function, and value. Substitutions shall not be considered if submitted after the deadline established in the specifications. ARTICLE 15: WARRANTY AND GUARANTEE Docusign Envelope ID: F9219C15-7734-8BC1-823F-A09B8D5DB43E Orange County, NC | CONSTRUCTION MANAGER AT RISK CONTRACT | CONFIDENTIAL DRAFT Page 16 of 35 15.1 General Warranty. The CMAR unconditionally warrants and guarantees that all Work is free from defects in materials and workmanship, conforms to the Contract Documents, and is performed in a good and workmanlike manner. This warranty commences on the date of Substantial Completion (or, for work completed after Substantial Completion, on the date such work is completed and accepted by the Owner) and continues for twelve (12) months. 15.2 Extended Warranties. The Owner may require extended warranties for specified building components, including roofing (10-20 years), HVAC equipment, elevators, security systems, and curtain wall systems, as identified in the Construction Documents. Extended warranties shall be issued in the Owner's name and shall be enforceable directly by the Owner against the Subcontractor or manufacturer. The CMAR's responsibility for extended warranties is limited to securing and delivering them; the CMAR is not independently liable beyond its 12-month warranty for matters covered by extended warranties, provided the extended warranty is in place and enforceable. 15.3 Warranty Response Times. The CMAR shall maintain a dedicated warranty point of contact for the full 12-month warranty period. Warranty response shall be tiered as follows: (a) Life-Safety or Emergency Failures (loss of power, fire suppression failure, structural concern, active water intrusion): CMAR shall respond within twenty-four (24) hours of written or oral notice and shall commence corrective Work immediately; (b) Significant Operational Failures (HVAC failure, plumbing failure, substantial leakage): CMAR shall respond within seventy-two (72) hours and shall commence corrective Work within seven (7) calendar days; (c) Non-Urgent Defects: CMAR shall respond within five (5) business days and complete corrective Work within thirty (30) calendar days. 15.4 Owner's Right to Self-Correct. If the CMAR fails to respond or commence Work within the timeframes specified in Section 15.3, the Owner may, after written notice, perform or cause the corrective Work to be performed. The CMAR shall reimburse the Owner for all reasonable costs incurred, including labor, materials, and a fifteen percent (15%) administrative surcharge. The Owner may deduct such costs from retainage, amounts otherwise due the CMAR, or recover through the Performance Bond. 15.5 Warranty Extension. If any portion of the Work is corrected during the warranty period, the warranty for that corrected portion shall be extended for twelve (12) months from the date of correction. 15.6 Warranty Matrix. Within fourteen (14) days of Substantial Completion, the CMAR shall submit a Warranty Matrix identifying: each warranted system or component; warranty duration; warranty commencement date; manufacturer or installer; point of contact; required maintenance actions to preserve warranty; and warranty documentation location. 15.7 Latent Defects. The Owner may bring an action for latent defects not apparent at the time of Final Completion in accordance with applicable North Carolina law. 15.8 Warranty Exclusions. The CMAR's warranty does not cover defects caused by: abuse or misuse by the Owner; failure to perform required maintenance; normal wear and tear; vandalism; acts of God; or work performed by others after Final Completion. This exclusion does not apply to defects resulting from the CMAR's defective Work or improper installation. ARTICLE 16: SUBSTANTIAL COMPLETION AND PROJECT CLOSEOUT 16.1 Substantial Completion. When the CMAR considers the Work substantially complete, the CMAR shall submit to the Project Designer and Owner: (a) a written request for Substantial Completion inspection; and (b) a preliminary punch list of items remaining. The Project Designer shall conduct a Substantial Completion inspection within ten (10) days and issue either a Certificate of Substantial Completion or a written statement of deficiencies. If the Work is found not substantially complete, all reinspection costs shall be assessed to the CMAR. 16.2 Certificate of Substantial Completion. Upon issuance, the Certificate shall establish: the date of Substantial Completion; responsibilities for security, maintenance, utilities, and insurance; the time period Docusign Envelope ID: F9219C15-7734-8BC1-823F-A09B8D5DB43E Orange County, NC | CONSTRUCTION MANAGER AT RISK CONTRACT | CONFIDENTIAL DRAFT Page 17 of 35 for completing punch list items (not to exceed forty-five (45) days); and the commencement date for warranty periods. 16.3 Punch List. The CMAR shall complete all punch list items within forty-five (45) days of Substantial Completion (or such other period specified in the Certificate). If the CMAR fails to complete punch list items within the required period, the Owner may engage others to complete them and deduct the cost, plus a fifteen percent (15%) administrative charge, from amounts otherwise due the CMAR. 16.4 Final Closeout Requirements. Prior to Final Completion, the CMAR shall deliver to the Owner: (a) As-Built Drawings: Complete record drawings in CAD and PDF format, clearly marked 'AS-BUILT' or 'RECORD DRAWINGS,' showing all changes made during construction, exact locations of underground utilities, and actual dimensions and elevations; (b) O&M Manuals: Complete Operations and Maintenance manuals organized by specification section in three-ring binders (3 hard copies) and electronic format (PDF), including operating instructions, maintenance schedules, parts lists, supplier contacts, warranty information, emergency procedures, and a listing of all subcontractors with contact information and warranty coverage periods; (c) Training: Minimum four (4) hours of hands-on training for Owner personnel on all major systems and equipment, during normal business hours, documented in writing; (d) Keys and Access Devices: All keys, access cards, fobs, and codes with a key schedule; (e) Spare Parts: Attic stock, spare filters, spare lamps, touch-up paint, and other items specified in the Contract Documents; (f) Warranty Matrix per Section 15.6; (g) Final lien waivers from all Subcontractors and material suppliers; (h) Affidavit from CMAR that all payrolls, materials, and obligations have been paid; (i) Certificates of Occupancy and all required regulatory approvals; (j) Final MWBE/DBE utilization report; (k) Consent of Surety to Final Payment. 16.5 Final Acceptance. Final Acceptance shall occur when the Owner and Project Designer confirm all punch list items are complete, all closeout documentation is submitted and accepted, and the Project Designer issues a Certificate of Final Completion. ARTICLE 17: PAYMENT PROCEDURES 17.1 Schedule of Values. Within fifteen (15) days of the Phase 2 Notice to Proceed, the CMAR shall submit a Schedule of Values allocating the GMP among all portions of the Work, with the CMAR Fee shown as a separate line item. The Schedule of Values shall be approved by the Project Designer before it is used as the basis for progress payments. 17.2 Monthly Pay Applications. The CMAR shall submit Applications for Payment on Owner-approved forms by the 21st of each month for Work completed through the last day of the previous month. Each application shall be submitted simultaneously to the Project Designer and the Owner. Each application shall include: updated Schedule of Values showing percentage complete; NC Sales Tax Affidavit; waivers of lien from Subcontractors; DBE/SBE utilization report; updated CPM schedule; and all other documentation required by the Owner. Applications not including required documentation will be returned without action and shall not start the payment or certification clock. 17.2.1 Project Designer Certification. Within seven (7) days after receipt of a properly submitted and complete Application for Payment, the Project Designer shall either: (a) issue to the Owner a Certificate for Payment, with a copy to the CMAR, for such amount as the Project Designer determines is properly due; or (b) notify the CMAR and Owner in writing of the reasons for withholding certification in whole or in part. The issuance of a Certificate for Payment constitutes the Project Designer's representation to the Owner that, to the best of the Project Designer's knowledge, information, and belief, the Work has progressed to the point indicated and the quality of the Work is in accordance with the Contract Documents. The Owner Docusign Envelope ID: F9219C15-7734-8BC1-823F-A09B8D5DB43E Orange County, NC | CONSTRUCTION MANAGER AT RISK CONTRACT | CONFIDENTIAL DRAFT Page 18 of 35 shall make payment only on a duly certified Application for Payment. The Project Designer is not responsible for the accuracy of the CMAR's final accounting and issuance of a Certificate for Payment shall not constitute approval of construction means, methods, or safety precautions. 17.2.2 Withholding Certification. The Project Designer may withhold certification, in whole or in part, to protect the Owner if, in the Project Designer's opinion, it cannot make the representations required by Section 17.2.1 due to: defective Work not remedied; third-party claims or liens; failure of the CMAR to make payments to Subcontractors; reasonable evidence the Work cannot be completed for the unpaid GMP balance; damage to the Owner or another contractor; or repeated failure to perform in accordance with the Contract Documents. When the reasons for withholding are removed, certification shall be made promptly for amounts previously withheld. 17.3 Payment Timeline. Pursuant to N.C. Gen. Stat. § 143-134.1, the Owner shall make payment within forty-five (45) days of the later of: (a) receipt of a properly submitted and complete Application for Payment; or (b) the last day of the pay period. Interest shall accrue on late payments at twelve percent (12%) per annum from the due date. 17.4 Retainage. The Owner shall retain five percent (5%) of each progress payment attributable to Cost of the Work (subcontract costs). Upon fifty percent (50%) satisfactory completion of the Work, the Owner may, in its discretion, reduce or eliminate retainage on subsequent payments. No retainage shall be held on the CMAR Fee, General Conditions, General Requirements, insurance, or bonds. The CMAR shall withhold retainage from Subcontractors in amounts not exceeding the retainage withheld by the Owner on account of that Subcontractor's work. 17.5 Withholding of Payment. The Owner may withhold payment, in whole or in part, for: defective Work not remedied; third-party claims or liens; failure to pay Subcontractors; reasonable doubt that the Work can be completed within the GMP; damage to the Owner or another contractor; reasonable evidence the Work will not be completed within Contract Time; failure to provide required documentation; non-compliance with MWBE/DBE requirements; or any other material breach of this Contract. 17.6 Open-Book Audits. The Owner may conduct open-book audits of the CMAR's General Conditions costs, CMAR-GMP Contingency expenditures, and Cost of the Work at any time during the Project. The CMAR shall provide access to all relevant cost records within five (5) business days of the Owner's request. Prior to final payment, the Owner may conduct a final audit of all Project expenditures. Any overpayments identified shall be reimbursed by the CMAR. Audit rights do not extend to established lump sum amounts, unit rates, or fixed rates approved in advance. 17.7 Final Payment. Final payment shall be made within forty-five (45) days after Final Completion, receipt of all required closeout documentation, the Owner's final audit, and confirmation of the Shared Savings calculation. Acceptance of final payment constitutes a waiver of all claims by the CMAR except those previously made in writing and remaining unsettled including but not limited to, claims arising from unsettled liens or claims against CMAR, faulty work or materials appearing after final payment, CMAR’s failure to perform the Work in accordance with drawings and specifications appearing after the final payment, and as conditioned in the performance bond and payment bond. 17.8 Final Payment Affidavit. As a condition of final payment, the CMAR shall provide a notarized affidavit that all payments for materials, services, and subcontracted Work have been satisfied and that no claims or liens exist in connection with this Contract. ARTICLE 18: CHANGES IN THE WORK 18.1 The Owner reserves the right to order changes in the Work without invalidating this Contract. No changes shall be performed without written authorization from the Owner. Work performed without written authorization shall be at the CMAR's sole risk and expense. 18.2 Change Order Process. Upon receipt of a direction to change the Work, the CMAR shall submit a Change Order proposal within ten (10) working days (or within five (5) working days provide written justification for additional time). The proposal shall be itemized separately by labor and materials for each Docusign Envelope ID: F9219C15-7734-8BC1-823F-A09B8D5DB43E Orange County, NC | CONSTRUCTION MANAGER AT RISK CONTRACT | CONFIDENTIAL DRAFT Page 19 of 35 component; include signed proposals from performing Subcontractors; and include the CMAR's estimate of schedule impact. 18.3 Pricing Methods. Changes shall be priced using, in order of preference: (a) lump sum; (b) unit prices; (c) cost plus a maximum mark-up of fifteen percent (15%) for CMAR's own Work (overhead and profit combined) and a maximum mark-up of fifteen percent (15%) by Subcontractors plus ten percent (10%) by the CMAR on Subcontractor costs. No mark-up shall be applied to sales tax, permits, fees, or Owner- designated allowances. 18.4 Deductive Change Orders. For deductive change orders, the CMAR shall deduct no less than five percent (5%) profit (but no overhead) for Subcontractors. All subcontract savings from scope reductions revert to the Owner in full. 18.5 CMAR Fee on Changes. An increase in the CMAR Fee on Change Orders shall be calculated separately from individual changes, subject to the limits in Article 6. No CMAR Fee increase is warranted unless Owner-directed changes cumulatively exceed five percent (5%) of the total Cost of the Work. 18.6 Emergency Changes. In an emergency endangering life or property, the CMAR may take necessary action without prior written authorization, subject to prompt notification to the Owner and Project Designer and subsequent formalization as a Change Order. 18.7 Construction Change Directives. In the absence of agreement on the terms of a Change Order, the Owner may issue a Construction Change Directive ("CCD") — a written instruction signed by the Owner and Project Designer directing a change in the Work without the CMAR's prior agreement on price or time. The CCD shall describe the change, the Owner's initial estimate of cost impact, and the time within which the CMAR shall respond. 18.7.1 CMAR's Obligation to Proceed. Upon receipt of a CCD, the CMAR shall proceed promptly with the directed change and shall advise the Project Designer and Owner in writing within five (5) working days whether the CMAR agrees or disagrees with the proposed method of adjustment. Refusal to proceed with properly issued CCD Work constitutes a material breach. The CMAR expressly reserves all rights to claim an equitable adjustment under Article 23 while proceeding. 18.7.2 Interim Payment. Pending final determination of cost, the CMAR may request payment for CCD Work completed in its monthly Applications for Payment. The Project Designer will make an interim determination and certify for payment the amount the Project Designer determines reasonably justified. This interim determination does not constitute a final resolution and is subject to the dispute resolution process in Article 23. 18.7.3 Resolution of CCD. Upon agreement between the Owner and CMAR on the cost and time adjustment for CCD Work, a Change Order shall be issued incorporating the agreed terms. If the parties cannot reach agreement within sixty (60) days of the CCD issuance, either party may submit the dispute under Article 23 without waiting for completion of the CCD Work. The CMAR shall maintain detailed cost records for all CCD Work as a condition of any equitable adjustment claim. 18.8 Disputes on Changes. If the CMAR and Owner cannot agree on the cost or time for a Change Order (and no CCD has been issued), the Owner may issue a unilateral direction to proceed. The CMAR shall proceed as directed, preserving all rights to pursue a claim under Article 23. Failure to proceed shall constitute a material breach. 18.9 Upon signing each Change Order, the CMAR shall notify its surety and certify that the surety has been notified of the change. ARTICLE 19: QUALITY CONTROL AND INSPECTIONS 19.1 Quality Control Program. The CMAR shall establish and maintain a formal Quality Control Program approved by the Owner and Project Designer before construction commences. The program shall include: inspection procedures by trade; testing protocols; non-conformance reporting and corrective action; and documentation requirements. Docusign Envelope ID: F9219C15-7734-8BC1-823F-A09B8D5DB43E Orange County, NC | CONSTRUCTION MANAGER AT RISK CONTRACT | CONFIDENTIAL DRAFT Page 20 of 35 19.2 Required Testing. The CMAR shall arrange and pay for all testing required by Contract Documents, including concrete cylinder tests, soil compaction, structural steel inspections, mechanical system testing and balancing, fire alarm and suppression testing, and all other tests specified. Retesting required due to failures is at the CMAR's expense. 19.3 Independent Testing Agencies. All testing shall be performed by independent agencies approved by the Owner. The CMAR shall coordinate testing schedules and provide access. Test reports shall be submitted to the Owner and Project Designer within five (5) business days of receipt. Failed tests shall be reported immediately. 19.4 Owner's Right to Inspect. The Owner and its representatives shall have access to the Work at all times for inspection. No Work required to be inspected shall be covered without the Owner's or Project Designer's inspection and approval. If Work is covered without required inspection, it shall be uncovered at the CMAR's expense. If uncovered Work is found compliant, the cost of uncovering and restoring shall be borne by the Owner by Change Order; if non-compliant, all costs are the CMAR's. 19.5 Defective Work. The Owner or Project Designer may reject any Work that fails to conform to the Contract Documents. Corrective Work shall commence within seventy-two (72) hours of written notice. If the CMAR fails to commence corrections, the Owner may, after fifteen (15) days written notice, engage others and deduct the cost from amounts due the CMAR. 19.6 Safety. The CMAR shall establish and maintain a comprehensive Site Safety Program complying with OSHA 29 C.F.R. Part 1926 and North Carolina Department of Labor requirements. The CMAR shall designate a full-time on-site safety inspector whose name shall be provided to the Owner before construction commences. Daily toolbox safety talks shall be conducted and documented. All accidents, fatalities, serious injuries, near-misses, and incidents with damages exceeding $1,000 shall be reported to the Owner immediately and confirmed in writing within twenty-four (24) hours. ARTICLE 20: SUSPENSION OF WORK 20.1 Owner's Right to Suspend. The Owner may, at any time and for any reason, suspend all or any portion of the Work by written notice to the CMAR specifying the scope and effective date of the suspension. Upon receipt, the CMAR shall: (a) immediately suspend Work as directed; (b) protect and secure all Work in place; (c) coordinate with Subcontractors to suspend their activities; and (d) take all reasonable measures to minimize costs during the suspension. 20.2 Compensation for Suspension. If a suspension not caused by the CMAR's fault or negligence exceeds thirty (30) consecutive days, the CMAR may be entitled to a Change Order adjusting the GMP and Contract Time to reflect: (a) documented direct costs of demobilization and remobilization; (b) actual costs of protecting and securing Work in place; (c) actual extended General Conditions costs attributable to the suspension; and (d) a time extension equal to the period of suspension plus a reasonable remobilization period. The CMAR shall not be entitled to anticipated profit on Work not performed during the suspension. 20.3 Subcontractor Costs During Suspension. The CMAR shall include in all subcontracts provisions consistent with this Article. If the Owner's suspension results in increased costs to Subcontractors, such costs, to the extent reasonable and documented, may be included in the CMAR's suspension compensation claim. 20.4 Resumption. The Owner shall provide written notice to resume Work. The CMAR shall resume Work within seven (7) days of the notice unless a different time is specified. The parties shall execute a Change Order prior to resumption memorializing any agreed adjustments to the GMP and Contract Time. 20.5 CMAR's Right to Stop Work. Pursuant to N.C. Gen. Stat. § 143-134.1, the Owner is required to make payment within thirty (30) days of receipt of a properly submitted and complete Application for Payment. If the Owner fails to make payment within the statutory thirty (30) day period, the CMAR may, after providing fifteen (15) days written notice to the Owner and Project Designer, suspend all operations until payment of the full amount owed, including any accrued statutory interest at twelve percent (12%) per annum, has been received. The Contract Time shall be extended for the period of any such suspension. If the Work is also stopped for ninety (90) consecutive days by court order or order of another public authority through no fault Docusign Envelope ID: F9219C15-7734-8BC1-823F-A09B8D5DB43E Orange County, NC | CONSTRUCTION MANAGER AT RISK CONTRACT | CONFIDENTIAL DRAFT Page 21 of 35 of the CMAR, the CMAR may, after fifteen (15) days written notice, terminate the Contract pursuant to Article 22. ARTICLE 2: TERMINATION FOR CONVENIENCE 21.1 The Owner may terminate this Contract, in whole or in part, at any time for its convenience upon not less than ten (10) days written notice to the CMAR. 21.2 CMAR's Obligations Upon Notice. Upon receipt of a termination notice, the CMAR shall: (a) stop Work as specified on the effective date; (b) terminate all subcontracts and purchase orders related to terminated Work; (c) protect and preserve all Work in place and Owner property; (d) transfer title and deliver all completed Work, work in progress, materials, documents, and project records to the Owner; and (e) submit a final termination settlement proposal within sixty (60) days of the effective date. 21.3 Compensation on Termination for Convenience. The CMAR shall be entitled to payment for: (a) all Work completed and accepted prior to the termination date; (b) materials purchased and irrevocably committed for incorporation in the Work; (c) reasonable, documented demobilization and wind-down costs; (d) costs of settling terminated subcontracts properly chargeable to the terminated Work; and (e) reasonable profit on Work performed, but not on settlement expenses or on materials returned to suppliers. The total payment shall not exceed the GMP, less payments previously made. 21.4 Excluded Costs. The following are not compensable upon termination for convenience: anticipated profit on unperformed Work; general overhead not specifically allocable to this Contract; claims for lost business opportunities; and any costs not properly documented. 21.5 Audit Rights. The Owner may audit all books, records, and supporting documentation relevant to the termination settlement proposal. The CMAR shall preserve all records for three (3) years after final settlement. 21.6 Phase 1 Termination for Convenience. If the termination occurs during Phase 1, the CMAR's entitlement is limited to the Pro-Rata Pre-Construction Fee for services performed as described in Section 4.9. 21.7 Termination under this paragraph does not release either the CMAR or its surety from liability or responsibility for any default of other transaction or occurrence prior to the date of termination and demobilization from this Project. ARTICLE 22: TERMINATION FOR CAUSE (DEFAULT) 22.1 Grounds for Termination. The Owner may terminate this Contract for cause if the CMAR: (a) fails to commence or maintain adequate progress toward timely completion; (b) abandons the Work; (c) fails to comply with any material term of this Contract; (d) becomes insolvent, is declared bankrupt, or makes an assignment for the benefit of creditors; (e) allows any final judgment to stand unsatisfied for seventy-two (72) hours; or (f) anticipatorily repudiates its obligations. 22.2 Notice and Opportunity to Cure. Before terminating for cause, the Owner shall provide written notice to the CMAR specifying: the nature of the default; the corrective action required; and the time period to cure, which shall be ten (10) calendar days for most defaults, or such longer period as the Owner determines appropriate for complex defaults. If the default cannot reasonably be cured within ten (10) days, the CMAR shall commence cure and submit a written Cure Plan within the cure period, demonstrating how the CMAR will diligently complete the cure within a reasonable time. The Owner, in its sole discretion, may approve an extended cure period as may be reasonably necessary to allow for CMAR to complete the cure, provided CMAR is continuing and diligently proceeding to complete the cure. 22.3 Termination After Failure to Cure. If the CMAR fails to cure within the time specified or fails to diligently pursue an approved Cure Plan, the Owner may terminate by issuing a written Notice of Termination for Cause, effective not less than ten (10) days after receipt. Docusign Envelope ID: F9219C15-7734-8BC1-823F-A09B8D5DB43E Orange County, NC | CONSTRUCTION MANAGER AT RISK CONTRACT | CONFIDENTIAL DRAFT Page 22 of 35 22.4 CMAR's Obligations Upon Termination for Cause. Upon receipt of a Notice of Termination for Cause, the CMAR shall: (a) immediately stop Work as directed; (b) place no further orders related to terminated Work; (c) deliver all Work product, materials, equipment, and documents to the Owner; (d) provide reasonable cooperation to the Owner and any replacement contractor to ensure continuity of the Work; and (e) remove CMAR's tools and equipment from the site as directed. 22.5 Owner's Right to Complete. After termination for cause, the Owner may complete the Work by contract or otherwise, and may utilize CMAR-owned tools, equipment, and materials on-site as necessary to complete the Work. 22.6 Excess Reprocurement Costs. If the Owner terminates for cause, the CMAR shall be liable for: (a) the excess of the Owner's cost to complete the Work over the remaining GMP balance; (b) additional administrative and oversight costs directly caused by the default; (c) costs to correct defective Work; (d) extended General Conditions and schedule delay costs; and (e) reasonable attorney's fees incurred in enforcing the Owner's rights. 22.7 Payment After Cause Termination. The Owner shall pay the CMAR for Work completed and accepted prior to the effective date of termination, less any excess reprocurement costs and other offsets. The CMAR shall not receive anticipated profit on unperformed Work. 22.8 Conversion to Convenience Termination. If it is later determined by agreement or final court judgment that the CMAR was not in default, or that the default was excusable, the termination shall be deemed a Termination for Convenience as of its original effective date, and the CMAR's sole remedy shall be payment under Article 20. The CMAR shall have no liability for excess reprocurement costs under such conversion. 22.9 Dispute of Termination. If the CMAR disputes the termination for cause, the CMAR must provide written notice of such dispute within thirty (30) days of receiving the Notice of Termination, specifying the basis in detail. Failure to timely dispute constitutes acceptance of the termination for cause. 22.10 CMAR's Right to Terminate. Pursuant to N.C. Gen. Stat. § 143-134.1, if the Owner fails to make payment within the statutory thirty (30) day period after receipt of a properly submitted and complete Application for Payment, or if the Work is stopped for ninety (90) consecutive days by court order through no fault of the CMAR, the CMAR may, after fifteen (15) days written notice, terminate this Contract. In that event, the Owner shall pay the CMAR all costs of Work incurred through the termination date, plus earned General Conditions and Fee, plus reasonable demobilization costs, plus statutory interest at twelve percent (12%) per annum on any overdue amounts. The CMAR shall not be entitled to anticipated profit on unperformed Work. ARTICLE 23: CLAIMS AND DISPUTE RESOLUTION 23.1 Claims Notice. Any claim by the CMAR for adjustment of the GMP or Contract Time must be submitted in writing within twenty-one (21) days after occurrence of the event giving rise to the claim, or within twenty- one (21) days after the CMAR knew or should have known of the facts giving rise to the claim. Failure to provide timely written notice constitutes a waiver of the claim. 23.2 Claim Documentation. Each claim shall include: a detailed factual statement; the specific Contract provisions supporting the claim; supporting documentation including schedules and cost records; the amount claimed; any time extension requested; and all known direct, indirect, and impact costs. 23.3 Continuing Performance. The CMAR shall continue to perform the Work diligently during pendency of any claim or dispute. Failure to continue performance may constitute a material breach and grounds for termination. 23.4 Owner Review. The Owner shall review each claim and respond in writing within thirty (30) days. The Owner's decision shall be final and binding unless the CMAR pursues further remedies as provided herein. 23.5 Mediation. If the parties cannot resolve a dispute through negotiation, either party may request non- binding mediation. Mediation shall be conducted in Orange County, North Carolina. The parties shall share mediation costs equally. Mediation is a condition precedent to litigation. Docusign Envelope ID: F9219C15-7734-8BC1-823F-A09B8D5DB43E Orange County, NC | CONSTRUCTION MANAGER AT RISK CONTRACT | CONFIDENTIAL DRAFT Page 23 of 35 23.6 Litigation. If mediation is unsuccessful or is waived by agreement, disputes shall be resolved through litigation in the General Court of Justice of North Carolina, Superior Court Division, seated in Orange County (Eighteenth Judicial District), or, for federal matters, in the United States District Court for the Middle District of North Carolina. North Carolina law shall govern. 23.7 Attorney's Fees. The prevailing party in any litigation arising from this Contract shall be entitled to recover reasonable attorney's fees and costs from the non-prevailing party. 23.8 No Waiver of Sovereign Immunity. Nothing in this Contract constitutes a waiver of the Owner's governmental immunity under North Carolina law. 23.9 Mutual Waiver of Consequential Damages. The CMAR and Owner waive claims against each other for consequential damages, including lost profits, lost revenue, loss of business opportunity, or damage to reputation. This waiver does not preclude assessment of liquidated damages, nor does it preclude the CMAR's right to an equitable adjustment in fee and General Conditions for delays beyond its control as defined in Article 12. ARTICLE 24: REGULATORY COMPLIANCE 24.1 Licenses. The CMAR warrants that it holds a valid and current North Carolina General Contractor License issued by the NCLBGC as required by N.C. Gen. Stat. § 87-1, with a license limitation sufficient for the contract amount. The CMAR shall ensure that all specialty trade work is performed by properly licensed contractors. The CMAR shall maintain its General Contractor License in good standing throughout the Contract. Failure to maintain a valid license is a material breach. 24.2 Permits. The CMAR shall obtain all building, trade, and other permits required for the Work. Permit fees shall be paid directly by the Owner unless otherwise directed by the Owner's Representative. All permits shall be posted at the Project site. Permits shall be obtained by the CMAR, but paid for by the Owner. 24.3 Code Compliance. All Work shall comply with the North Carolina State Building Code, all applicable local codes and ordinances, all regulatory codes, and all applicable federal regulations. Any necessary changes required after contract awards shall be made by change order. If the CMAR performs any Work knowing it to be contrary to such laws, ordinances, codes, rules, and regulations, and without such notice to the Project Designer and Owner, the CMAR shall bear all cost arising there from. Costs for re-inspection by Orange County or other regulatory agencies, to the extent attributable to the CMAR and its Subcontractors shall be the responsibility of the CMAR and its Subcontractors. 24.4 OSHA and Safety. The CMAR shall comply with all applicable OSHA regulations (29 C.F.R. Part 1926) and North Carolina Department of Labor safety requirements. 24.5 Environmental Permits. The CMAR shall obtain all required environmental permits including stormwater (NPDES), erosion and sediment control, wetlands, and air quality permits. For land-disturbing activities of one acre or more, the CMAR shall obtain NPDES General Permit coverage (NCG01) and implement an Erosion and Sediment Control Plan compliant with the NC Sedimentation Pollution Control Act. 24.6 E-Verify. The CMAR shall comply with the requirements of Article 2 of Chapter 64 of the North Carolina General Statutes and shall require all Subcontractors to do the same. The CMAR shall provide an E-Verify compliance affidavit upon request. 24.7 Iran and Israel Certifications. The CMAR certifies that it is not identified on the Final Divestment List or the Boycott of Israel list created by the NC State Treasurer pursuant to N.C.G.S. §§ 147-86.58 and 147- 86.81, and that it will not appear on such lists during the term of this Contract. 24.8 Non-Discrimination and Living Wage. CMAR shall at all times remain in compliance with all applicable local, state, and federal laws, rules, and regulations including but not limited to all state and federal anti- discrimination laws, policies, rules, and regulations and the Orange County Non-Discrimination Policy and Orange County Living Wage Policy (each policy is incorporated herein by reference and may be viewed at http://www.orangecountync.gov/departments/purchasing_division/contracts.php.) Any violation of this requirement is a breach of this Agreement and County may immediately terminate this Agreement without Docusign Envelope ID: F9219C15-7734-8BC1-823F-A09B8D5DB43E Orange County, NC | CONSTRUCTION MANAGER AT RISK CONTRACT | CONFIDENTIAL DRAFT Page 24 of 35 further obligation on the part of the County. This paragraph is not intended to limit and does not limit the definition of breach to discrimination. By executing this Agreement CMAR affirms that CMAR and any subcontractors of CMAR are and shall remain in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. By executing this Agreement CMAR certifies that CMAR has not been identified, and has not utilized the services of any agent or subcontractor identified, on the list created by the State Treasurer pursuant to G.S. 147-86.58. By executing this Agreement CMAR certifies that CMAR has not been identified, and has not utilized the services of any agent or subcontractor identified, on the list created by the State Treasurer pursuant to G.S. 147-86.81. 24.9 Federal Requirements. If this Contract is funded in whole or in part with federal funds, the CMAR shall comply with all applicable federal requirements, including Davis-Bacon Act prevailing wages, Contract Work Hours and Safety Standards Act, Copeland Anti-Kickback Act, Buy America provisions, applicable civil rights requirements (Title VI, Section 504, ADA Title II), and all federal agency-specific requirements identified in the applicable federal grant or award. ARTICLE 25: MWBE/DBE PARTICIPATION 25.1 The CMAR shall comply with the Owner's MWBE policy and all applicable state and federal MWBE/DBE requirements. The stated participation goals for this Contract are: MBE: ____%; WBE: ____%. 25.2 The CMAR shall document good faith efforts to meet MWBE goals at each stage of subcontractor bidding and award. Good faith efforts include: advertising in publications targeting MWBE businesses; conducting outreach meetings; providing MWBE firms with adequate information to bid; negotiating in good faith; and assisting MWBE firms with bonding and insurance requirements. 25.3 The CMAR shall submit MWBE utilization reports with each monthly pay application and quarterly reports to the Owner for submission to the North Carolina Department of Administration within ten (10) days after the end of each calendar quarter. 25.4 The CMAR shall not terminate or substitute a MWBE firm listed in its proposal without the Owner's prior written consent. Requests for substitution shall include documentation of good cause and evidence of good faith efforts to find a replacement MWBE firm. 25.5 For federally funded portions of the Project, the CMAR shall comply with the requirements of 49 C.F.R. Part 26, as amended, including the October 3, 2025 Interim Final Rule requiring individualized demonstration of social and economic disadvantage without regard to race or sex. The CMAR shall verify current DBE certification status with the NC Unified Certification Program before executing subcontracts with DBE firms. ARTICLE 26: CONCEALED AND UNKNOWN CONDITIONS 26.1 Notice of Concealed Conditions. If the CMAR encounters conditions at the site that are: (a) subsurface or otherwise concealed physical conditions that differ materially from those indicated in the Contract Documents; or (b) unknown physical conditions of an unusual nature that differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, the CMAR shall promptly provide written notice to the Owner and the Project Designer before conditions are disturbed, and in no event later than twenty-one (21) days after first observance of the conditions. Failure to provide timely written notice constitutes a waiver of any claim arising from such conditions. 26.2 Notice Requirements. The CMAR's written notice shall include: (a) the location of the condition with reference to applicable drawings or specifications; (b) a description of the condition as observed and how it differs from what was indicated or anticipated; (c) the CMAR's initial estimate of the cost and time impact; and (d) any photographs, test results, or other documentation available. The CMAR shall preserve all evidence of the condition pending investigation. Docusign Envelope ID: F9219C15-7734-8BC1-823F-A09B8D5DB43E Orange County, NC | CONSTRUCTION MANAGER AT RISK CONTRACT | CONFIDENTIAL DRAFT Page 25 of 35 26.3 Investigation. Upon receipt of notice, the Project Designer shall promptly investigate the reported condition and, if the Project Designer confirms that conditions differ materially and cause an increase or decrease in the CMAR's cost of, or time required for, performance, the Project Designer shall recommend an equitable adjustment in the GMP or Contract Time, or both. The Project Designer shall complete its investigation and notify the parties of findings in writing within fourteen (14) days of the CMAR's notice. If additional time is required for testing or investigation, the Project Designer shall so advise within the fourteen (14) day period. 26.4 Equitable Adjustment. If the investigation confirms a qualifying concealed condition, the parties shall negotiate in good faith an equitable adjustment to the GMP and Contract Time by Change Order. The equitable adjustment shall be based on actual, documented additional costs and time, without mark-up beyond the rates established in the Contract Documents. If the parties cannot agree within thirty (30) days of the Project Designer's findings, either party may proceed under Article 23. 26.5 No Qualifying Condition. If the Project Designer determines that the conditions at the site are not materially different from those indicated in the Contract Documents and that no change in the terms of the Contract is justified, the Project Designer shall promptly notify the Owner and CMAR in writing, stating the reasons. Either party may dispute this determination under Article 23. The CMAR shall not proceed to disturb the condition without either written authorization or direction from the Project Designer. 26.6 Continuing Obligation. The CMAR shall include in all subcontracts provisions requiring Subcontractors to notify the CMAR promptly of any concealed conditions they encounter, and the CMAR shall relay any such notice to the Owner and Project Designer in accordance with this Article. The CMAR shall be responsible for its Subcontractors' compliance with this notice obligation. 26.7 CMAR-GMP Contingency. To the extent a concealed condition arises from a design omission that a prudent CMAR should have identified during Phase 1 constructability review, the cost of addressing it shall first be applied against the CMAR-GMP Contingency before any claim for equitable adjustment is made. ARTICLE 27: PARTIAL OCCUPANCY AND USE 27.1 Owner's Right to Partial Occupancy. The Owner may occupy or use any completed or partially completed portion of the Work at any stage, provided that: (a) such occupancy or use is authorized by public authorities having jurisdiction; (b) the Owner and CMAR have agreed in writing on the responsibilities for security, maintenance, heat, utilities, insurance, and risk of damage to the Work in the occupied portion; and (c) the CMAR's surety has consented in writing where required. 27.2 CMAR's Notice of Readiness. When the CMAR considers a portion of the Work substantially complete and ready for partial occupancy, the CMAR shall submit to the Project Designer and Owner: (a) a written request for partial occupancy inspection; (b) a certification that the portion is fit for its intended purpose; and (c) a preliminary list of items to be completed in the occupied portion. 27.3 Joint Inspection. Immediately prior to any partial occupancy or use, the Owner, CMAR, and Project Designer shall jointly inspect the area to be occupied to determine and record its condition. The inspection report shall be signed by all parties and shall identify: the specific area being occupied; the condition of the Work; any items requiring completion; and responsibilities for maintenance and utilities during the period of partial occupancy. 27.4 Insurance Consent. Partial occupancy shall not commence until the insurance companies providing Builder's Risk and other property insurance have consented in writing to such partial occupancy by endorsement or otherwise. The CMAR shall coordinate with its insurers to obtain such consent promptly after the Owner requests partial occupancy. Failure to obtain timely insurance consent is not a basis for the Owner to delay occupancy if such failure is caused by the CMAR's delay in requesting consent. 27.5 Certificate of Partial Substantial Completion. The Project Designer may issue a Certificate of Substantial Completion for the occupied portion, establishing: the date of partial Substantial Completion; the warranty commencement date for that portion; the punch list for the occupied portion; the deadline for completing punch list items; and the responsibilities of the Owner and CMAR for the occupied portion. Docusign Envelope ID: F9219C15-7734-8BC1-823F-A09B8D5DB43E Orange County, NC | CONSTRUCTION MANAGER AT RISK CONTRACT | CONFIDENTIAL DRAFT Page 26 of 35 27.6 Effect on Contract. Partial occupancy or use by the Owner: (a) does not constitute acceptance of Work not conforming to the Contract Documents; (b) does not relieve the CMAR of its obligation to complete all remaining Work by the required completion date; (c) does not constitute a basis for reduction in Liquidated Damages for portions not occupied; and (d) does not release retainage except as specifically agreed by the parties in writing. 27.7 Retainage Reduction on Partial Occupancy. Upon partial Substantial Completion of a discrete and severable portion of the Work representing at least twenty-five percent (25%) of the GMP value, the Owner may, in its discretion, reduce or release retainage attributable to the completed and occupied portion, subject to the Subcontractors' completion of their work in that portion and receipt of all required lien waivers. 27.8 Protection of Unoccupied Work. Following partial occupancy, the CMAR remains responsible for security and protection of all unoccupied portions of the Work. The Owner shall not interfere with the CMAR's access to and operations in unoccupied areas. ARTICLE 28: GENERAL PROVISIONS 28.1 Governing Law. This Contract shall be governed by the laws of the State of North Carolina, without regard to conflict of law principles. 28.2 Venue. Litigation arising from this Contract shall be brought in the General Court of Justice of North Carolina, Superior Court Division, Orange County (Eighteenth Judicial District), or in the United States District Court for the Middle District of North Carolina for federal matters. 28.3 Force Majeure. Neither party shall be in default if performance is prevented by acts of war, hostile foreign actions, nuclear explosion, earthquake, hurricane, tornado, or other catastrophic natural event or act of God. Economic conditions, supply chain disruptions, or cost increases shall not constitute force majeure. 28.4 Unforeseeable Government Actions. Changes in law or policy after Contract execution that materially affect construction costs or schedule (including new tariffs, labor regulations, or government-mandated work stoppages) may entitle the CMAR to a time extension and equitable GMP adjustment by Change Order, subject to the CMAR's obligation to mitigate such impacts to the maximum extent reasonable. 28.5 Severability. If any provision of this Contract is held invalid or unenforceable, the remaining provisions shall remain in full force and effect. 28.6 Morality Clause. If, in the Owner's sole opinion, the CMAR or any of its principals or key employees engages in conduct that: brings disrepute or scandal to the Owner; subjects the Owner prosecution; offends public morals; adversely affects the Owner's public standing or finances; or is derogatory or offensive to Owner employees or the public, the Owner may immediately terminate this Contract upon written notice, in addition to any other available remedies. 28.7 Non-Appropriation. The Owner's payment obligations are contingent upon appropriation of sufficient funds by the Board. If funds are not appropriated for any fiscal year, this Contract shall automatically terminate upon written notice to the CMAR, without penalty to the Owner. The CMAR shall be paid for all Work performed through the termination date. 28.8 Independent Contractor. Unless specifically delineated above, the CMAR is an independent contractor and is not an employee, agent, or partner of the Owner. The CMAR is wholly responsible for the means, methods, and techniques of performance. 28.9 No Assignment. The CMAR shall not assign this Contract or any portion thereof without the Owner's prior written consent. No funds due under this Contract may be pledged as collateral without the Owner's consent. 28.10 Amendment. All amendments to this Contract shall be in writing and signed by authorized representatives of both parties. Oral modifications are not binding. 28.11 Entire Agreement. This Contract, together with all Exhibits and the GMP Amendment(s), constitutes the entire agreement of the parties. Owner terms supersede any conflicting terms in CMAR proposals or Subcontractor documents. Docusign Envelope ID: F9219C15-7734-8BC1-823F-A09B8D5DB43E Orange County, NC | CONSTRUCTION MANAGER AT RISK CONTRACT | CONFIDENTIAL DRAFT Page 27 of 35 28.12 Survival. Warranty obligations, indemnification obligations, audit rights, confidentiality obligations, and record-keeping obligations shall survive termination or expiration of this Contract. 28.13 Notices. All notices shall be in writing and delivered by: (a) personal delivery; (b) certified mail, return receipt requested; or (c) nationally recognized overnight courier to the addresses below. Electronic means (email) of notification are acceptable, provided they are followed up by written notice delivered via one of the three options above. Notices are effective upon delivery. If to Orange County: Orange County — P.O. Box 8181, Hillsborough, NC 27278 If to CMAR: _________________________ _________________________ _________________________ Docusign Envelope ID: F9219C15-7734-8BC1-823F-A09B8D5DB43E Orange County, NC | CONSTRUCTION MANAGER AT RISK CONTRACT | CONFIDENTIAL DRAFT Page 28 of 35 SIGNATURES IN WITNESS WHEREOF, the parties have executed this Contract as of the date first written above. CONSTRUCTION MANAGER AT RISK ATTEST: Samet Corporation BY: ______________________________ BY: ___________________________________ NAME: ___________________________ TITLE: ___________________________ DATE: ____________________________ NAME: ________________________________ TITLE: ________________________________ DATE: _____________________________ ATTEST: ORANGE COUNTY BY: ____________________________ BY: ___________________________________ County Clerk DATE: ______________________ County Manager DATE: ____________________________ This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act. BY: ______________________________ Orange County Finance Director DATE: ___________________________ Docusign Envelope ID: F9219C15-7734-8BC1-823F-A09B8D5DB43E Senior Vice President 6/23/2026 Tyler Kelley 6/23/2026 Angela Rininger Assistant Secretary 6/24/2026 6/26/20266/26/2026 Orange County, NC | CONSTRUCTION MANAGER AT RISK CONTRACT | CONFIDENTIAL DRAFT Page 29 of 35 EXHIBIT A — PROJECT DATA SHEET Project Name: _Link Center Renovation and Sheriff’s Office Evidence Storage Project Description: Renovation and Construction of space for the Sheriff’s office Site Address: 200 South Cameron Street County Department: Asset Management Services Total Construction Budget: $19,347,576 Owner's Construction Contingency: $700,000 (est.) CMAR-GMP Contingency Cap (%): 4% (est.) of Cost of Work + General Conditions Shared Savings Split: 75% County / 25% CMAR Shared Savings Cap: 5 % of final GMP Liquidated Damages Rate (Phase 2): $1,000 per calendar day MWBE Goals: MBE 10 % / WBE 10 % DBE Goal (if federally funded): _______% Federal Funding: No If yes, Federal Agency: _______________ Federal Award No.: _______________ Davis-Bacon Act Applies: No Docusign Envelope ID: F9219C15-7734-8BC1-823F-A09B8D5DB43E Orange County, NC | CONSTRUCTION MANAGER AT RISK CONTRACT | CONFIDENTIAL DRAFT Page 30 of 35 EXHIBIT B — PHASE 1 DELIVERABLES SCHEDULE The following deliverables are required from the CMAR at each design milestone. All deliverables shall be submitted to the Owner and the Project Designer simultaneously. Unless otherwise noted, the Owner shall accept or reject each deliverable in writing within fifteen (15) days of receipt. Milestone Required Deliverable Due (Days After Milestone Doc Receipt) Acceptance Criteria Schematic Design (SD) Constructability Review Comments (written) 21 Written comments accepted by Owner Schematic Design (SD) Preliminary Cost Estimate by Trade/CSI 21 Estimate within Total Construction Budget or variance documented Schematic Design (SD) Budget Status Report — SD Milestone 21 Signed CMAR certification Schematic Design (SD) Master Project Schedule — Phase 1 Baseline 21 Approved by Owner Design Development (DD) Constructability Review Comments 21 Written comments accepted by Owner Design Development (DD) Updated Cost Estimate — DD Level 21 Within Total Construction Budget or variance plan provided Design Development (DD) Budget Status Report — DD Milestone 21 Signed CMAR certification Design Development (DD) Updated Master Schedule 15 Approved by Owner Design Development (DD) Subcontractor Pre-Qualification — Initial List 30 List approved by Owner Construction Documents (CD) 50% Constructability Review Comments — 50% CD 21 Written comments accepted Construction Documents (CD) 50% Updated Cost Estimate — 50% CD Level 21 Within Total Construction Budget or variance plan Construction Documents (CD) 50% Subcontractor Pre-Qualification — Final List 21 Approved by Owner Construction Documents (CD) 100% Phase Transition Checkpoint Certification 10 All certifications confirmed in writing Docusign Envelope ID: F9219C15-7734-8BC1-823F-A09B8D5DB43E Orange County, NC | CONSTRUCTION MANAGER AT RISK CONTRACT | CONFIDENTIAL DRAFT Page 31 of 35 Milestone Required Deliverable Due (Days After Milestone Doc Receipt) Acceptance Criteria Construction Documents (CD) 100% Final GMP Submission (complete per Article 5.1) 30 Owner review and acceptance per Article 5.2 Docusign Envelope ID: F9219C15-7734-8BC1-823F-A09B8D5DB43E Orange County, NC | CONSTRUCTION MANAGER AT RISK CONTRACT | CONFIDENTIAL DRAFT Page 32 of 35 EXHIBIT C — KEY PERSONNEL The following individuals are designated as Key Personnel for this Project. Their assignment shall not be changed without the prior written approval of the Owner, subject to Article 9.2. Role Name Phase Assignment Minimum Availability Project Executive David Bascom Phase 1 & 2 As needed, responsive within 48 hrs Project Manager Brian Lambert Phase 1 & 2 Full-time on-site during Phase 2 Superintendent Travis McDonald Phase 2 Full-time on-site Project Engineer Cody Hall Phase 1 & 2 Full-time on-site during Phase 2 Estimator (Phase 1) Sara Taylor Phase 1 Available for all estimating milestones Safety Manager Andrew Forsley Phase 2 Full-time on-site Docusign Envelope ID: F9219C15-7734-8BC1-823F-A09B8D5DB43E Orange County, NC | CONSTRUCTION MANAGER AT RISK CONTRACT | CONFIDENTIAL DRAFT Page 33 of 35 EXHIBIT D — GMP AMENDMENT TEMPLATE GMP Amendment No. _____ This GMP Amendment ("Amendment") is entered into as of the _____ day of ____________, 20_____, by and between the Orange County, North Carolina ("Owner") and _________________________ ("CMAR"), and amends the Construction Manager at Risk Contract dated _________________ (the "Contract"). RECITALS WHEREAS, the CMAR has submitted a Guaranteed Maximum Price for the Work as described herein; and WHEREAS, the Board has approved the GMP by resolution dated ________________; and WHEREAS, the parties desire to formalize the GMP and authorize commencement of Phase 2 Construction Services; NOW, THEREFORE, the parties agree as follows: 1. Guaranteed Maximum Price The Guaranteed Maximum Price for the entire Work is established as follows: Cost of the Work (Subcontracts + Direct Costs) $________________ CMAR General Conditions Allowance (Not to Exceed) $________________ CMAR-GMP Contingency (Not to Exceed 4.0%) $________________ CMAR Fee (_____% — Fixed Lump Sum) $________________ Pre-Construction Fee (previously earned, included for record) $________________ TOTAL GUARANTEED MAXIMUM PRICE $________________ 2. Construction Schedule Phase 2 Notice to Proceed Date: ___________________ Required Substantial Completion Date: ___________________ Required Final Completion Date: ___________________ Liquidated Damages Rate: $_________ per calendar day after required Substantial Completion date 3. Performance and Payment Bonds The CMAR shall deliver Performance and Payment Bonds each in the amount of $_________________ (100% of GMP) within ten (10) days of executing this Amendment. 4. Construction Documents The GMP is based on the following Construction Documents: [List of drawings by number and revision date, specifications by section] Docusign Envelope ID: F9219C15-7734-8BC1-823F-A09B8D5DB43E Orange County, NC | CONSTRUCTION MANAGER AT RISK CONTRACT | CONFIDENTIAL DRAFT Page 34 of 35 5. GMP Assumptions and Clarifications [Describe any assumptions, qualifications, design allowances, or scope inclusions/exclusions upon which the GMP is based] 6. Shared Savings Shared Savings, if any, shall be calculated and allocated 75% to the Owner and 25% to the CMAR, subject to the conditions of Article 7.3 of the Contract. Docusign Envelope ID: F9219C15-7734-8BC1-823F-A09B8D5DB43E Orange County, NC | CONSTRUCTION MANAGER AT RISK CONTRACT | CONFIDENTIAL DRAFT Page 35 of 35 IN WITNESS WHEREOF, the parties execute this GMP Amendment as of the date first written above. CONSTRUCTION MANAGER AT RISK ATTEST: ______________________________________ BY: ______________________________ BY: ___________________________________ <NAME>, <TITLE> DATE: _____________________________ ATTEST: ORANGE COUNTY, NORTH CAROLINA BY: ____________________________ BY: ___________________________________ County Clerk DATE: ______________________ Title:__________________ DATE: ____________________________ This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act. BY: ______________________________ DATE: ___________________________ Docusign Envelope ID: F9219C15-7734-8BC1-823F-A09B8D5DB43E Page 1 of 16 Finance and Administrative Services Department – Purchasing Division RFQ #367-OC5466 Request for Qualifications for Construction Manager at Risk Services for The Renovation and Construction of Sheriff's Office Facilities Orange County, North Carolina Date of Issue: November 3, 2025 Proposal Opening Date: December 2, 2025 At 2:00 P.M. ET Direct all inquiries concerning this RFQ to: Jovana Amaro Finance Manager - Purchasing Phone: 919-245-2651 Email: finance-purchasing@orangecountync.gov Electronic responses ONLY will be accepted for this solicitation. Docusign Envelope ID: F9219C15-7734-8BC1-823F-A09B8D5DB43E Page 2 of 16 1. Project Overview: Orange County is now accepting Statements of Qualifications for Construction Manager- at-Risk (“CMAR”) Services for two separate but related projects: 1.) The renovation of the Link Center, a 26,000 sq. ft administrative building, that will become the new Sheriff’s Office. The Link Center is located in downtown Hillsborough at 200 South Cameron Street. The Link Center was abandoned in 2019 due to significant water intrusion, which resulted in widespread mold growth. Environmental remediation, including mold abatement and water intrusion mitigation, must be completed before any renovation. The current project budget adopted in the FY 25-35 Capital Investment plan is $16,914,576 2.) The construction of a 6,000 sq. ft Sheriff’s Office evidence storage building on the same site as the existing Detention Center, located at 1200 US Hwy 70 North. Currently, evidence is stored in the basement of the old Jail. The current project budget adopted in the FY 25-35 Capital Investment plan is $2,430,000 2. Anticipated Project Schedule: Project Activities Completion Schematic Design Dec 2025 Design Development April 2026 Construction Documents/Permitting November 2026 Construction Bidding December 2026 Construction May 2028 3. Project Design Team: Orange County is in the process of selecting a firm to provide engineering and design services for both projects. The selected CMAR will coordinate with the selected design firm for the duration of the pre-design, design, and construction phases of the projects, which we expect to be bid together as part of a cost savings initiative. 4. Scope of Construction Manager at Risk (CMAR) Services The scope of services below is meant to provide interested firms with an outline of the anticipated services required for this project. The detailed scope of services will be contained in the executed Contract for CMAR Services. The County intends to use the attached template contract, with modifications, as the form of agreement. Docusign Envelope ID: F9219C15-7734-8BC1-823F-A09B8D5DB43E Page 3 of 16 A. Pre-Construction Services 1. Review the current schematic budget and project schedule and identify key project issues. 2. Develop design development cost estimate and project schedule; Reconcile from the schematic phase to the design development phase. 3. Develop construction documents cost estimate and schedule; Reconcile from the Design Development Phase to the Construction Documents Phase. 4. Research different construction materials and report findings. 5. Regularly attend meetings with the County and Design Team before construction and consult with the County and the Design Team regarding site use, site improvements, and selection of building materials, systems, and equipment. 6. Develop a provisional and final schedule indicating methods and sequencing of procurement, permitting construction, and project closeout. Include time requirements for sequences and durations; milestones dates for receipt and approval of design documents; receipt of regulatory approvals and permits; preparation and processing of shop drawings and samples; delivery schedule of materials or equipment requiring long-lead-time procurement, project procurement schedule, and installation and construction completion. This includes periodic project schedule updates for the Design Team's review and County approval. 7. Develop and implement procedures for schedule adherence. 8. Perform a “constructability" review of the design documents at each design phase. 9. Provide detailed construction cost estimates to achieve the Owner's budget (to be sorted by trade bid packages). 10. Develop value-engineering options as necessary. B. Bidding Services 1. Subdivide the Work into bid packages encouraging bids from qualified local and minority contractors. 2. Identify and prequalify contractors for all bid packages in consultation with the County. 3. Develop requirements to ensure time, cost, and quality control during construction. Docusign Envelope ID: F9219C15-7734-8BC1-823F-A09B8D5DB43E Page 4 of 16 4. Provide a provisional construction schedule (CPM) for issuance with bid packages. 5. Schedule and conduct pre-bid conferences with the Design Team and County. 6. Advertise and distribute bidding documents. 7. Monitor bidder activity. 8. Publicly open, review, and analyze bids with the County and Design Team. 9. Update Project schedule. 10. Conduct MWBE outreach program to encourage participation by minority contractors and report on efforts 11. Upon receipt and review of the bids for all bid packages, develop a draft Guaranteed Maximum Price (GMP) document for the Project that includes: i. The cost of the Work (the sum of bid amounts of the lowest responsible bidder for all bid packages) ii. The Construction Manager's Fee iii. The Construction Manager's General Conditions iv. The Construction Manager's Contingency 12. Reconcile schedule and cost with the County against the pre-established budget and schedule. 13. Develop a Final Guaranteed Maximum Price document for the Project. C. Construction Services 1. Maintain on-site staff for construction management. 2. Establish and maintain coordinating procedures. 3. Develop and maintain a detailed schedule (CPM) that includes delivery, approvals, inspection, testing, construction, and occupancy. 4. Conduct and record job meetings. 5. Prepare and submit change order documentation for approval of the Design Team and Owner. 6. Maintain a system to review and approve shop drawings, samples, and product data. 7. Maintain records and submit bi-weekly reports and formal monthly reports to the Design Team and Owner. 8. Maintain quality control and ensure conformity with plans. Docusign Envelope ID: F9219C15-7734-8BC1-823F-A09B8D5DB43E Page 5 of 16 9. Develop a system and provide cost control through progress payment review and verifications according to the approved schedule and contract amounts. 10. Develop and maintain as-built drawings for the duration of the Project. 11. Coordinate post-completion activities, including assembling guarantees, manuals, closeout documents, training, regulatory approvals, and the Owner's final acceptance. 12. Coordinate and monitor the resolution of remaining “punch-list" items to the Owner’s satisfaction. 13. Coordinate Systems Commissioning activities. 14. Work closely with Designer and County staff to meet local, state, and federal requirements D. Project Closeout/Warranty 1. Assist the Owner with furniture, furnishings, and equipment deliveries and installation. 2. Submit record drawings for approval of the Designer and the Owner 3. Assist in the transition to occupancy 4. Receive, record, and address all warranty issues. 5. Resolve all warranty issues to the satisfaction of the Owner 5. Notice to Providers Regarding RFQ Terms and Conditions The Provider shall be responsible for reading the instructions, Orange County’s terms and conditions, all relevant exhibits and attachments, and any other components of this RFQ and complying with all requirements and specifications herein. Providers are also responsible for obtaining and complying with all Addenda and other changes that may be issued in connection with this RFQ. If Providers have questions, issues, or exceptions regarding any term, condition, or other component within this RFQ, they must submit questions in accordance with the instructions in Section 5.2 PROPOSAL QUESTIONS. If Orange County determines that any changes will be made due to the questions asked, then such decisions will be communicated in the form of an RFQ addendum. 5.1 RFQ Schedule The table below shows the intended schedule for this RFQ. Orange County will make every effort to adhere to this schedule. All times listed in this RFQ are Eastern Standard Time (EST). Docusign Envelope ID: F9219C15-7734-8BC1-823F-A09B8D5DB43E Page 6 of 16 Event Date (Time) Issue RFQ November 3, 2025 Deadline for Questions November 17, 2025 Provide Responses to Questions November 24, 2025 SOQ Proposal Submission Deadline December 2 at 2:00 pm Onsite Presentation TBD Contract Award TBD 5.2 SOQ Questions: Upon review of the RFQ documents, Providers may have questions to clarify or interpret the RFQ in order to submit the best response possible. To accommodate the RFQ Questions process, Proposers shall submit any such questions by the above due date. Written questions shall be emailed to Alan Dorman at adorman@orangecountync.gov and Jovana Amaro at financepurchasing@orangecountync.gov by the date and time specified above. Proposers should enter “RFP#: 367- OC5466: Questions” as the subject for the email. Questions submittals should include a reference to the applicable RFQ section. The purpose of this email notification requirement is to allow staff to see questions as they come in quickly. Questions received by the deadline date, Orange County’s response, and any additional terms deemed necessary by the Orange County will be posted in the form of an addendum to Orange County website https://www.orangecountync.gov/Bids.aspx and shall become an Addendum to this RFQ. No information, instruction or advice provided orally or informally by any Orange County personnel, whether made in response to a question or otherwise in connection with this RFQ, shall be considered authoritative or binding. The proposers shall rely only on written material contained in an Addendum to this RFQ. 5.3 SOQs Submittal: This is an absolute requirement. The proposer shall bear the risk of late submission due to unintended or unanticipated delay. Any SOQ submitted after the proposal deadline will be rejected. Proposers should enter “RFQ 367-OC5466: Company’s name, “CMAR Services for The Renovation and Construction of Sheriff's Office Facilities” as the Docusign Envelope ID: F9219C15-7734-8BC1-823F-A09B8D5DB43E Page 7 of 16 subject for the email. Electronic (PDF Format) submittals should be less than 20MB in size and submitted by 2:00 p.m. EST on December 2, 2025. Electronic submittals shall be emailed to Jovana Amaro, Purchasing Manager at finance- purchasing@orangecountync.gov and adorman@orangecountync.gov by the date specified above. Critical updated information may be included in Addenda to this RFP. It is important that all Providers proposing on this RFQ periodically check the Orange County’s website https://www.orangecountync.gov/Bids.aspx for any Addenda that may be issued prior to the bid opening date. All Proposers shall be deemed to have read and understood all information in this RFQ and all Addenda thereto. 5.4 North Carolina Public Records: All SOQs received by Orange County shall be considered public information subject to lawful disclosure under North Carolina Public Records Law. Any proposal material deemed by the vendor to constitute either proprietary or trade secret material shall be designated as such, and each page or section of a page containing such material shall be marked by the vendor. In addition, it shall be the sole responsibility of the vendor to demonstrate to a court of competent jurisdiction that their designation is proper. 5.5 Orange County reserves the right to reject any or all submittals, to waive technicalities and to make such selection deemed in its best interest. 5.6 Offerors are required to comply with the non-collusion requirements set forth in the Solicitation Documents. 5.7 Minority Bidders: Orange County encourages all businesses, including minority, and women owned businesses to respond to all RFPs, ITBs, and RFQs. 5.8 Business registration: Corporations, LLCs, LLPs, and foreign entities conducting business in North Carolina must maintain an active registration with the NC Secretary of State in order to legally transact business with the County. 5.9 Statement of Qualification Submittal Contents: Providers shall populate all attachments of this RFQ that require the Provider to provide information and include an authorized signature where requested. Provider’s submittals shall include the following sections: Section A: Qualifications and Experience 1. Overview identifying all firms proposed for the CMAR Team, including the organizational and contractual relationship between the Prime CMAR firms. The overview should indicate the following: Docusign Envelope ID: F9219C15-7734-8BC1-823F-A09B8D5DB43E Page 8 of 16 a. The firm (Prime CMAR) is providing the bond for the project. b. Organizational chart depicting all firms, key staff, and their roles proposed for the Project c. Identify current assignments for each staff member and their availability to work on this project. d. If the CMAR Team consists of more than one firm, provide a joint venture agreement and identify the percent controlling interest of each joint venture firm. Joint ventures or associational relationships between two or more firms are permitted. However, the joint venture or association entity must have experience building medical or related facilities. The joint project must be included in the list of projects under number (5) below. 2. Profile of CMAR firm(s): a. Provide the following for each Prime and any Associate Firm(s): (1) Firm name and Address (2) Phone and Facsimile numbers (3) e-mail of the Key Executive to be assigned to this project (4) In-house service capabilities (5) Corporate Licenses (List all licenses by name and license numbers held in the State of North Carolina, including but not limited to contractor's licenses, business licenses, etc.) (6) Location of all offices (and number of staff in each office) (7) Identify corporate office (Headquarters or Home Office) (8) Corporate history: • Year first organized and current organizational structure • Corporate officers, partners • Years of providing construction services • Number of projects completed within the past 5 years (by year) • Dollar value of projects completed within the past 5 years (by year) • Confirmation of authority to do business in North Carolina • State of Incorporation/Formation • Years in Business (9) Corporate Officers, identify the following: • President • Vice President • Secretary-Treasurer Docusign Envelope ID: F9219C15-7734-8BC1-823F-A09B8D5DB43E Page 9 of 16 (10) Corporate Structure: - LLC, Corporation, etc. - Joint Venture or Partnership (if Joint Venture or Partnership, provide the following information): • Partners, Major Shareholders, provide names and addresses for all • Business Organization: provide company name, year when first organized • Previous Companies: provide any previous names under which the company has done business (11) Subsidiary Companies (provide a list of all subsidiaries of the company) (12) Affiliated Companies (provide a list of all affiliated companies in which the principals have a financial interest) 3. Construction Management at Risk Services: a. Provide the number of years the company has provided Construction Management at Risk/ b. Design-built related services. c. Provide a list of projects with construction costs completed within the past 10 years in which the firm was the CMAR or Design- Builder. 4. Current project commitments: a. Provide a list of all the company's current "Construction Manager at Risk" or “Design-Build” project commitments, including the name, location, and time frame to complete and the following information for each project: • Provide contact names, telephone numbers, and email addresses for the Owner and Lead Designer of each project. • Construction Manager, CM at Risk, or Construction Contract Defaults -List all incidents where the proposer has been considered in default, suspended, or terminated for cause. Include all incidents where the proposer abandoned or did not fully complete any project, including any warranty period work. Attach an explanation of each matter, including the name and location of the project, the name and address of the owner's representative, and all pertinent details of the default, suspension, or termination. 5. Provide a list of five (5) completed or at least (50%) completed projects that demonstrate the firm's construction management experience with law enforcement offices and justice centers and include, at a minimum, the following information for each: Docusign Envelope ID: F9219C15-7734-8BC1-823F-A09B8D5DB43E Page 10 of 16 a. Name of project. b. Year completed. c. Size of project. d. Contact information for the Owner’s Representative and Project Architect. e. Details of pre-construction and construction phase services provided. f. If projects were managed from multiple offices, list the office that managed each project. g. GMP or, if non-GMP, the estimated cost of the bid provided by you before initiating the project. h. Total construction cost at completion. i. The CM fees are earned as a percentage of GMP (separate pre-construction and construction fees). j. The CM General Conditions as a percentage of the GMP k. Provide a detailed explanation of whether the project cost exceeded the GMP bid or the estimated project cost. m. Identify the number and total value of approved change orders. n. Indicate the amount of the CM Contingency as a percentage of GMP and the amount used during construction. l. Indicate the number of calendar days allocated to complete the work in the original schedule and the number of calendar days added by change order(s). o. Indicate the number of calendar days taken for actual completion and explain whether the project completion date was beyond the completion date as adjusted by change order(s). p. List your firm's Project Manager and Lead Superintendent. q. MWBE Participation is achieved as a percentage of the total contract amount or GMP (as applicable). 6. Staffing Resources: a. List the number of full-time personnel, by discipline, within your company located in the office(s) that will provide support for the proposed project: 1. Administrative 2. Accountants 3. Clerical 4. Project Managers 5. Engineers 6. Architects 7. Supervisors, Foremen, or Superintendents 8. Skilled Employees, including Technicians 9. Unskilled Employees 10. Estimators Docusign Envelope ID: F9219C15-7734-8BC1-823F-A09B8D5DB43E Page 11 of 16 11. Schedulers 12. Others 13. Total number of Full-time Personnel 7. Financial Stability (Information can be submitted in a separate envelope marked "Confidential-Do Not Release Publicly" and will not count towards the proposal page limitation). a. Attach an original letter addressed to Orange County from a surety company or its agent licensed to do business in North Carolina verifying the company's capacity to provide adequate performance and payment bonds for this project. b. Insurance: Provide your limit of excess liability umbrella coverage. 8. Legal History for Past Ten (1O) Years (Information can be submitted in a separate envelope marked "Confidential-Do Not Release Publicly" and will not count towards the proposal page limitation) a. Pending Litigation -List the case name and case number of all pending litigation in which the proposer is involved as a party or proposer's officers are involved as parties in their official capacity. Include cases pending in any Federal, State, or County jurisdiction, court, commission, regulatory body, or other authorities having the power to determine the rights of parties appearing before it. b. Construction Manager, CM at Risk Construction Defaults – List all incidents where the proposer has been considered in default, suspended, or terminated for cause. Include all incidents where the proposer abandoned or did not fully complete any project, including any warranty period work. Attach an explanation of each matter, including the name and location of the project, the name and address of the owner’s representative, and all pertinent details of the default, suspension, or termination. c. Owner Completed Contracts -List of all incidents where the proposer's contract or any portion of the work connected with the contract has been completed by the Owner or Proposer's Surety. Attach a full explanation of each matter, including the name and location of the project, the name and address of the owner's representative, and all pertinent details. d. Debarments/Suspensions -List all incidents where the proposer has been debarred or suspended for any reason by any federal, state, or local government procurement agency or refrained from bidding on a public project due to an agreement with such a procurement agency. Please explain each matter where the submitter has been named in any action, administrative proceeding, or arbitration in which it was alleged that the submitter failed to comply with NC Gen Stat Chapter 22C or any Docusign Envelope ID: F9219C15-7734-8BC1-823F-A09B8D5DB43E Page 12 of 16 similar state or federal statute requiring prompt payment of subcontractors. Provide a full explanation of each matter. e. Bid Fraud Convictions -List all incidents where the proposer or any predecessor or related entities, or officers, shareholders, partners, or key personnel of the submitter has been convicted of or pleaded guilty to any crime related to the bid process for contracts on public or private projects or involving fraud or misrepresentation. Provide a full explanation of each matter. 9. Information on the Proposed Project Team a. Provide a Project Staff Organization Chart (In-house and Consultant team members), attach a copy clearly showing lines of communication and level of responsibility/authority, and identify the firm that employs each person. b. Provide resumes of each Project Team member. (Resumes should be included in a Supplemental bound document and included with the CM at Risk's submittal package. The Resume Supplement will not count towards the proposal page limitation.) Resumes shall include the following: (1) Education (2) Related project experience (3) Describe the role each will fulfill during the preconstruction and construction phases. (4) List experience with the firm: projects, job titles, and years with the firm. (5) List relevant Design/Construction experience before joining the firm. (6) Current assignment location and proposed location while on this project. c. Submit a confirmation letter stating that project team members, as proposed, will be assigned to this project for its duration so long as they remain employed with the firm. 10. List any projects where LEED (Leadership in Energy and Environmental Design) Certification was pursued. Identify the Certification level pursued (Certified, Silver, Gold, or Platinum) and the Certification level achieved by each project. Discuss any cost differential analysis performed to determine the certification goal levels for your projects (Le. What was the range of cost premium anticipated to be expended for achieving the various certification levels)? Docusign Envelope ID: F9219C15-7734-8BC1-823F-A09B8D5DB43E Page 13 of 16 Section B: Project Approach 1. Project Planning: Provide a brief narrative addressing how the proposer will provide professional construction services under the Construction Manager at Risk method of delivery for the Project, both the pre-construction and construction phases for: (1) Value Engineering (2) Constructability Issues (3) Cost Estimating and Budget Management (4) Quality Control (5) Adherence to Project Schedule (6) Document Tracking and Reporting 2. MWBE Outreach: Describe your approach to encouraging minority participation in this project. Identify your five (5) most successful projects relative to MWBE participation, indicate the percentage achieved, and if the MWBE goal was met or exceeded. Describe what strategies were used to make these projects successful. 3. Identify how you will achieve maximum "Local" trade contractor and supplier involvement. 4. Describe if the project team proposes using Building Information Modeling (BIM), and if so, how it will be used. 5. Describe what project management software will be used and how it will be used. 6. Describe the CM at Risk's Safety Program and indicate your company's workman's compensation experience mod rate. Section C: Questionnaire Respondents are required to respond to the following questions. Each question will be listed in italics, followed by the response in typical style. 1. What are five major issues to be addressed in constructing a Sheriff’s Office facility? 2. Provide an overview of your team's philosophy in constructing a significant public building. 3. Describe how environmentally friendly and energy efficient features were incorporated into the four (4) most similar projects listed in your response. 4. Describe the team's approach to maintenance considerations during a project's design and construction phases. 5. Explain the firm's procedures for document quality control and coordination of the various trades in reviewing design documents and specifications. Also, Docusign Envelope ID: F9219C15-7734-8BC1-823F-A09B8D5DB43E Page 14 of 16 explain the same coordination of trades in the GMP Development and Construction Phase. 6. Describe procedures you use to review and consider product substitutions. 7. Describe how the team would provide cost management services on this project using the CM at Risk delivery method. How would you reconcile the differences between your cost estimates and those prepared by the Design Team? Provide the cost model format for one of the four similar completed projects listed in your response. 8. Explain the firm's management tools, techniques, and procedures to monitor and maintain the construction phase schedule. 9. Describe your approach to collaborating with the County and the Design Team relative to project design and materials/systems research that will ensure the functional, aesthetic, and quality requirements are satisfactorily addressed for this project. 10. How do you manage the time and quality aspects of the process of reviewing and approving subcontractor submittals, clarification requests, issuance of bulletin drawings, development of cost proposals, identification and justification of change orders, payment requests, commissioning, final inspections, and assembly of the project close-out documents? 11. How do you manage project close out in a manner that quickly provides for occupancy with minimal punch list Items and warranty issues? 12. Describe your team's commitment to the success of this project and why you believe your assembled team is the best choice for this project. 13. Describe your valuable engineering process. 14. Describe how responsibilities as a CM at Risk differ from responsibilities as a General Contractor. Section D: Other Items 1. Evidence of the lead Provider’s professional liability insurance ($1,000,000/$2,000,000) and the ability of the lead Provider to meet the “Standard Risk Profile” of the Orange County Minimum Insurance Coverage Requirements. Lead Providers must cite in their response any claims filed against the professional liability insurance carried by the lead Provider within the last five (5) years. Before contract execution, the lead Provider shall obtain, at its sole expense, Professional Liability Insurance, Commercial General Liability Insurance, Automobile Insurance, and Workers’ Compensation Insurance as described in the Orange County Risk Transfer Policy and Orange County Minimum Insurance Coverage Requirements (each document is incorporated herein by reference and available at: http://www.orangecountync.gov/departments/purchasing_division/contracts.p hp). 2. Acknowledge receipt of any addenda. Docusign Envelope ID: F9219C15-7734-8BC1-823F-A09B8D5DB43E Page 15 of 16 3. Living Wage: Orange County is committed to providing its employees with a living wage and encourages agencies it funds to pursue the same goal. A copy of Orange County’s Living Wage Contractor Policy is included. Complete the attached Living Wage form and include it with your submittal. 4. E-Verify: HB789 imposes E-Verify requirements on contractors who enter into specific contracts with state agencies and local governments. The legislation explicitly prohibits governmental units from entering into specific contracts “unless the contractor and the contractor’s subcontractors comply with the requirements of Article 2 of Chapter 65 of the General Statues.” (Article 2 of Chapter 65 establishes North Carolina’s E-Verify requirements for private employers.) It is important to note that the verification requirement applies to subcontractors and contractors. The new laws expressly prohibit governmental units from entering into contracts with contractors who have not (or their subcontractors have not) complied with E-Verify. Notarize the attached affidavit and include it with your submittal. 5. Orange County Non-Discrimination Certification Form. Complete the attached form and include it with your submittal. 6. Supplemental Vendor Information: Historically Underutilized Businesses form. Complete the attached form and include it with your submittal. Maximum proposal length of 40 physical pages. The page limitation does not include front cover, back cover, section dividers, indexes, tables of contents, or required Orange County forms. Proposals may not use less than 12-point Times New Roman font. Other fonts are acceptable, but the size should be no smaller than 12-point. All submittals, exhibits, responses, attachments, reports, charts, schedules, maps, and illustrations shall become the property of Orange County upon receipt. PDF files should include bookmarks that link to sections to allow easy document navigation. 6. Evaluation Criteria: All submittals will be ranked based on qualifications. Orange County will establish a short list of candidates and schedule interviews accordingly. The following criteria will be the basis on which consultants will be evaluated (in no particular order): • Appropriate expertise and experience in developing Sheriff’s Offices, Police Stations, or other related Justice facilities (20 points) • Past performance of the lead consulting firm on similar projects (20 points) • Adequate and experienced staff and proposed team for the project (15 points) Docusign Envelope ID: F9219C15-7734-8BC1-823F-A09B8D5DB43E Page 16 of 16 • Recent experience with successfully maintaining project schedules and budgets (15 points) • Understanding of the area where the project is located (10 points) • Working arrangements with necessary consultants, and (20 points) 7. List of Attachments 1.) Sample Construction Manager-at-risk contract. 2.) Living Wage Contractor Policy 3.) E-Verify Form 4.) Non- Discrimination Ordinance 5.) Supplemental Vendor Information: Historically Underutilized Businesses Docusign Envelope ID: F9219C15-7734-8BC1-823F-A09B8D5DB43E ADDENDUM ACKNOWLEDGEMENT FORM Consultants must acknowledge receipt of addendums posted by Orange County before the RFP/RFQ deadline. Please initial for Addendums received. Addendum No 1 ________________ Addendum No 2 ________________ Addendum No 3 ________________ Docusign Envelope ID: F9219C15-7734-8BC1-823F-A09B8D5DB43E Section I: General Government and Administration Policy 10.0: Living Wage Contractor Policy Reviewed by: County Attorney/County Manager Approved by: County Manager Original Effective Date: April 21, 2016 Revisions: August 1, 2016 Policy Statement It is the policy of Orange County to ensure its employees, and all individuals who provide services for Orange County, are paid a living wage. Purpose To encourage all vendors and contractors to pay a living wage to all employees who perform work pursuant to a contract with Orange County. Applicability Applies to all Orange County contracts and purchases. Policy 10.1 Living Wage 10.1.1 Orange County is committed to providing its employees with a living wage and encourages all contractors and vendors doing business with Orange County to pursue the same goal. Orange County’s living wage is as reflected in the adopted Orange County Budget and as that budget document is amended from time to time. To the extent possible, Orange County recommends that contractors and vendors seeking to do business with Orange County provide a living wage to their employees. 10.1.2 Prior to final execution of a contract with Orange County all contractors and vendors seeking to do business with Orange County shall submit to the County’s representative a statement indicating whether those employees who will perform work on the Orange County contract are paid at least the living wage amount set out above. If such employees do not make at least the living wage amount set out above the contractor or vendor shall indicate in the statement, the actual amount paid to such employees. For bid projects this statement should be submitted as part of the bid packet. This policy may be reviewed annually and updated as needed by the Manager’s Office Acknowledged Receipt by: Company Name: Date: __ Docusign Envelope ID: F9219C15-7734-8BC1-823F-A09B8D5DB43E STATE OF NORTH CAROLINA AFFIDAVIT ORANGE COUNTY ************************** I, ____________________________(the individual attesting below), being duly authorized by and on behalf of ________________________________ (the entity bidding on project hereinafter "Employer") after first being duly sworn hereby swears or affirms as follows: 1. Employer understands that E-Verify is the federal E-Verify program operated by the United States Department of Homeland Security and other federal agencies, or any successor or equivalent program used to verify the work authorization of newly hired employees pursuant to federal law in accordance with NCGS §64-25(5). 2. Employer understands that Employers Must Use E-Verify. Each employer, after hiring an employee to work in the United States, shall verify the work authorization of the employee through E-Verify in accordance with NCGS§64-26(a). 3. Employer is a person, business entity, or other organization that transacts business in this State and that employs 25 or more employees in this State. (mark Yes or No) a. YES _____, or b. NO _____ 4. Employer's subcontractors comply with E-Verify, and if Employer is the winning bidder on this project Employer will ensure compliance with E-Verify by any subcontractors subsequently hired by Employer. This ____ day of _______________, 20__. Signature of Affiant Print or Type Name: _________________________ State of North Carolina, _________ County Signed and sworn to (or affirmed) before me, this the _____ day of ________________, 20__. My Commission Expires: Notary Public (Affix Official/Notarial Seal) Docusign Envelope ID: F9219C15-7734-8BC1-823F-A09B8D5DB43E ORANGE COUNTY NONDISCRIMINATION CERTIFICATION The undersigned bidder or proposer hereby certifies and agrees that the following information is correct: 1. In preparing its enclosed bid or proposal, the undersigned bidder or proposer has considered all bids and proposals submitted from qualified, potential subcontractors and suppliers, and has not engaged in discrimination as defined in Section 12-52 of the Orange County Non-discrimination Ordinance. 2. Without limiting any other remedies that Orange County may have for a false certification, it is understood and agreed that, if this certification is false, such false certification will constitute grounds for Orange County to reject the bid or proposal submitted with this certification, and terminate any contract awarded based on such bid or proposal. It shall also subject the bidder or proposer to disqualification from participating in county contracts or bid processes for up to two years. 3. As a condition of contracting with Orange County, the undersigned bidder or proposer agrees to promptly provide to Orange County all information and documentation that may be requested by Orange County from time to time regarding the solicitation and selection of suppliers and subcontractors in connection with this solicitation process. Failure to maintain or failure to provide such information constitutes grounds for Orange County to reject the bid or proposal and to terminate, without penalty to Orange County, any contract awarded on such bid or proposal. All such information and documentation shall be maintained for a period of three years after the expiration of the contract. 4. As part of its bid or proposal, the undersigned bidder or proposer shall provide to Orange County a list of all instances within the past ten years where a complaint was filed or pending against bidder or proposer in a legal or administrative proceeding alleging that bidder or proposer discriminated against its subcontractors, vendors, suppliers, or commercial customers, and a description of the status or resolution of that complaint, including any remedial action taken. 5. As a condition of submitting a bid or proposal to Orange County the undersigned bidder or proposer agrees to comply with the Orange County Non-discrimination Ordinance. Falsification of this certification shall constitute a violation of the Orange Docusign Envelope ID: F9219C15-7734-8BC1-823F-A09B8D5DB43E County Non-Discrimination Ordinance and shall be grounds for rejection of the bid or proposal or termination of an existing contract, without fault or further obligation to Orange County. 6. As a condition of submitting a bid or proposal to Orange County the undersigned bidder or proposer agrees that Orange County may consider the information submitted as part of this certification in its determination of the responsibility of the undersigned bidder or proposer. The undersigned bidder or proposer, as the case may be, waives the right to challenge the rejection of a bid or proposal when such rejection is based, in its entirety, on information submitted as part of this certification. The bidder or proposer certifies the undersigned has full authority to sign on its behalf. By:________________________________________ ___________________________________________ Printed Name and Title On behalf of _________________________________ ___________________________________________ Company or Corporate name Docusign Envelope ID: F9219C15-7734-8BC1-823F-A09B8D5DB43E Supplemental Vendor Information: HISTORICALLY UNDERUTILIZED BUSINESSES Vendor Name: ____________________________________________________ Date: _________ Per G.S. 143-128.4, Historically Underutilized Businesses (HUBs) consist of minority, women and disabled business firms that are at least fifty-one percent (51%) owned and operated by an individual(s) who are members of the following groups: Black, Hispanic, Asian American, American Indian, Female, Disabled, Disadvantaged. The Vendor shall respond to question No 1 and No 2 below. 1)Is Vendor a Historically Underutilized Business? Yes No If yes, please select from the following: Ethnicity: Gender Disabled Black Male Yes Hispanic Female No Asian American American Indian 2)Is Vendor Certified with North Carolina as a Historically Underutilized Business? Yes No If so, state HUB classification: _______________________________________________________ Any questions concerning NC HUB certification, contact the North Carolina Office of Historically Underutilized Businesses at (919) 807-2330. Docusign Envelope ID: F9219C15-7734-8BC1-823F-A09B8D5DB43E Page | 1 Revised 12/24 ORANGE COUNTY CONSTRUCTION MANAGER AT RISK CONTRACT NORTH CAROLINA FOR CONSTRUCTION SERVICES This Construction Manager at Risk Contract for Construction Services (hereinafter the “Contrac t”) is entered into this the of 20 , between: (hereinafter the “Construction Manager at Risk” or “CM” or “CMAR”) and Orange County, North Carolina, a political subdivision of the State of North Carolina (hereinafter the “Owner”). For the Project: WITNESSETH: Whereas the Owner published a Request for Qualifications (“RFQ”), the day of seeking the submission of Statements of Qualifications to act as a Construction Manager at Risk to furnish professional construction management services during the design and construction of the Project identified and described in that Request for Qualifications; and Whereas the undersigned CMAR submitted a responsive Statement of Qualifications dated , and subsequently submitted a fee proposal; and Whereas the Owner has evaluated the Statement of Qualifications and app roved, on , the selection of the undersigned CMAR to furnish professional construction management services during the design and construction of the Project; and Whereas the CMAR and the Owner now wish to form and memorialize their agreement for Construction Services pursuant to the terms of the RFQ; Now therefore, for the consideration hereinafter set forth, the CMAR and the Owner agree as follows: 1. GENERAL SCOPE AND INTENT 1.1. For the fee, allowances and other sums set forth herein, the CMAR undertakes to act as the Owner’s fiduciary (GS 143-128.1(c)) and to furnish professional construction management services during the Project. In broad terms, under this Contract, the CMAR will perform construction services, as generally defined in the RFQ, with General Conditions services being provided on a not-to-exceed allowance basis, and all construction being accomplished through the CMAR’s Subcontractors, selected as provided herein. The CMAR shall furnish efficient engineering reviews, business administration and field supervision, and shall use its best efforts to see to it that the Work of the Project is done in the best and most expeditious, economical manner consistent with the interests of the Owner, and in strict conformity with the Contract Documents, including all reasonable implications therein. The Work of the Project will be divided into construction phases. The CMAR shall provide a Guaranteed Maximum Price for each construction phase, as more fully defined herein. 1.2. During the construction of the Work, the CMAR will provide all services to coordinate, manage and effect the construction of the Work (including the provision of General Conditions services and the award and management of all Subcontracts) including without limitation: change order review; quality control inspections; schedule maintenance; cost control measures; all meetings; shop drawing review; processing, tracking and monitoring of Requests For Information and substitution requests; resolution of claims by all Subcontractors; all inspections, including inspections by regulatory agencies, the Project Designer, the Owner’s Representative, and the Owner’s other technical inspectors; and close out documents with the Owner and Project Designer. Docusign Envelope ID: F9219C15-7734-8BC1-823F-A09B8D5DB43E Page | 2 Revised 12/24 1.3. The CMAR shall familiarize itself with all available Project funding and Work with the Owner and Project Designer to maximize the scope and quality of the Project based upon the available funds. 1.4. The performance of the CMAR’s services shall be in strict compliance with this Contract, the Fee Proposal, the RFQ (including all its requirements, general conditions, appendices, and attachments), the CMAR’s Proposal, the Orange County Minority and Women Owned Business Enterprise (“MWBE”) policy approved by the Owner on (attached as Appendix A), bonds, and all amendments hereto (hereinafter, together: the “Contract Documents”). To the extent any term, requirement, or specification in the CMAR’s proposal shall be in conflict with any term, requirement, or specification of any other document or item contained in the Contract Documents, the terms, requirements, and specifications of the other document or item contained in the Contract Documents shall control and the conflicting contents of the CMAR’s proposal and supporting documents shall be deemed surplusage. 1.5. The drawings and specifications for the Project shall be considered complementary, one to the other. That which is shown on the drawings or called for in the specifications shall be as binding as if it were both called for and shown. The intent of the drawings and specifications is to est ablish the scope of all labor, materials, transportation, equipment, and any and all other things necessary to provide a complete job. In case of discrepancy or disagreement in the Contract Documents, the order of precedence shall be: Contract Documents, Project Designer’s specifications, large-scale detail drawings, and small-scale drawings. 1.6. The wording of the specifications shall be interpreted in accordance with common usage of the language except that words having a commonly used technical or tr ade meaning shall be so interpreted in preference to other meanings. 2. DEFINITIONS 2.1. The “Project Team,” “Project Design Team,” or “Design Team” consists of the Owner, the Project Designer, the CMAR and others as identified in the RFQ. 2.2. The “Owner” is Orange County. The Owner in its sole discretion shall designate an Owner’s Representative who shall be the CMAR’s Owner contact point during both the Pre -Construction and Construction Phases. This representative is unless designated otherwise in writing. shall be the primary channel of communication to the Owner and shall act as the Owner’s liaison with the CMAR. The Owner’s Representative may designate multiple representatives responsible for defined aspects of the Project, and may replace or re-designate any or all multiple representatives. In the event of any disagreement or dispute between any members of the Project Team regarding the Project, the Owner’s Representative shall be the final decision making authority, subject to written appeal by either party to the Owner and dispute resolution procedures incorporated herein 2.3. The “Designer” or “Project Designer” means the firm or firms of architects or engineers or both (and their consultants and/or subcontractors) which have undertaken to design the Project pursuant to a contract with the Owner, (hereinafter, the “design contract” or “design agreement”). The Owner has retained of , NC as the Project Designer with of and of as consultants (Refer to the RFQ Data Sheet). The Project Designer will provide all design services throughout the duration of the Project. The CMAR acknowledges t hat he has received a copy of the Design Contract between the Owner and Project Designer. Docusign Envelope ID: F9219C15-7734-8BC1-823F-A09B8D5DB43E Page | 3 Revised 12/24 2.4. The “Construction Manager at Risk” (CMAR) is the Owner’s fiduciary responsible for undertaking all necessary action contemplated under the Contract Documen ts to (a) establish during the design phase a Guaranteed Maximum Price (GMP) to construct the Project and (b) ensure timely and quality completion of the Project at a cost within the GMP. CM or CMAR as used in the Contract Documents means Construction Manager at Risk (CMAR). 2.5. A “Subcontractor”, as the term is used herein, shall include a general, mechanical, electrical, or plumbing Subcontractor or other specialty Subcontractor, trade Subcontractor, supplier , or vendor who has entered into a direct contract with the CMAR, and includes one who furnishes labor, materials, equipment or other services to complete Work in accordance with the drawings, specifications and other plans for the Project. The term Subcontractor shall include, where appropriate, sub-subcontractors and suppliers to subcontractors of any tier. 2.6. The “Total Construction Budget” is first described in the RFQ Data Sheet, and consists of the Cost of the Work, as more fully defined in section 4 below, the CMAR -GMP Contingency, as more fully defined in section 5 below, the Early Completion Bonus Fund, if offered and made part of this Contract, as more fully defined in section 24 below, the CMAR General Conditions, as more fully defined in section 3 below, and the CMAR Fee, as more fu lly defined in section 3 below. Upon approval by the Owner of the Total Construction Budget as presented on , the Total Construction Budget will not be allowed to exceed $ . The Owner reserves the right to adjust the Total Construction Budget at any time prior to agreement on the final GMP. 2.7. The “Construction Documents” are the drawings, specifications and other plans for the Project prepared by the Project Designer and approved in writing by the Owner’s Represent ative, which define the scope of the work. The Contract Documents define terms and conditions. Bid packages or other materials prepared by the CMAR to contract with Subcontractors, while they might incorporate all or part of the Contract Documents and the Construction Documents, shall not be deemed part of nor shall they modify the Contract Documents or the Construction Documents for purposes of this Contract. 2.8. Any “notice” as referenced or required herein shall be in writing, signed by an authorized agent of the party providing notice, and shall be delivered as provided in Section 53.1. 2.9. “Work”, as used herein as a noun, is intended to include materials, labor, and workmanship provided by the CMAR and its Subcontractors to carry out the i ntent of the Construction Documents. 2.10. The “Project” is the total construction Work to be performed under the Contract Documents, whether performed by the CMAR and its Subcontractors, by the Owner, or by the Owner’s separate contractors. 2.11. “Change Order”, as used herein, shall mean a written order to the CMAR subsequent to the signing of the Contract authorizing a change in the Contract. The Change Order shall be signed by the CMAR, Project Designer, and the Owner. 2.12. “Field Order”, as used herein, shall mean a written approval for the CMAR to proceed with the Work requested by Owner prior to issuance of a formal Change Order. The field order shall be signed by the CMAR, Project Designer, and Owner’s Representative . Docusign Envelope ID: F9219C15-7734-8BC1-823F-A09B8D5DB43E Page | 4 Revised 12/24 2.13. “Liquidated Damages”, as stated in the Contract Documents, is an amount reasonably estimated in advance to cover the losses incurred by the Owner by reason of failure of the CMAR to complete the Work within the time specified. 2.14. “Surety”, as used herein, shall mean the bonding company or corporate body which is bound with and for the CMAR, and which engages to be responsible for the CMAR and its acceptable performance of the Work. 2.15. “Request for Information” (RFI) is a request from the CMAR seeking an interpretation or clarification by the Project Designer relative to the Contract Documents. The RFI, which shall be labeled (RFI), shall clearly and concisely set forth the issue or item requiring clarification or interpretation and why the response is needed. The RFI must set forth the CMAR’s interpretation or understanding of the Contract Documents requirements in question, along with reasons for such an understanding. 2.16. “Inspection” shall mean examination or observation of Work completed or in progr ess to determine its compliance with the Contract Documents. 2.17. “Equal to” or “approved equal” shall mean materials, products, equipment, assemblies, or installation methods considered equal by the bidder in all characteristics (physical, functional, and aesthetic) to those specified in the Contract Documents. 2.18. “Substitution” or “substitute” shall mean materials, products, equipment, assemblies, or installation methods deviating in at least one characteristic (physical, functional, or aestheti c) from those specified, but which in the opinion of the bidder would improve competition and/or enhance the finished installation. 2.19. “Provide” or “provides” shall mean furnished or furnished and installed by the CMAR or its Subcontractors as more fully described in the Contract Documents. 3. CMAR CONSTRUCTION FEE AND GENERAL CONDITIONS COSTS 3.1. The CMAR shall be entitled to payment of a fee (the CMAR Fee) for its services on the Project, and shall be entitled to reimbursement of costs as set forth herein, all within the Total Construction Budget as adjusted by the Orange County Board of Commissioners (the “Board”) in accordance with 2.76 above. 3.2. Provided that the Total Construction Budget remains $ , the CMAR Fee shall not exceed $ , subject to modification and limitation as set forth herein. If the Owner changes the Total Construction Budget, the CMAR Fee shall not exceed three percent (3%) of the sum of (i) the Cost of the Work, (ii) the CMAR-GMP Contingency, and (iii) the CMAR General Conditions, (but not including the Early Completion Bonus Fund) all as more fully defined in this Contract, as of the date when the final GMP is established and approved by the Owner, subject to modification and limitation as set forth herein. The CMAR Fee will include all CMAR home office personnel costs, including officers as well as home office and local office support staff not included in General Conditions below, together with all other CMAR overhead costs and profit. This Fee shall also include all home office quality control and safety reviews, as well as all required services of a home office Project executive, by whatever name called. CMAR costs which are not to be included in the CMAR Fee are the costs of all Subcontracts, on-site field staff, General Conditions costs (as provided below), and the CMAR-GMP Contingency described below. 3.3. When a GMP is established and approved for a defined phase of the Work, the CMAR Fee for that GMP shall be converted to a lump sum and be included in the GMP. When the final GMP is established and approved, the CMAR agrees that the cumulative CMAR Fee shall not exceed the maximum amount set forth above in paragraph 3.2, and shall not cause the final GMP to exceed the Total Construction Budget approved by the Owner. Thereafter, the CMAR Fee shall not be Docusign Envelope ID: F9219C15-7734-8BC1-823F-A09B8D5DB43E Page | 5 Revised 12/24 adjusted unless cumulative Owner requested Change Orders to the Work of the Project adjust the total Cost of the Work in the total cumulative GMP in excess of FIVE (5.0%) percent. The entire CMAR Fee at the time the final GMP is fixed, including all lump sum CMAR fees for each GMP for a defined phase of Work, shall not exceed the amount in 3.2 above. In the event an adjustment to the Fee is warranted under this paragraph, a lump sum adjustment to the Fee shall be equitably determined based on the nature of the changes to the Work, proven changes in the scope of services provided by the CMAR, and any other factor that would affect the effort and cost expen ded by the CMAR due to changes to the Work. 3.4. In addition to the foregoing Fee, an allowance for the General Conditions on a “not -to-exceed” basis will be submitted by the CMAR with each GMP for the Owner’s approval. No costs associated with the CMAR’s main office or its main office or other off -site personnel, including the costs associated with the use of items or equipment of the main office, are covered under the General Conditions allowance. All such costs are deemed to have been included in the CMAR Fee. Subject to approval by the Owner’s Representative, each GMP may include special designated allowances for defined expenses. Each GMP shall contain an allowance for General Conditions fixed as an estimated lump sum for each GMP. The entire General Conditions allowance shall be fixed based on the Total Construction Budget at the time of the final GMP, after which the General Conditions shall not be adjusted unless an amount is negotiated with Owner-requested Change Orders to the Work of the Project. The sum of the entire General Conditions at the time the final GMP is fixed, including all allowances for General Conditions for each GMP for a defined phase of Work, shall not exceed $ , subject to approval by the Owner and modification and limitation as further set forth herein. Owner reserves the right to inspect and/or audit all General Conditions services cost documentation. 3.5. General Conditions shall be broken down into a reasonable number of categories as approved by the Owner’s Representative and as detailed in Appendix A, Division of Cost Elements. The General Conditions items to be handled by the CMAR on a not-to-exceed allowance basis are to include, but not necessarily be limited to the following items: 3.5.1. Mobilization: Move on site and establish appropriate field offices. 3.5.2. Travel Expenses: All travel, by any conveyance, relating to the Project; except that, with the prior approval of the Owner’s Representative, travel required for product reviews, selection, inspection, approvals and expediting at the place of production of such products, shall be chargeable at cost to the cost of the Work under the GMP. 3.5.3. Temporary Facilities: Owner will assist CMAR in providing field office(s). Owner will assist CMAR with providing other appropriate office necessities such as temporary electric, heating, water, and sanitation, after consultation with the Owner’s Representative. These costs should be incurred judiciously. Owner will also assist CMAR in establishing and maintaining an appropriate shipping and receiving system. 3.5.4. Plans/Surveys/Permits/Testing: Reproduction of Construction Documents as needed by the CMAR over and above the allowance for Construction Documents provided by the Owner. Provide surveyor’s services (site layout, etc.), as required. Acquire all required permits (fee for permits to be paid directly by Owner unless otherwise directed by the Owner’s Representative). Perform inspections of the existing buildings and Project conditions and perform destructive testing to assist the Project Designer prepare a complete and accurate set of Construction Documents and for the CMAR to estimate the cost of the Work in order to minimize change orders due to unforeseen conditions within allowances in the GMP. 3.5.5. Safety/Cleanup: Establish and maintain an on-site safety program throughout the construction phases that shall meet or exceed OSHA requirements. (Note: The cost of home office safety personnel is included in the CMAR Fee. The cost of materials and onsite personnel may be included in General Conditions.) Install and maintain temporary facilities, as required: safety barricades, partitions, ladders, stairs, site fencing, signage, first aid, traffic control devices, etc. Provide daily site cleanup, trash collection, and Docusign Envelope ID: F9219C15-7734-8BC1-823F-A09B8D5DB43E Page | 6 Revised 12/24 removal. Provide and maintain site security throughout Project construction phases. Provide site snow removal, as may be required throughout Project construction phases. 3.5.6. General: Provide temporary weather and dust protect ion (that which must practically remain outside of construction) as may be required during construction phases. Provide field personnel pagers, and two-way radio throughout the construction phases, as applicable. Include travel expenses for field personnel related to off-site equipment/materials survey and inspections. Field staffing needs shall be provided by the CMAR as part of General Conditions per the RFQ documents, and shall be limited to the specific staff positions noted. Provide Project supervisory personnel, as may be required, throughout the construction phases; i.e., the Project superintendent and Project engineers (mechanical, electrical, civil, and structural). Provide field office support staff, as may be required, throughout the construction phases, i.e., secretarial, laborers, etc. 3.5.7. Insurance/Bond: Provide 100% Performance and Payment Bonds. Provide liability insurance and provide builder’s risk insurance policy in the amount of the GMP unless directed otherwise by Owner’s Representative in accordance with any Owner Controlled Insurance Program (“OCIP”). 3.5.8. Close-Out/De-Mobilization: Provide final site/facility clean up. Provide final release of liens for all contracts. Provide sets of all Subcontractor as -built drawings to the Owner and Designer; one set will be used by the Project Designer to prepare as -built drawings. 3.6. Expenditures in excess of General Conditions category totals may be made if and only if the CMAR can first certify to the Owner that identified funds in other General Conditions categories within the specific GMP are in excess of actual needs. The CMAR will be reimbursed for actual General Conditions costs only as they are incurred, with no mark -up by the CMAR. Other expenditures in excess of the total General Conditions allowance that are not covered in the Cost of Work may be paid out of the CMAR Contingency as allowed hereunder, or are deemed included in the CMAR’s Construction Fee. 3.7. The Owner reserves the right to adjust the Total Construction Budge t at any time prior to agreement on the final GMP. Subject to the Owner’s right to adjust the Total Construction Budget, any unused balance from each General Conditions allowance may be carried forward by the CMAR to each subsequent GMP, and to the end of the Project. Any unused portion of the total General Conditions allowance remaining after the Project is finally complete shall be returned to the Owner. 3.8. Costs for on-site field staff, will be included in the General Conditions allowance . Field personnel costs shall be billed at Direct Personnel Expenses/ Employee costs (direct salary) plus all customary payroll benefits [including but not limited to FICA, SUTA, FUTA, 401K, vacation leave, sick leave, holidays, jury duty leave and bereavement leave] with no employee overhead mark up. The on-site field staff is limited to full time staff which includes the Project Engineer(s), Superintendent(s) actually furnishing services to the Project, Field Secretaries/Clerks, and occasional laborers (on as needed basis), as amended from time to time by agreement of the parties. Other CMAR positions will be deemed included in the CMAR Construction Fee. 3.9. Additional General Conditions costs alleged to arise from any Owner -requested change orders to the Work of the Project will be reviewed on an individual change order basis. After consultation with the Project Designer, the Owner shall determine whether the requested increases are caused by an Owner-requested change order. Absent extraordinary circumstances, the CMAR should not expect that any change order other than those requested by the Owner will allow for an increase in its General Conditions. 3.10. The CMAR shall not, on account of differing site conditions, be entitled to any increase in the CMAR Fee or General Conditions unless the differing site condition is such that the CMAR is entitled to an extension of the time for completion of the Project of more than 30 calendar days. Docusign Envelope ID: F9219C15-7734-8BC1-823F-A09B8D5DB43E Page | 7 Revised 12/24 4. CONSTRUCTION GUARANTEED MAXIMUM PRICE (“GMP”) 4.1. Upon final review submission by the Project Designer of Construction Documents for an agreed phase of the Work, the CMAR will develop and provide to the Owner a GMP for that phase which will include all costs of construction, (hereinafter sometimes referred to as “Cost of the Work”), and all other projected costs including without limitation the CMAR Fee, the CMAR -GMP Contingency and General Conditions allowance, but not including the Owner’s Construction Contingency. The Early Completion Bonus Fund will not be included in any GMP until the final GMP, at which time the Early Completion Bonus will be included in the GMP. The GMP shall set out each anticipated Subcontract amount, the CMAR fixed Fee, the General Conditions Allowance costs including on-site field staff, and all Project related costs, i.e., bonds, personnel payroll benefits, etc. The allocation, basis and distribution of the cost of construction, CMAR Fee, General Conditions and CMAR-GMP Contingency for each GMP shall be set out in detail in each GMP amendment. 4.2 The GMP shall reflect all cash discounts obtained on payments made by the CMAR or any Subcontractor, which shall be for the benefit of the Owner. Trade discounts, rebates, refunds, and amounts received from sales of surplus or salvaged materials and equip ment shall accrue to the Owner and the CMAR shall make provisions so they can be secured and shall reduce the GMP accordingly. Amounts which accrue to the Owner in accordance with this section shall be accounted for and credited to the Owner as a deductio n from the Cost of the Work or the General Conditions as appropriate. 4.3. Not later than , provided the Designer submits by and the Owner approves final submission by the Project Designer of the last of the complete Construction Documents for the entire Project by , the CMAR will develop and submit its final GMP for the Project. At that time, the Total Construction Budget will be fixed, subject to changes only as set forth herein by change order. Until that time, the CMAR agrees to use its best efforts to work with the Project Team to keep the cost of the Project within the Total Construction Budget. 4.4. At no time shall the CMAR Fee, General Conditions, CMAR-GMP Contingency, or the Early Completion Bonus Fund exceed the amounts for these respective items within the Total Construction Budget. The sum of all GMP must not exceed the Total Construction Budget, including CMAR Fees, overhead, and escalation until , as set forth on the RFQ Data Sheet, unless and to the extent that the Total Construction Budget is increased or decrease d by the Board. 4.5. Each GMP for a phase of the Work shall identify the Construction Drawings that define the scope of work covered by the GMP, shall describe any assumptions or clarifications concerning the scope of the Work, shall describe any special allowances and the basis on which each allowance was calculated, and shall contain the progress schedule related to that phase of the Work. 4.6. The Owner reserves the right to direct the CMAR to (and the CMAR shall) work in conjunction with the Project Designer to redesign the Project as necessary to maintain the Project program and meet the Total Construction Budget as follows: 4.6.1. After consultation with the Owner, the CMAR shall coordinate and cooperate with the Project Team to alter and redraft Construction Documents as necessary to accomplish the required reduction in cost. 4.6.2. The CMAR shall develop and provide to the Owner a GMP in connection with the redrafted and altered Construction Documents to accomplish the necessary reductions in cost. 4.6.3. The CMAR shall analyze the Project Designer’s originally submitted and as altered and redrafted Construction Documents, and make recommendations to the Owner as to ways and methods to reduce the costs of constructing the Project to a sum wh ich does not exceed the Total Construction Budget. Notwithstanding anything in the RFQ to the contrary, the CMAR shall perform the Work set forth in this section without additional compensation. The Owner has the right to reject any GMP as originally submi tted, or as adjusted. In that event, the Contract may be terminated according to its terms. In addition, Docusign Envelope ID: F9219C15-7734-8BC1-823F-A09B8D5DB43E Page | 8 Revised 12/24 the Owner has the right to withhold, in its sole discretion, approval of the amendment of the Contract to reflect any GMP, in which event the Contract may be terminated according to its terms. 4.6.4. The CMAR’s detailed construction cost estimates and GMP will be reviewed by the Project Designer and the Owner for reasonableness and compatibility with the Total Construction Budget. Meetings and negotiations between the Owner, Project Designer and the CMAR will be held to resolve questions and differences that may occur between the Project Construction Budget and the CMAR’s construction cost estimate and corresponding GMP. If indicated by the Total Constr uction Budget limitations or other circumstances, the CMAR shall work with the Owner and Project Designer to reach a mutually acceptable GMP. 4.7. Upon acceptance by the Owner of a GMP, the Owner shall prepare and the CMAR shall execute an amendment to this Contract to reflect the GMP. Within 10 days after the execution of the amendment provided herein, the CMAR shall provide the Owner with a Performance Bond and a Labor and Material Payment Bond each for 100% of the GMP in conformity with the terms of N.C. Gen. Stat. Chapter 44A and this Contract. 4.8. Upon acceptance of the GMP, the CMAR shall continue to advise and assist the Owner and Project Designer during any continuing design activities as described in the RFQ. 4.9. Upon completion of the Work, any and all non-expended funds remaining in any GMP will be retained by the Owner, except as specifically set forth above in Section 3 and below in Section 5. 5. CONTINGENCY ALLOWANCES 5.1. Owner’s Contingency: An Owner’s Construction Contingency will be established. Expenditures against this contingency will be available to cover all costs not covered by the GMP resulting from changes in scope and initiated by the Owner via a change order amendment issued by the Owner. 5.2. CMAR-GMP Contingency: Each GMP shall contain a CMAR-GMP Contingency fixed as an estimated lump sum for each GMP in an amount approved by the Owner, to help reduce the risks assumed by the CMAR in providing the GMP for the Project. The entire CMAR Contingency shall be fixed, based on the Total Construction Budget at the time of the final GMP, after which the CMAR-GMP Contingency shall not be adjusted unless an amount is negotiated with Owner requested Change Orders to the Work of the Project. In the event an adjustment to the CMAR Contingency is negotiated under this paragraph, a lump sum adjustment to the CMAR Contingency shall be equitably determined based on the nature of the changes to the Work, proven changes in the scope of services provided by the CMAR, and any other factor tha t would affect the CMAR risks due to changes to the Work 5.3. The Owner and the CMAR acknowledge that the contingency is included to compensate for eventualities which have not been taken into precise account in the establishment of the GMP, specifically unanticipated costs which do not result in, or cause a change order to the GMP, including (1) legal fees not to exceed in the aggregate five thousand dollars ($5,000.00) associated with defending bid protests or subcontract awards may be authorized by th e Owner as expenditures within the GMP Contingency provided the CMAR is not negligent or at fault, (2) scope gaps between trade Subcontractors, (3) contract default by trade Subcontractors, (4) threat of or damage due to Acts of God to the extent not otherwise covered by insurance; (5) costs of corrective Work not provided for elsewhere and (6) unforeseen field conditions and design omissions which a prudent CMAR should reasonably have detected during the discharge of the CMAR’s pre - construction duties. Costs incurred for such design omissions shall come from the CMAR-GMP Contingency. Design errors which the CMAR could not have reasonably detected will be resolved on a case-by-case basis. These may be paid from the Owner contingency, but shall not be chargeable to the CMAR-GMP Contingency. 5.4. The CMAR-GMP Contingency is not allocated to any particular item of the Cost of the Work, and is established for the CMAR’s use as may be required for increases in costs as noted above. It is understood that the amount of the CMAR-GMP Contingency is the maximum sum available to the Docusign Envelope ID: F9219C15-7734-8BC1-823F-A09B8D5DB43E Page | 9 Revised 12/24 CMAR to cover costs incurred as a result of such unanticipated causes or details, and that cost overruns in excess of the amount of the CMAR-GMP Contingency will be borne by the CMAR. 5.5. The CMAR-GMP Contingency may be applied to any items within the Cost of the Work without the necessity of a change order, without constituting a change in the Work, and without resulting in any change in the GMP. The CMAR will notify the Owner and Project Designer in writing of the CMAR’s intent to apply any part of the CMAR-GMP Contingency to any item within the Cost of the Work prior to any such application. The CMAR shall fully document the change on its copy of the Construction Documents for inclusion in the as-built record documents required by this Contract. 5.6. Unless otherwise agreed by the Owner, and provided that the Total Con struction Budget remains $ , the total CMAR-GMP Contingency for the Project shall not exceed $ . If the Owner changes the Total Construction Budget, the CMAR-GMP Contingency shall not exceed two percent (2.0%), as a value line item of the sum of the Cost of the Work and the CMAR General Conditions, all as more fully defined in this Contr act, as of the date when the final GMP is established and approved by the Owner, subject to modification and limitation as set forth herein. When each GMP is fixed, the CMAR-GMP Contingency for that GMP shall be converted to a lump sum. The entire CMAR Contingency shall be fixed in the final GMP, based on the Total Construction Budget at the time of the final GMP, after which the CMAR Contingency shall not be adjusted unless an amount is negotiated with Owner requested Change Orders to the Work of the Project. 5.7. The amount of the CMAR-GMP Contingency is to be reviewed by the Owner as part of its review of each GMP. The Owner retains the right to specifically request revisions to the amount of the CMAR-GMP Contingency prior to the Owner’s acceptance and approval of each GMP. If, after a contingency is fixed as part of a GMP proposal, the contract prices are lower than anticipated, the CMAR and Owner agree that the CMAR-GMP Contingency shall not be reduced prior to completion of that GMP phase. In the even t that the CMAR is not required to use any or all of the CMAR-GMP Contingency for a particular GMP it shall be carried forward to each subsequent GMP. After final completion of the Project, the Owner shall pay the CMAR percent ( %) of the unused CMAR-GMP Contingency. In the event that there are any funds remaining in any special or dedicated Owner’s allowance, those funds shall be retained solely by the Owner. 6. PROJECT DESIGNER’S STATUS 6.1. The Project Designer shall provide liaison and necessary inspection of the Work to ensure compliance with the Construction Documents. The Project Designer is the agent of the Owner only for the purposes and to the extent stipulated in the various Contract Documents. The Project Designer has authority to stop Work or to order Work removed, or to order corrections of faulty or non-compliant Work where such action may be necessary to assure successful completion of the Work. 6.2. The Project Designer is the impartial interpreter of the Contract Documents, and, as such, shall exercise its powers under the Contract to enforce faithful performance by both the Owner and the CMAR, taking sides with neither. 6.3. Should the Project Designer cease to be employed on the Project for an y reason whatsoever, then the Owner shall employ a competent replacement who shall assume the status of the former Project Designer. 6.4. The Project Designer will make periodic inspections of the Project at intervals appropriate to the stage of construction. The Project Designer will inspect the progress, the quality and the quantity of the Work and shall verify work in place for purposes of payment and verification of payment applications. Docusign Envelope ID: F9219C15-7734-8BC1-823F-A09B8D5DB43E Page | 10 Revised 12/24 6.5. The Project Designer and the Owner shall have access to the Work whenever it is in preparation and progress during normal working hours. The CMAR shall provide facilities for such access so the Project Designer may perform its functions under the Contract Documents. 6.6. Based on the Project Designer’s inspections and evaluations of the Project, the Project Designer shall issue interpretations, directives, and decisions as may be necessary to assist the CMAR in the administration of the Project. The Project Designer’s decisions relating to artistic effect an d technical matters shall be final, provided such decisions are within the limitations of the Contract. The CMAR’s decisions, however, relating to means and methods, and administration of the contracts the CMAR holds are final. 7. DRAWINGS, SPECIFICATIONS AND RECORD DOCUMENTS 7.1. All data, information, material and matter of any nature and all copies thereof in any and all forms whatsoever developed by the CMAR or in the CMAR’s possession or control relating to the Project are the property of the Owner and shall be turned over to the Owner within ten (10) days after the Owner’s request. 7.2. All design drawings and specifications are instruments of service and remain the property of the Owner. The use of these instruments on Work other than this co ntract without permission of the Owner is prohibited. All copies of drawings and specifications other than contract copies shall be returned to the Owner upon request after completion of the Work or in the event of a termination of the Contract by either party. 7.3 Owner will bear the reasonable cost of reproduction and distribution of drawings, sketches, specifications and other Construction Documents for use on the project development and by the CMAR and its Subcontractors for bidding and administrative purposes, up to an allowance of $ . The CMAR shall receive clean sets of black line prints on white paper of all drawings provided by the Owner, the CMAR shall clearly and legibly record in redline all work -in-place that is at variance with the Contract Documents. 7.4. In such cases where the nature of the Work requires clarification by the Project Designer, such clarification shall be furnished by the Project Designer with reasonable promptness by means of written instructions or detail drawings, or both. Clarifications and drawings shall be consistent with the intent of Construction Documents, and shall become a part thereof unless objected to by the Owner’s representative. 7.5. The CMAR shall maintain, in readable condition at its job office, one complete set of working drawings and specifications for its Work, including all shop drawings. Such drawings and specifications shall be available for use by the Project Designer or its authorized representative. 7.6. The CMAR shall require all Subcontractors to provide and CMAR shall maintain in a fire proof safe at the job office a day-to-day record of “as built” work-in-place that is at variance with the Contract Documents. Such variations shall be compiled by and fully noted on Project drawings by the CMAR and submitted to the Project Designer upon Project completion and no later than 30 days after acceptance of the Project. A condition of final payment to the CMAR shall be delivery to the Project Designer, in paper, digital image and/or electronic form, each Subcontractor’s submittal drawings and as-built records, and certification by the Project Designer that it has the information needed to prepare a comprehensive as-built record of the Project for delivery to the Owner in accordance with the Project Designer’s contract. 7.7. The CMAR shall devise, implement and maintain at the Project site, on a current basis, a structured document control system which includes and tracks records of all necessary contracts, RFI’s, shop drawings, samples, purchases, materials, equipment, maintenance and operating manuals and instructions, and any other documents and revisions thereto which arise out of the Contract or the Docusign Envelope ID: F9219C15-7734-8BC1-823F-A09B8D5DB43E Page | 11 Revised 12/24 Work. These documents and copies thereof in paper or electronic form or both as requested shall be readily available to the Owner any time during th e performance of this Contract. 7.8. The CMAR shall arrange for and submit monthly to the Owner and Project Designer, as a General Conditions expense, progress photographs, organized by date into a sequentially labeled, three ring binders or approved electronic equivalent, in sufficient detail to properly record the Work. 8. CODES AND STANDARDS 8.1. Wherever reference is given to codes, standard specifications or other data published by regulating agencies including, but not limited to, national electrical codes, North Carolina state building codes, federal specifications, ASTM specifications, various institute specifications, etc., it shall be understood that such reference is to the latest edition including addenda published prior to the date of the Contract Documents. 9. LABOR, MATERIALS AND EQUIPMENT 9.1. The CMAR shall, unless otherwise specified, contract for and pay for all labor, transportation, materials, tools, construction apparatus, lights, power distribution, generators, heating apparatus, sanitary facilities, water distribution, safety equipment, scaffolding and incidentals necessary for the completion of the Work, shall arrange for the installation, maintenance and re moval all construction equipment, utensils or things, and be responsible for the safe, proper and lawful construction, maintenance and use of same, and the CMAR shall construct in the best and most workmanlike manner, a complete Project and everything inci dental thereto, as shown on the drawings, stated in the specifications, or reasonably implied there from, all in accordance with the Contract Documents. 9.2. All materials shall be new and of quality specified, except where reclaimed material is authoriz ed herein and approved for use. Workmanship shall at all times be of a grade accepted as the best practice of the particular trade involved, and as stipulated in written standards of recognized organizations or institutes of the respective trades except as exceeded or qualified by the specifications. 9.3. As set forth in the Construction Documents or upon reasonable notice from the Owner’s Representative, the CMAR shall require the Subcontractors to furnish warranties and evidence as to quality of materials. 9.4. Products are generally specified by the American Society for Testing and Materials (“ASTM”) or other reference standard and/or by manufacturer’s name and model number or trade name. When specified only by reference standard, the CMAR may selec t any product meeting this standard, by any manufacturer. When several products or manufacturers are specified as being equally acceptable, the CMAR has the option of using any product and manufacturer combination listed. However, the CMAR shall be aware that the cited examples are used only to denote the quality standard of the product desired and that they do not restrict bidders to a specific brand, make, manufacturer or specific name; that they are used only to set forth and convey to bidders the general style, type, character and quality of product desired; and that equivalent products will be acceptable. Request for substitution of materials, items, or equipment shall be submitted to the Project Designer for approval or disapproval; such approval or disapproval shall be made by the Project Designer prior to the opening of bids. 9.5. The CMAR shall obtain written approval from the Project Designer for the use of products, materials, equipment, assemblies or installation methods claimed as equal to tho se specified. Such approvals must be obtained as soon after contract awards as possible and before any materials are ordered. Docusign Envelope ID: F9219C15-7734-8BC1-823F-A09B8D5DB43E Page | 12 Revised 12/24 9.6. The Project Designer shall adjudge the equality of proposed substitution of products, materials or equipment, and its opinion shall be final, unless overridden by the Owner’s Representative in writing, subject to written appeal to the Owner. 9.7. If at any time during the construction and completion of the Work covered by these Contract Documents, the conduct of any worker of the various crafts be adjudged by the Owner’s Representative a nuisance to the Owner or Project Designer, or if any worker be considered detrimental to the Work, the CMAR and the Subcontractor shall order such parties removed immediately from the site and its environs. 10. SUBCONTRACTS AND SUBCONTRACTORS 10.1. The CMAR shall determine the appropriate bid packages based on the available resources. One or more bid packages shall be prepared for each of the general construction, electrical, mechanical , fire protection, and plumbing divisions of the Work of the Project. The CMAR shall prepare any other contract packages for other divisions or subdivisions of the Work. Each Subcontractor may be required by the CMAR to provide bonds and insurance, consistent with the terms of the RFQ. 10.2. First-tier Subcontractors shall be pre-qualified by the CMAR. Only pre-qualified Subcontractors are allowed to bid and contract with the CMAR on a Project. The CMAR and the Owner’s Representative shall confer on the prequalification of lower tier subcontractors, and the CMAR shall decide whether to pre-qualify lower tier subcontractors after giving due regard to the Owner’s MWBE goals. The prequalification criteria shall be determined jointly by the Owner, Project Designer and the CMAR to address quality, performance, time specified in the bids for performance of the Contract, the cost of construction oversight, time for completion, capacity to perform, and other factors deemed appropriate by the Owner. The CMAR shall p ublicly advertise as prescribed in G.S. 143-129; and shall accept bids from first-tier Subcontractors for all construction Work and all General Conditions that are not being self-performed by the CMAR. All bids shall be opened publicly and once they are opened, shall be public record under Chapter 132 of the General Statutes. The CMAR shall award each contact to the lowest responsible, responsive bidder, taking into consideration the Owner’s requirements, quality, performance, time specified in the bids for performance of the contract, the cost of construction oversight, time for completion, compliance with G.S. 143-128.2 and other factors deemed appropriate by the Owner’s Representative and advertised as part of the bid solicitation. If the low bid Subcontr actor fails to account for all costs associated with the scope of the Work on which it is bidding, then the bid may be disqualified at the discretion of the CMAR or modified to show additional Project costs not accounted for. If after modification, the app arent low bid is no longer low, then the CMAR shall disqualify that bid and consider the next low bid submitted. The CMAR shall have the right as outlined above to verify the scope of each low bid in the same manner until it determines the lowest verified bid. 10.3. The CMAR shall conduct pre-bid meetings and award meetings for all contracts. The CMAR shall notify the Owner and Project Designer of each such meeting and shall not hold any such meeting without notification to the Owner and Project Designer. 10.4. The CMAR or Owner may reject all bids and repeat the bidding for a given division of Work or re - package the Work activity. 10.5. The CMAR shall not award or issue notice of award for the Work until certified tabulation of the bids, copies of the bids received, the CMAR’s recommendations for award, a report of the documentation of MWBE participation and documentation of the good faith efforts of the bidders are provided to and reviewed with the Owner. 10.6. The CMAR may not bid on any trade packa ge, nor may the CMAR perform the Work of any trade package except in the case of an emergency or extraordinary circumstance without the written approval of the Owner and Project Designer. The Owner’s Representative may approve the CMAR performing a portion of the Work only if that bidding produces no responsible, responsive bidder for that portion of the Work, the lowest, responsive, responsible bidder will not execute a contract Docusign Envelope ID: F9219C15-7734-8BC1-823F-A09B8D5DB43E Page | 13 Revised 12/24 for the bid portion of the Work, or a Subcontractor defaults and a qualified r eplacement cannot be obtained in a timely manner, and the amount of the Work does not exceed $100,000. Any self- performance of the Work by the CMAR exceeding $100,000 requ ires the approval of the Orange County Commissioners. 10.7. Once Subcontractors are in place, the CMAR shall provide copies of contracts to the Owner and Project Designer, including those for equipment and material suppliers. The CMAR will require the Subcontractors to provide the applicable Contract Documents including insurance certifi cates, MWBE participation schedules, and verification of MWBE participation (by submission of letters of intent, copies of purchase orders, etc.). 10.8. If the Project Designer disapproves of any Subcontractor, then it shall submit its reasons for disapproval in writing to the Owner and CMAR. If the Owner’s Representative concurs with the Project Designer’s recommendation, the CMAR shall submit a substitute for approval. The Project Designer shall act promptly in the approval of material and equipment sup pliers and when approval is given, no changes will be permitted except for cause or reason considered justifiable to the Project Designer and Owner’s Representative. 10.9. The Project Designer will furnish to any Subcontractor, upon request, evidence re garding amounts of money approved for payment to the CMAR on account of the Subcontractor’s Work. 10.10. The CMAR is and remains fully responsible for its own acts or omissions as well as those of any Subcontractor or of any employee of either. The CMAR agrees that no contractual relationship exists between the Subcontractor and the Owner in regard to the Contract, and that the Subcontractor acts on its Work as an agent or employee of the CMAR. The CMAR shall prepare bid documents and construction contract conditions for the Subcontracts for the Work, with the participation of the Design Professional as set forth in the Design Agreement. Bid documents containing (but not limited to) the terms described below shall be prepared by the CMAR and the Design Professional as indicated: 10.10.1. Designer and CMAR: Any procedure or condition requested by the Owner's Representative in writing that is consistent with this Contract. 10.10.2. CMAR: Time of completion and liquidated damages. 10.10.3. Designer and CMAR: Alternate bids – as previously established with Owner’s representative and CMAR’s approval. 10.10.4. Designer and CMAR: Allowances - as previously established with Owner’s representative and CMAR’s approval. 10.10.5. Designer and CMAR: Any condition peculiar to the Project and the requirements of the particular contract. 10.10.6. CMAR: Tax reporting and payment procedures. 10.10.7. CMAR: Bid, Payment and Performance Bond forms and procedures in accordance with NC General Statutes. 10.10.8. CMAR: Insurance coverages and certificates. 10.10.9. CMAR: A statement emphasizing execution of the contract(s) and delivery to the CMAR and Owner in accordance with General Statutes (within 10 days of award). 10.10.10. Designer and CMAR: Determine special definitions, such as “unclassified excavation, mucking or rock”, etc. 10.10.11. CMAR: Develop procedures for the Subcontractor(s) to request and the Owner’s Representative to authorize field and laboratory testing by qualified independent testing agent, which typically include soils, concrete, masonry, asphalt, steel, welding, etc. in accordance with ASTM standards. The CMAR and Project Designer shall participate in reviewing qualification Docusign Envelope ID: F9219C15-7734-8BC1-823F-A09B8D5DB43E Page | 14 Revised 12/24 statements from local testing companies, evaluating with the Project Designer and Owner, and providing a final recommendation to the Owner. Subsequent to the Owner’s Representatives approval, the CMAR shall participate in seeking proposals for separate contracts as required for testing and special testing necessary for the Project and recommending selection to the Designer and Owner, and the execution of contracts. The cost of independent testing agent(s) is not included in CMAR’s GMP. 10.10.12. CMAR: Provisions which establish appropriate incentives and remedial measures for enforcing the contract requirements during construction. 10.10.13. CMAR: Retention of five percent (5%) retainage shall be withheld, provided however, that after fifty percent (50%) of the contractor’s work has been satisfactorily completed on schedule, with approval of the owner and the Designer and written consent of the surety, further requirements for retainage will be waived only so long as work continues to be completed satisfactorily and on schedule. Deductions shall be allowed by the Owner from the amount of final payment to reimburse any funds expended for repair of warranty items due to failure of the CMAR to achieve such repairs in a timely manner (48 hours for life \safety and 15 working days for all other items). 10.10.14. Designer: provide a Listing of all Construction Documents. 10.10.15. CMAR: The Subcontractors shall be required to perform corrections to their Work and fulfill all Project closeout requirements in a timely manner. 10.10.16. CMAR: The CMAR shall require Subco ntractors to organize their Work, and incorporate scheduling by the CMAR in accordance with the Owner’s requirements. 10.10.17. CMAR: No retention shall be withheld on the CMAR’s General Conditions Allowance expenditures. 11. BUSINESS PARTICIPATION GOALS AND STANDARDS 11.1. The CMAR shall identify subcontract packages that will be selected from the local contracting community. 11.2. Orange County requires documentation of good faith efforts for meeting established MWBE goals. 11.3. The Subcontractor and CMAR shall comply in all respects with the Owner’s MWBE policies, rules and regulations. The stated goals for this contr act are percent ( %) MBE, and percent ( %) WBE. Percentages include all tiers of subcontractors in accordance with local and state laws and regulations. 11.4. The CMAR shall report all information required by local and state law and regulations to the Owner within ten (10 days) after the end of the quarte r ( March 31, June 30, September 30 and December 31) the GMP package is completed, which in turn will submit to the North Carolina Department of Administration, office of Historically Underutilized Businesses. 11.5. To increase participation, if necessary, the CMAR may, with the written approval of the Owner’s Representative, waive performance or payment bonds by Subcontractors, or may offer the participation of the CMAR as a guarantor or surety in the financing of materials purchases by Subcontractors, provided that the CMAR may condition such financing participation upon the issuance of joint checks or other similar arrangements to allow the CMAR to verify that timely payments are made to suppliers furnishing credit. 11.6. The CMAR shall not discriminate against any employee, applicant for employment, contractor, or subcontractor with regard to race, ethnicity, biometric information, gender, gender identity, color, religion, sex, national origin, or veteran status. The CMAR agrees not to discriminate against any position for which the employee or applicant is qualified. The CMAR agrees to take affirmative Docusign Envelope ID: F9219C15-7734-8BC1-823F-A09B8D5DB43E Page | 15 Revised 12/24 action to employ, advance in employment, and otherwise treat qualified disabled individuals without discrimination based upon their physical or mental disability in all employment practices. 12. CONSTRUCTION MANAGER AND SUBCONTRACTOR RELATIONSHIPS 12.1. The CMAR agrees that the requirements of these Contract Documents shall apply equally to each Subcontractor as to the CMAR, and the CMAR agrees to take such action as may be necessary to bind each Subcontractor to these requirements. The CMAR further agrees to conform to the Code of Ethical Conduct as adopted by the Associated General Contractors of America, Inc., with respect to CMAR-Subcontractor relationships, and that payments to Subcontractors shall be made in accordance with the provisions of G.S. 143-134.1 providing for interest on final payments due to prime Subcontractors and sub-subcontractors. 12.2. Within seven (7) days after the CMAR receives each periodic or final payment and its bank makes the funds available after deposit, the CMAR shall pay each Subcontractor based on Work completed or service provided under the Contract. Should any periodic or final payment to a Subcontractor be delayed by more than seven days after receipt of periodic or final payment by the CMAR, the CMAR shall pay the Subcontractor interest, beginning on the eighth day, at the rate of one percent (1%) per month or fraction thereof on such unpaid balance as may be due, provided the Subcontractor has conformed to the specified billing procedures and insurance requirements. 12.3. The retainage withheld from payments made by the CMAR to the Subcontractor shall not exceed the retainage reflected in the CMAR payment applications and payments made by the Owner to the CMAR. Any retainage on payments made by the CMAR to the Subcontractor that exceeds the corresponding retainage on payments made by the Owner to the CMAR shall be subject to interest to be paid by the CMAR to the Subcontractor at the rate of one percent (1%) per month or fraction thereof. 12.4. Nothing in this section shall prevent the CMAR at the time of application and certification to the Owner from withholding application and certification to the Owner for payment to a Subcontractor for unsatisfactory job progress; defective construction not remedied; disputed Work; third -party claims filed or reasonable evidence that claim will be filed; failure of Subcontractor to make timely payments for labor, equipment and materials; damage to CMAR or another Subcontractor; reasonable evidence that the contract cannot be completed for the unpaid balance of the contract sum; or a reasonable amount for retainage not to exceed the initial percentage retained by Own er. 13. SEPARATE CONTRACTS 13.1. Without invalidating the relationships with the CMAR, the Owner reserves the right to let other contracts in connection with the Project, the Work under which shall proceed simultaneously with the execution of the CMAR’s Work. Separate contracts may include materials or equipment that the Owner elects to provide itself. The Owner may also enter into separate contracts with testing firms or other technical support firms to assist the Owner in connection with the Project. The CMAR shall afford other separate Subcontractors reasonable opportunity for the execution of their Work and for the introduction and storage of their materials, and the CMAR shall take all reasonable action to coordinate its Work with theirs. If the Wor k performed by the separate Subcontractor is defective or so performed as to prevent the CMAR from carrying out its Work according to the plans and specifications, the CMAR shall immediately notify the Project Designer and the Owner upon discovering such conditions. 14. WARRANTY AND GUARANTEE 14.1. The CMAR unconditionally warrants and guarantees all materials and workmanship against patent defects arising from faulty materials, faulty workmanship or negligence for a period of twenty-four (24) months following the date of substantial completion of the Work and beneficial occupancy and shall replace such defective materials or workmanship without cost to the Owner. Docusign Envelope ID: F9219C15-7734-8BC1-823F-A09B8D5DB43E Page | 16 Revised 12/24 14.2. In addition to the foregoing general warranty, the Owner may require extended war ranties for specified building components, including without limitation mechanical and electrical equipment, elevators and escalators, security equipment, roof, curtain wall, doors and waterproofing. Extended warranties shall be specified in the Construction Documents or specific written instructions from the Owner. All such extended warranties shall either be provided by the CMAR or by a Subcontractor or manufacturer. If the warranty is provided by a Subcontractor or manufacturer, the warranty shall explicitly state that it is for the benefit of and may be enforced by the Owner. Such warranties shall provide, at a minimum, for the repair or replacement of defective or non - conforming components within the warranty period. Beyond its general twelve (12) month warranty, the CMAR shall not be responsible for extended warranties given by a Subcontractor or manufacturer, so long as the Owner has the benefit of and right to enforce the warranty. 14.3. Additionally, the Owner may bring an action against the CMAR for latent defects which are hidden or not readily apparent to the Owner at the time of beneficial occupancy or final acceptance, whichever occurred first, in accordance with applicable law. 14.4. The CMAR services shall extend through the completion of the warranty phase; once Project Closeout is achieved, however, the CMAR’s obligations and services are limited to Warranty obligations. 15. ROYALTIES, LICENSES AND PATENTS 15.1. It is the intention of the Contract Documents that the Work covered her ein will not constitute in any way infringement of any patent whatsoever unless the fact of such patent is clearly evidenced herein. The CMAR shall protect and save harmless the Owner against suit on account of alleged or actual infringement. The CMAR shall pay all royalties and/or license fees required on account of patented articles or processes, whether the patent rights are evidenced hereinafter. 16. PERMITS, INSPECTIONS, FEES, REGULATIONS 16.1. The CMAR shall give all notices and comply with all laws, ordinances, codes, rules and regulations bearing on the conduct of the Work under the Contract. If the CMAR observes that the drawings and specifications are at variance therewith, it shall promptly notify the Project Designer and Owner in writing. Any necessary changes required after contract award shall be made by change order. If the CMAR performs any Work knowing it to be contrary to such laws, ordinances, codes, rules and regulations, and without such notice to the Project Designer and Owner, it s hall bear all cost arising there from. Additional legal requirements implemented after bidding will be subject to equitable adjustments to the GMP. 16.2. All Work under the CMAR Contract shall conform to the North Carolina State Building Code and other State, local, and national codes as are applicable. The cost of all required regulatory agency inspections under State, local and national codes shall be the responsibility of the CMAR and its Subcontractors. Costs for re-inspections by Orange County or other regulatory agencies, to the extent attributable to the CMAR and its Subcontractors, shall be the responsibility of the CMAR and its Subcontractors. 16.3. The CMAR shall cooperate with the state, county or municipal authorities by obtaining building and other required permits. Permits shall be obtained by the CMAR, but paid for by the Owner. 17. CONDUCT AND USE OF PREMISES 17.1. The CMAR shall confine its apparatus, the storage of materials and the operations of its workers to limits as indicated by law, ordinances, permits or directions of the Project Designer and Owner’s Representative and shall not exceed those established limits in its operations. Docusign Envelope ID: F9219C15-7734-8BC1-823F-A09B8D5DB43E Page | 17 Revised 12/24 17.2. The CMAR shall not load or permit any part of the structure to be loaded with a weight t hat will endanger its integrity or safety. 17.3. The CMAR shall enforce the Project Designer’s and Owner’s Representative’s instructions regarding signs and advertisements. 17.4. The CMAR, its Subcontractors and employees shall not possess or carry, whether openly or concealed, any gun, rifle, pistol, or explosive on any property owned by the Owner. This includes firearms locked in containers, vehicles or firearm racks within vehicles. 17.5. The CMAR, its Subcontractors and employees, are prohibited from profane, lewd, obscene or offensive conduct or language, including engaging in sexual harassment. 17.6. The CMAR and its Subcontractors shall not manufacture, transmit, conspire to transmit, possess, use or be under the influence of any alcoholic or other intoxicating beverage, narcotic drug, hallucinogenic drug, amphetamine, barbiturate, marijuana or anabolic steroids, or possess, use, transmit or conspire to transmit drug paraphernalia on any property owned by the Owner, except pursuant to a drug prescription by a physician. 17.7. Smoking or use of any tobacco product is prohibited in any enclosed or occupied facility at all times. The use of tobacco products is prohibited at all times on all sites routinely occupied by staff, and in enclosed areas of unoccupied sites. An enclosed area for construction projects shall be defined as a dried-in area as designated by the Project Designer. 17.8. The CMAR, its employees, its Subcontractors and their employees shall not solicit from or sell anything within the Owner’s facilities. 17.9. Operators of all commercial vehicles on any property owned by the Owner shall be subject to post - accident, random, reasonable suspicion and follow-up testing for drugs and alcohol. 17.10. The CMAR shall at all times enforce strict discipline and good order among its employees and shall not employ any unfit person or anyone not skilled in the task assigned to it. The Owner may require the CMAR to remove any employee or Subcontractor the Owner deems incompetent, careless or otherwise objectionable. 17.11. All agents and workers of the CMAR and its Subcontractors shall wear identification badges approved by the Owner’s Representative and provided by the CMAR at all times they are on the Owner’s property. The identification badges shall at a minimum display the company name, telephone number, employee name and a picture of the employee. The CMAR and its Subcontractors shall comply with the Owner’s access procedures when working on any existing facility. Owner and its representatives reserve the right to require the CMAR to immediately remove any such person(s) failing to comply with this requirement until such time as proper identification requirements are complied with. 18. CUTTING, PATCHING AND DIGGING 18.1. The CMAR shall ensure satisfactory performance of all cutting, fitting , or patching that may be required to make the Work come together properly and fit to receive or be received by Work of other Subcontractors shown upon or reasonably implied by the drawin gs and specifications for the completed structure, as the Project Designer may direct. 18.2. Any cost brought about by defective or ill-timed Work shall be borne by the party responsible therefore. Docusign Envelope ID: F9219C15-7734-8BC1-823F-A09B8D5DB43E Page | 18 Revised 12/24 18.3. No Subcontractor shall endanger any Work of another such Subcontractor by cutting, digging, or other means, nor shall any Subcontractor cut or alter the Work of any other such Subcontractor without the consent of the Project Designer and the affected Subcontractor(s). 19. UTILITIES, STRUCTURES, SIGNS 19.1. Prior to the operation of permanent systems, the CMAR will cooperate with the Owner to arrange for temporary power, lighting, water, and heat to maintain space temperature above freezing, as required for construction operations. Utility charges for temporary power, lighting, water, and heat will be paid directly by the Owner, unless the Owner directs the CMAR to pay such charges as a General Conditions expense. 19.2. The CMAR shall provide or arrange for as appropriate necessary and adequate a pparatus and facilities for water, electricity, gas, fuel, oil, sewer, and other utility services, which may be required for completion of the Project. It is anticipated that the Owner will pay directly to the each utility company all public utility charges for metered utilities such as water, sewer and power. Nevertheless, if requested by the Owner, any permanent meters installed shall be listed in the CMAR’s name until its Work is deemed substantially complete and occupied by the Owner, and the Owner may hold the CMAR responsible for extended utility charges in the event completion of the Project is delayed. The Owner or CMAR, as applicable, shall cooperate with one another to recover actual costs of metered utilities from the responsible party should dela ys occur in Project completion. Extended metered utility costs are in addition to the liquidated damages provided for elsewhere in this Contract. 19.3. Any meters listed in the name of the CMAR shall be re-listed in the Owner’s name on the day following completion and acceptance of the CMAR’s Work, and the Owner shall pay for services used after that date. 19.4. The Owner shall be reimbursed for all metered utility charges after the meter is re -listed in the Owner’s name and prior to completion and acceptance of the Work of all Subcontractors. Reimbursement shall be made by the Subcontractor that’s Work has not been completed and accepted. 19.5. The CMAR shall have the permanent building systems in sufficient readiness for furnishing temporary climatic control at the time a building is enclosed and secured. The HVAC systems shall maintain climatic control throughout the enclosed portion of the building sufficient to allow completion of the interior finishes of the building. A building shall be consid ered enclosed and secured when windows, doorways (exterior, mechanical, and electrical equipment rooms), and hardware are installed; and other openings have protection, which will provide reasonable climatic control. The appropriate time to start the mechanical systems and climatic condition shall be jointly determined by the CMAR and the Project Designer. Use of the equipment in this manner shall in no way affect the warranty requirements of the CMAR. 19.6. The CMAR shall coordinate the Work so that the building’s permanent power wiring distribution system shall be in sufficient readiness to provide power as required by the HVAC Subcontractor for temporary climatic control. 19.7. The CMAR shall coordinate the Work so that the building’s permanent ligh ting system shall be ready at the time the Subcontractors begin final interior painting and other final interior finishes and shall provide adequate lighting in those areas where other interior painting and finishing is being performed. 19.8. The CMAR shall be responsible for its permanently fixed service facilities and systems in use during progress of the Work. The following procedures shall be strictly adhered to: Docusign Envelope ID: F9219C15-7734-8BC1-823F-A09B8D5DB43E Page | 19 Revised 12/24 19.8.1. Prior to acceptance of Work by the Owner, the CMAR shall coordinate the remov al and replacement of any parts of the permanent building systems damaged through use during construction. Docusign Envelope ID: F9219C15-7734-8BC1-823F-A09B8D5DB43E Page | 20 Revised 12/24 19.8.2. Temporary closures or filters shall be installed in each of the heating and air conditioning units and at each return grille during constr uction. New filters shall be installed in each unit prior to the Owner’s acceptance of the Work. 19.8.3. Extra effort shall be maintained to keep the building and the site adjacent to the building clean. Under no circumstances shall air systems be opera ted if finishing and site Work operations are creating dust in excess of what would be considered normal if the building were occupied. 19.8.4. It shall be understood that any warranty on equipment presented to the Owner shall extend from substantial completion and occupancy by the Owner. The cost of maintaining the equipment during operation in the finishing stages of construction shall be borne by the Subcontractor whose system is utilized. 19.8.5. The CMAR shall ensure that all lamps are in proper working condition at the time of final Project acceptance. 19.9. The CMAR shall provide, if required and where directed, a shed for toilet facilities and shall furnish and install in its shed all water closets required for a complete and adequate sanitary arrangement. These facilities will be available to other Subcontractors on the job and shall be kept in a neat and sanitary condition at all times. Chemical toilets are acceptable. 19.10. The CMAR shall, if needed and where directed by the Owner’s Re presentative, erect a temporary field office, complete with lights, telephone, heat and air conditioning. A portion of this office shall be partitioned off, of sufficient size, for the use of the Project Designer, should the Owner’s Representative so direc t. 19.11. The CMAR is responsible for making temporary elevators, lifts, or other special equipment available for the general use of all Subcontractors. The cost for such elevators, lifts or other special equipment and the safe and efficient operation thereof may be included in the CMAR’s General Conditions. 19.12. The CMAR will erect one sign on the Project, and may erect others if approved by the Owner’s Representative. The sign(s) shall be of sound construction, and shall be neatly lettered. The sign(s) shall bear the name or logos approved by the Owner’s Representative of participants on the Project, and the CMAR’s name, and the name of the Project Designer and consultants. Directional signs may be erected on the Owner’s property subject to approval of the Owner with respect to size, style and location of such directional signs. Such signs may bear the name of the CMAR and a directional symbol. All signs must comply with all local sign, appearance, and traffic ordinances. No other signs will be permitted except by permission of the Owner’s Representative. 20. CLEANING UP 20.1. The CMAR shall ensure that the building and surrounding area is reasonably free from rubbish at all times, and shall remove debris from the site on a timely basis or when directed to do so by the Owner’s Representative. The CMAR shall provide an on-site refuse container(s) for the use of all Subcontractors. The CMAR shall ensure that each Subcontractor removes their rubbish and debris from the building on a daily basis. The CMAR shall ensure that the building is broom cleaned as required to minimize dust and dirt accumulation. 20.2. The CMAR shall provide and maintain suitable all-weather access to the construction site and all buildings. Docusign Envelope ID: F9219C15-7734-8BC1-823F-A09B8D5DB43E Page | 21 Revised 12/24 20.3. Before final inspection and acceptance of the building, the CMAR shall ensure that all portions of the Work are clean, including glass, hardware, fixtures, masonry, tile and marble (using no acid). The CMAR shall clean and wax all floors as specified, and completely prepare the building for use by the Owner, with no cleaning required by the Owner. 21. PROTECTION OF WORK, PROPERTY AND THE PUBLIC 21.1. The CMAR shall be responsible for the entire site and the building or construction of the same and provide all the necessary protections, as required by the Owner’s Representative or Project Designer, and by laws or ordinances governing such conditions. Consistent with the indemnification provisions elsewhere in this Contract, and subject to the benefits of any Owner - controlled or Owner-provided insurance that covers the interests of the CMAR and its Subcontractors, the CMAR shall be responsible for protecting the public and those on the site against all bodily injury or harm, and protecting against any damage to the Work, to adja cent property, and to property of others. The CMAR shall have access to the Project at all times. Subject to its ultimate contractual responsibility for protection of work, property and the public under this Contract, and subject to any non-delegable duties imposed by law, the CMAR may delegate to Subcontractors these obligations of the CMAR under this Contract, and may obtain indemnification and insurance from Subcontractors as the CMAR deems reasonable and prudent. 21.2. The CMAR shall provide cover and protect all portions of the structure when the Work is not in progress, provide and set all temporary roofs, covers for doorways, sash and windows, and all other materials necessary to protect all the Work on the building, whether set by it, or any of th e Subcontractors. 21.3. Any Work damaged through the lack of proper protection or from any other cause, shall be repaired or replaced without extra cost to the Owner. 21.4. No fires of any kind will be allowed inside or around the operations during t he course of construction without special permission from the Owner’s Representative. 21.5. The CMAR shall protect all trees and shrubs designated to remain in the vicinity of the operations by building substantial boxes around same. The CMAR shall barricade all walks, roads, etc., as directed by the Project Designer to keep the public away from the construction. All trenches, excavations or other hazards in the vicinity of the Work shall be well barricaded and properly lighted at night. 21.6. The CMAR shall develop and implement a Project safety program in accordance with the RFQ and applicable regulations. The Owner will have final approval of the CMAR's Safety Program. The Owner’s Representative may require additional safety measures before granting approval. Subcontractors must also comply with any such additional safety requirements of the OCIP program. The CMAR shall report, to the Owner, as part of each monthly report, any safety violations and actions taken to protect the safety of persons and p roperty engaged in the Project. The CMAR may require that all Subcontractors meet the CMAR’s safety program requirements including where those requirements meet or exceed State or Federal requirements. 21.7. The CMAR shall be responsible for all necessar y safety measures for the protection of all persons on the job, including the requirements of the Associated General Contractors of America Accident Prevention Manual in Construction, as amended, and shall fully comply with all state, federal, and local laws or regulations and North Carolina State Building Code requirements to prevent accident or injury to persons on or about the location of the Work. The CMAR shall clearly mark or post signs warning of hazards existing, and shall barricade excavations, ele vator shafts, stairwells and similar hazards. The CMAR shall protect against damage or injury resulting from falling materials and shall maintain all protective devices and signs throughout the progress of the Work. Docusign Envelope ID: F9219C15-7734-8BC1-823F-A09B8D5DB43E Page | 22 Revised 12/24 21.8. The CMAR shall, at a minimum, adhere to the rules, regulations and interpretations of the North Carolina Department of Labor relating to Occupational Safety and Health Standards for the Construction Industry. 21.9. The CMAR shall designate a responsible member of its organization as safety inspector, whose duties shall include accident prevention on the Project. The name of the full -time onsite safety inspector shall be made known to the Project Designer and Owner at the time the Work is started. The CMAR will provide the Owner’s Representative with the name of each Subcontractor’s onsite safety officer. 21.10. In the event of emergency affecting the safety of life, the protection of Work, or the safety of adjoining properties, the CMAR is hereby authorized to act at its own discret ion, without further authorization from anyone, to prevent such threatened injury or damage. Any compensation claimed by the CMAR on account of such action shall be determined as provided for under Sections 3 and 33 herein. 21.11. If reasonable precautions are inadequate to prevent foreseeable bodily injury or death to persons resulting from a material or substance encountered but not created on the site by the CMAR or its Subcontractors, the CMAR shall, upon recognizing the condition, immediately stop W ork in the affected area and report the condition to the Owner and Project Designer in writing. The Owner shall take responsibility for remediation of the material or substance from the site. If the CMAR claim’s its progress in completing the Project is delayed because of the Owner’s remediation of the site, the CMAR shall file notice and a claim in accordance with this Contract. 22. SEDIMENTATION POLLUTION CONTROL 22.1. Any land-disturbing activity performed by the CMAR in connection with the Project shall comply with all erosion control measures set forth in the Construction Documents and any additional measures which may be required in order to ensure that the Project is in full compliance with all state, federal, and local stormwater, erosion contro l, and sedimentation control laws, regulations, ordinances, rules, and regulations. 22.2. Upon receipt of notice that a land-disturbing activity is in violation of said act, the CMAR shall be responsible for ensuring that all steps or actions necessary to bring the Project in compliance with said act are promptly taken and shall incur the cost of any related fines. 22.3. The CMAR shall be solely responsible for defending any legal actions instituted pursuant to N.C.G.S. 113A-64. 22.4. To the fullest extent permitted by law, the CMAR shall indemnify and hold harmless the Owner, the Project Designer and the agents, consultants and employees of the Owner and Project Designer, from and against all claims, damages, civil penalties, losses and expenses, i ncluding, but not limited to, attorneys’ fees, arising out of or resulting from the performance of Work or failure of performance of Work, provided that and only to the extent that any such claim, damage, civil penalty, loss or expense is attributable to the CMAR or its subcontractors and is a violation of the Sedimentation Pollution Control Act. Such obligation shall not be construed to negate, abridge or otherwise reduced any other right or obligation of indemnity which would otherwise exist as to any party or persons described in this Contract, including specifically paragraph 48. 23. INSPECTION OF THE WORK 23.1. It is a condition of this contract that the Work shall be subject to inspection during normal working hours by the Project Designer, designated official representatives of the Owner, and those persons required by state law to test special Work for official approval. The CMAR shall therefore provide safe access to the Work at all times for such inspections. Docusign Envelope ID: F9219C15-7734-8BC1-823F-A09B8D5DB43E Page | 23 Revised 12/24 23.2. All instructions to the CMA R regarding the interpretation of the plans and specifications will be made only by or through the Project Designer or its designated Project representative. Observations made by official representatives of the Owner shall be conveyed to the Project Design er for review and coordination prior to issuance to the CMAR. 23.3. Where special inspection or testing is required by virtue of any state laws, instructions of the Project Designer, specifications or codes, the CMAR shall give adequate notice to the Pr oject Designer and Owner of the time set for such inspection or test, if the inspection or test will be conducted by a party other than the Project Designer. Such special tests or inspections will be made in the presence of the Project Designer and Owner’s representative or the Owner’s designated agent, and it shall be the CMAR’s responsibility to serve ample notice of such tests. 23.4. All laboratory tests shall be paid by the Owner unless provided otherwise in the Contract Documents except the CMAR shall pay for laboratory tests to establish design mix for concrete, and for additional tests to prove compliance with Contract Documents where materials have tested deficient except when the Owner’s testing laboratory did not follow the appropriate ASTM test ing procedures. 23.5. The CMAR shall perform quality control inspections on the Work of the Subcontractors to guard the Owner against defects and deficiencies in the Work and shall coordinate its activity with the on - site duties of the Project Designer. The CMAR shall advise the Project Designer of any apparent variation and deviation from the intent of the Construction Documents and shall take the necessary action to correct such variations and deviations from the intent of the Construction Documents. T he CMAR shall provide two sets of all inspection reports (in binder form) as part of the job progress meetings to the Project Designer and the Owner. 23.6. The Owner reserves the right to independently contract for compliance inspection and testing. The CMAR shall incorporate and coordinate its services with inspections agents provided by the Owner in general accordance with the State of North Carolina, Department of Administration, State Construction Office’s “Special Inspections Guidelines” 23.7. The CMAR shall record and effectuate the correction of deficiencies submitted by the Owner and the Project Designer. 23.8. The Project Designer shall in all cases make final interpretation of the Contract Documents and rule on compliance of the Work. 23.9. Should any Work be covered up or concealed prior to required inspection and approval by the Project Designer, such Work shall be uncovered or exposed for inspection, if so requested by the Project Designer in writing. Inspection of the Work will be made p romptly upon notice from the Subcontractor. All cost involved in uncovering, repairing, replacing, recovering and restoring to design condition, the Work that has been covered or concealed will be paid by the CMAR. 23.10. If any other portion of the Wor k has been covered which the Project Designer has not specifically requested to observe prior to being covered, the Project Designer or Owner’s Representative may request to see such Work and it shall be uncovered by the CMAR. If such Work be found in accordance with the Construction Documents, the cost of uncovering and replacement shall, by appropriate change order, be charged to the Owner. If such Work be found not in accordance with the Contract Documents, the CMAR shall pay such costs. 24. TIME OF COMPLETION, DELAYS, EXTENSION OF TIME 24.1. The pre-construction services schedule shall not exceed one calendar year from the execution of this Agreement. Once the Notice to Proceed is issued, the CMAR will complete construction services within sixteen (16) months and one (1) month for state and local occupancy permitting inspections, for a total of seventeen (17) months. The CMAR shall commence provision of services under this Contract not later than five days after the date of this Contract, and shall fully Docusign Envelope ID: F9219C15-7734-8BC1-823F-A09B8D5DB43E Page | 24 Revised 12/24 complete all services hereunder and accomplish the substantial and final completion of the Project in accordance with the following target schedule, which shall be adhered to unless otherwise agreed by the Owner: 24.1.1. GMP#1 – Design Package Completion 24.1.2. CMAR submits GMP#1 to Owner 24.1.3. Board Approval of GMP#1 24.1.4. GMP#2 – Design Package Completion 24.1.5. Presentation of Schematic Design 24.1.6. Completion of Schematic Design 24.1.7. CMAR submits GMP#2 to Owner 24.1.8. Board approval of GMP #2 24.1.9. Completion of Design Development 24.1.10. GMP #3 – Design Package Completion 24.1.11. CMAR submits GMP # 3 to Owner 24.1.12. Presentation of Design Development 24.1.13. Board approval of GMP #3 24.1.14. GMP #4 Design Package Completion 24.1.15. CMAR submits GMP # 4 to Owner 24.1.16. Board approval of GMP #4 24.1.17. GMP #5 Design Package Completion 24.1.18. CMAR submits GMP # 5 to Owner 24.1.19. Presentation of Construction Documents 24.1.20. Board approval of GMP #5 24.1.21. Substantial Completion – Move In 24.1.22. Punch List Completion 24.1.23. Project Final Completion 24.1.24. Completion of Closeout and Warranty . 24.2. The Project shall be brought to Substantial and Final Completion within the time prescribed by the Project schedule that is updated and established at the time the final GMP is accepted, which shall be in accord with the foregoing target schedule as extended by the Owner by change order in accordance with the Contract. Docusign Envelope ID: F9219C15-7734-8BC1-823F-A09B8D5DB43E Page | 25 Revised 12/24 24.3. If the CMAR is delayed at any time in the progress of its Work by any act or negligence of the Owner or the Project Designer, or by any employee of either; by changes ordered in the Work; by labor disputes at the Project site; by abnormal weather conditions not reasonably anti cipated for the locality where the Work is performed; by unavoidable casualties; by any causes beyond the CMAR’s control; or by any other causes which the Project Designer and Owner determine may justify the delay, then the contract time may be extended by change order for the time which the Project Designer and Owner may determine is reasonable. Contract defaults or other breaches of any legal duty by a Subcontractor shall not be grounds for a time extension under this Contract. Time extensions will not be granted for rain, wind, snow or other natural phenomena of normal intensity for the locality where Work is performed. For purpose of determining the extent of delay attributable to unusual weather phenomena, a determination shall be made by comparing the weather for the contract period involved with the average of the preceding twenty (20) year climatic range during the same time interval based on the National Oceanic and Atmospheric Administration National Weather Service statistics for the locality where Work is performed and on daily weather logs kept on the job site by the CMAR reflecting the effect of the weather on progress of the Work and initialed by the Project Designer. Time extensions for weather delays shall not entitle the CMAR to an increase in the GMP. 24.4. It is the CMAR’s responsibility to meet the required construction completion dates, as extended by the Owner in accordance with the Contract. As an inducement to the CMAR to meet the required substantial completion date for the Project, the Owner will include in the Total Construction Budget an Early Completion Bonus Fund amount of one percent (1.0%) of the actual Project GMP, which shall be payable to the CMAR as an Early Completion Bonus if the Project is completed prior to the substantial completion date, as extended in accordance with this Contract and further provided that the Project is completed under budget and so long as including payment of the Early Completion Bonus Fund does not result in an amount that exceeds the Total Const ruction Budget. This Early Completion Bonus, if earned, will be included in the final payment to the CMAR. If the CMAR decides that any action must be taken in order to meet its contractual responsibility to complete the Project on time or to mitigate liquidated damages payable to the Owner, including for example and without limitation forcing Subcontractors to work overtime, increase labor forces or staffing, or work out of sequence, then the CMAR may, upon written notice to the Owner, waive its right to the Early Completion Bonus. Upon notice that the CMAR waives its right to the Early Completion Bonus, the Owner shall make the funds budgeted for the Early Completion Bonus available to the CMAR to pay the actual costs of such action as a Cost of the Work. The CMAR will enforce all rights and remedies that it has against any and all Subcontractors that are responsible for the failure to complete the Project within the schedule, and reimburse the Owner for the sums contributed under this paragraph to the extent the CMAR is able to recover those costs from those Subcontractors. If the Project is not substantially complete by the substantial completion date as extended, the Early Completion Bonus shall be deemed automatically waived without further notice, and the funds shall be made available to take action to maintain the Project on schedule. Once the funds budgeted for the Early Completion Bonus are exhausted, all costs associated with any action taken to stay within the completion schedule are the CMAR’s responsibility within the GMP. If the CMAR finds that the schedule is likely to be impacted by an action or inaction on the part of the Owner, the CMAR must review the situation with the Owner in a timely manner, and if necessary, to obtain a change order amen dment for such Work prior to taking any action which has a time and/or cost impact. All change orders will be settled in full. No caveats for later settlement of time extensions or delays will be accepted. 24.5. Request for extension of time shall be mad e in writing within ten (10) days following the event that is the cause of delay. In case of continuing cause for delay, the CMAR shall notify the Project Designer of the delay within 20 days of the beginning of the delay and only one claim is necessary. Failure to make a timely claim will constitute a waiver of said claim for extensions of time or for monetary compensation. 24.6. The CMAR shall notify its surety in writing of each extension of time granted. Docusign Envelope ID: F9219C15-7734-8BC1-823F-A09B8D5DB43E Page | 26 Revised 12/24 24.7. The schedule for all responses by the Project Designer to submittals by the CMAR shall be part of the Project schedule, as amended from time to time in accordance with the Contract. No request for a time extension shall be allowed on account of failure of the Project Designer to process any type of submittals, furnish drawings, or provide instructions unless and until the CMAR provides written notice of the request and processes it in accordance with paragraphs 24.4 and 24.5. 24.8. Should the CMAR fail to bring the Project to substantial completion within the time prescribed by the schedule that is established at the time the final GMP is accepted (or such later date as may result from extension of time granted by the Owner), the CMAR shall be liable to the Owner for delay damages as set forth herein. The CMAR acknowledges that delays will damage the Owner, but also acknowledges that proof of such damages would be difficult and costly for both parties, and that the injury to the Owner which could result from a failure of the CMAR to complete on schedule is uncertain and cannot be computed with exact precision. In order to liquidate in advance the delay damages that the Owner will be entitled to recover from the CMAR in the event of unexcused delays in the completion of the Project, the CMAR agrees that it will pay, and that the Owner may retain from the funds otherwise to be paid to the CMAR, the following liquidated damages, which sums are agreed upon as a reasonable and proper measure of damages which the Owner will sustain by failure of the CMAR to complete Work within the time stipulated: 24.8.1. The sum of $ per day for each consecutive calendar day that the CMAR fails to achieve substantial completion of the entire Project; provided that the daily liquidated damages to be assessed against and paid by the CMAR through the date of substantial completion shall not exceed and No/100 dollars ($ ). 24.8.2. In addition to the foregoing daily liquidated damages, the CMAR shall pay as Event Liquidated Damages an additional one-time charge of $ for failure to complete substantial completion and beneficial occupancy for lad in and setup for a scheduled event by pm on . 24.9. In addition to the foregoing liquidated damages, the Owner may recover extended utility charges as expressly set forth elsewhere in this Contract. 24.10. The CMAR shall not use its unexpended GMP Contingency to pay liquidated damages. The CMAR may in its discretion provide in its construction contracts that its Subcontractors will be liable for liquidated delay damages, in the amount of the Owner’s liquidated damages or in different amounts. Notwithstanding anything in this Contract that might be construed t o the contrary, in the event the CMAR deducts liquidated damages from a particular construction contract, thereby reducing the sum payable under that contract, the GMP will not be reduced by the amount withheld from that Subcontractor. 24.11. This provision for liquidated damages does not bar Owner’s right to enforce its other contractual rights and remedies under this Contract, including without limitation the right to order the CMAR to accelerate the Work or the right to terminate the Contract. Liquid ated damages represent the Owner’s best effort at the commencement of the Contract to estimate its reasonable anticipated damages for delay, and should not be construed as a penalty. 25. CONSTRUCTION SUPERVISION AND SCHEDULE 25.1. The CMAR shall maintain a competent and adequate full-time staff approved by the Owner at the Project site to coordinate and provide adequate direction of the Work, and to monitor progress of the Subcontractors on the Project at all times. The CMAR’s on-site representatives shall manage the Work of the Subcontractors and coordinate the Work with the activities and responsibilities of the Owner, Project Designer and CMAR to complete the Project in accordance with the Owner’s objectives of cost, time and quality. Docusign Envelope ID: F9219C15-7734-8BC1-823F-A09B8D5DB43E Page | 27 Revised 12/24 25.2. It is understood that the designated and approved on-site resident CMAR representatives will remain on the job and in responsible charge as long as those persons remain employed by the CMAR, unless the Owner’s Representative agrees otherwise in writing during the course of the Project. A contract amendment may be required by the Owner’s Representative issued accordingly by the Owner. The Owner may request in writing that the CMAR promptly remove any individual staff member for any reason. 25.3. The CMAR shall establish an on-site organization and lines of authority in order to carry out the overall plans of the Project Team. The CMAR will provide for all coordination with the on -site Subcontractors the necessary on-site services for the construction activities and on-site requirements of the CMAR, Owner and Project Designer. 25.4. The CMAR shall accept delivery and arrange for storage, protection and security for any Owner purchased materials, systems and equipment that are a part of the Work until such items a re turned over to the respective Subcontractors. 25.5. The CMAR shall provide a critical path method (“CPM”) schedule utilizing accepted standard computer based software. The scheduling software shall allow for integration of all aspects of the Project and provide for coordination of all Work to be performed. The scheduling software used by the CMAR shall be capable of producing and coordinating logic developed network diagrams, and tabular format reports. 25.6. After acceptance of each GMP and issuance of a construction contract amendment to the CMAR for a Construction Phase of the Project and withi n fifteen (15) days of written notice to proceed (NTP), the CMAR shall submit a preliminary CPM schedule for inclusion in the contract bid packages consistent with the time frames submitted in each GMP. 25.7. After contract award but prior to thirty (30) days from the date of the notice to proceed, the CMAR shall obtain from the Subcontractors their respective Work activities and integrate them into a Project construction schedule. The CMAR shall develop the complete and final CPM schedule in the form of a CPM network arrow diagram using the CMAR’s logic and time estimates for each segment of the Work and manpower loaded to complete the Work within the sched uled time frames. The scheduling obligation shall include tracking the progress of the Owner’s and Project Designer’s tasks and activities in relation to the milestone schedule and promptly notifying Owner of any delay that might impact construction. The CMAR shall make recommendations to the Owner, with a copy to the Project Designer, regarding strategies for overcoming any delay in the design of the Project that will affect the construction schedule. The CMAR and the Project Designer shall prepare, if deemed necessary, a schedule fixing dates upon which foreseeable clarifications will be required. The schedule will be subject to addition or change in accordance with progress of the Work. The Project Designer shall furnish drawings or clarifications in accordance with that schedule. The CMAR shall not proceed with the Work without such detail drawings and/or written clarifications. 25.8. The arrow network diagram will be drawn in a level of detail suitable for display of salient features of the Work, including but not limited to the placing of orders for materials, submission of shop drawings for approval, approval of shop drawings by the Project Designer and the Owner, delivery of material, and all Work activities inclusive of punch list agreed to by the Owner. Each Work activity shall be assigned a time estimate by the CMAR. One -day shall be the smallest time unit used. Data shall also be provided in Gantt form. This schedule will not be the basis for invoicing, but may be considered by the Design Professional and the Owner when evaluating the percentage of Work represented to be complete in each schedule of values. 25.9. Upon completion of the network diagrams, the CMAR shall have computer input data prepared, and a computer run made to generate a printout for the Project based on the information supplied. In the event the completion date indicated by the schedule exceeds the contractual date, the logic and time estimates used to develop the plan will be reviewed, changes made in the logic and time Docusign Envelope ID: F9219C15-7734-8BC1-823F-A09B8D5DB43E Page | 28 Revised 12/24 estimates, and another computer run made to generate a new schedule. This procedure shall be repeated, if necessary, to provide a plan and schedule to meet Owner requirements. All submissions shall be both in hard copy and in electronic format. 25.10. Within fifteen (15) days of each GMP notice to proceed, the updated CPM schedule shall be submitted to the Owner for review and approval. No application for payment will be processed until the Project CPM schedule is approved by the Owner. This working plan shal l show job identification, job duration, manpower loading, cost loading, calendar dates for start and finish of each job, and jobs critical to the completion of the Project on schedule. When approved by the Owner, they shall become the working plan and sch edule for the Project and such information shall be provided to the Contractor for distribution to the Project Team. The CMAR shall distribute to the Subcontractors the approved Project CPM schedule and shall display same at the job site. 25.11. The CMAR shall review the plan and schedule each week. An updated Project schedule shall be furnished showing actual completed Work at the end of each month in respect to the entire Project. The form used shall be approved by the Owner and shall be submitted with the monthly invoice. The CMAR shall also develop and submit a Work plan for a two week, thirty day and sixty day look ahead. 25.12. The CMAR shall provide regular monitoring of the schedule as construction progresses, identify potential variances between scheduled and desired completion dates, review the schedule for Work not started or incomplete, review the status of submittals and delivery of long -lead time deliveries, review the Owner’s occupancy priorities, and take the action necessary to meet the required completion date. The CMAR shall furnish to the Owner various schedules and updates setting forth planned and completed progress of the Project broken down by the various divisions or parts of the Work and by calendar days. The CMAR shall ensure t hat all schedules are prepared and updated in strict conformance with the Owner’s requirements for formatting of reports for the Owner. The CMAR shall keep the Owner, the Project Designer and all Subcontractors fully informed as to all changes and updates to the schedule. The CMAR shall ensure that all schedules are prepared and updated in strict conformance with the Owner’s requirements and for provision of one inclusive schedule incorporating necessary lead times for actions required, by the Owner and reg ulatory agencies (including Orange County), by the Consultant, by the CMAR, and by utility companies providing services or relocating service lines and facilities, by all Subcontractors, and for significant General Condition’s activities, including but not limited to agenda submittals, permit and approvals applications and review of interim and final plans, specifications and bid packages. 25.13. The CMAR shall schedule and preside over regular site coordination meetings with Subcontractors as conditions on the Project require, but at least weekly. In addition, the CMAR shall conduct weekly progress meetings and other meetings as may be directed by the Owner, at which Subcontractors, the Owner, the Project Designer, other designated representatives, and the CMAR can discuss jointly such matters as progress, scheduling, and construction-related problems. All Subcontractors shall be represented at these job progress conferences by both home office and Project personnel, unless specifically excused by both the CMAR and the Owner. The CMAR shall require attendance from other subcontractors and material suppliers who can contribute toward maintaining required job progress. It shall be the principal purpose of these meetings, or conferences, to effect coordination, cooperation and assistance in every practical way toward the end of maintaining progress of the Project on schedule and to complete the Project within the specified contract time. The CMAR shall be prepared to assess progress of the Work and to recommend remedial measures for correction of progress as may be appropriate. The CMAR with assistance from the Project Designer shall be the coordinator of the conferences and shall preside as chairman. The CMAR shall take and distribute complete minutes of meetings to all attendees and others as directed by the Owner within three (3) days of such meetings. Representatives of the Owner may attend any or all meetings and shall in any case receive all notices and minutes of meetings. 25.14. The CMAR shall keep accurate and detailed written records of Project progress during all stages of construction. The CMAR shall maintain a detailed daily diary of all events, which occur at the Docusign Envelope ID: F9219C15-7734-8BC1-823F-A09B8D5DB43E Page | 29 Revised 12/24 jobsite or elsewhere, and which affect, or may be expected to affect, Project progres s. The diary shall record weather data, including minimum and maximum temperatures, precipitation type and amount, sky conditions, and wind velocities. The diary shall also record all visitors, and include a detailed list of all material deliveries to the site. The diary shall be available to the Owner at all times and shall be turned over to the Owner upon completion of the Contract. 25.15. The CMAR shall compile and submit to the Owner daily a summary report consisting of the CMAR’s Daily Diary and each Subcontractor’s daily report describing the construction activities of the day along with manpower and equipment usage, including that of the Subcontractors. 25.16. The CMAR shall submit to the Owner and the Project Designer a weekly report of the status of all Work activities. The CMAR is to submit and conform the report format to the Owner’s requirements for these reports and prior to implementation the CMAR must obtain the Owner’s approval of the format. The Owner shall have no duty to respond to any i nformation in the periodic reports, unless the CMAR specifically requests a response or action by the Owner in writing in a separate document. 25.17. The weekly status report shall show the actual Work completed to date in comparison with the original amount of Work scheduled, inclusive of information on the Subcontractors’ Work and the percentage of completion for the Project. The report shall describe major milestones achieved and slipped, including a discussion of each slippage. In addition to schedule information, the report shall contain an overall summary of the financial status of the Project with a cost control report with proposed solutions for resolution of any cost concerns or issues. The report shall contain a summary statement on the status of change orders for the Project inclusive of potential change orders, approved change order and rejected/voided change orders as well as change orders which require the Owner’s immediate attention. The report shall contain a summary statement as to the status of shop drawings, submittals and RFI’s for the Project inclusive of items requiring the Owner and/or the Project Designer’s immediate attention. The report shall contain a summary statement as to the status of quality control/inspections for the Projec t including, but not limited to, number and type of inspections made, overall Project quality to date, and recommendations. Finally, subject to the requirements of any OCIP, the report shall include an accident report. 25.18. If the Work is behind schedule, the CMAR must immediately provide written report of such condition to the Owner and Project Designer and indicate in writing what measures are being taken to bring the Work back on schedule and ensure that the contract completion date is not exce eded. If the Work is greater than thirty (30) days behind schedule and no legitimate requests for time extensions are in process, then the CMAR shall prepare and submit to the Project Designer a recovery schedule for review and approval. Failure of the CMAR to a bide by the directives in this paragraph will give the Owner cause to terminate the Contract and pursue any other legal remedies allowed it by law. SHOP DRAWINGS, SUBMITTALS, SAMPLES, DATA 25.19. The CMAR shall develop and implement a system for revie w, acceptance or rejection, and processing of all shop drawings and submittals, including the projected lead -time on the CPM schedule. The CMAR shall review this system with the Owner and the Project Designer, and obtain the Owner’s approval prior to implementation. 25.20. Within 30 consecutive calendar days of the notice to proceed with each GMP, a schedule for anticipated submission of all shop drawings, product data, samples, and similar submittals shall be prepared by the CMAR and provided to the Project Designer. This schedule shall indicate the items, relevant specification sections, other related submittal data, and the date when these items will be furnished to the Project Designer. 25.21. The CMAR will be responsible for logging all shop drawin gs/submittals and stamping them reviewed and approved prior to submission to the Project Designer. The CMAR shall provide additional copies of any submittals or shop drawings requested by the Owner. The CMAR is to Docusign Envelope ID: F9219C15-7734-8BC1-823F-A09B8D5DB43E Page | 30 Revised 12/24 insure that shop drawing/submittal packages are submitted in an appropriate manner and, if not, return them to the Subcontractor for proper submission. 25.22. The CMAR shall be responsible for tracking and monitoring all shop drawings/submittals throughout construction until all shop drawings/submittals have been approved by the Project Designer and completion reported to the Owner. 25.23. The CMAR shall include shop drawings as an agenda item on all Owner meetings and advise the Owner immediately of any delays in the shop drawing and submittal process. 25.24. The CMAR shall develop a shop drawing and submittal aging report which is to be submitted to the Owner at each weekly progress meeting. 25.25. Approval of shop drawings by the Project Designer shall not be construed as relieving the CM AR from responsibility for compliance with the design or terms of the Contract Documents nor from responsibility of errors of any sort in the shop drawings, unless such error has been called to the attention of the Project Designer in separate writing by the CMAR. 26. SUBSTITUTION REQUESTS 26.1. The CMAR will be responsible for logging all substitution requests. The CMAR will be responsible for reviewing all substitution requests to insure that they are complete; and, if not, return them to the Subcontractor for proper submission. The CMAR will be responsible to review all substitution requests prior to submission to the Project Designer and the Owner. It is to be noted that the Owner discourages substitutions and the Owner’s approval will be granted on ly upon the most persuasive arguments as to quality, function and financial merit regarding a substitution. The CMAR shall be responsible for tracking and monitoring all substitution requests throughout construction until all substitution requests are proc essed by the Project Designer and the Owner. The CMAR shall be responsible to see that all substitution requests are submitted in a timely manner per the specifications. The CMAR shall include substitution requests, if any, on the agenda topic at the Owner’s meetings and advise the Owner immediately of any delays in the substitution request process. 27. REQUESTS FOR INFORMATION 27.1. The CMAR will be responsible for developing and implementing a RFI form for use on the Project. The CMAR will be responsible for logging and reviewing all RFI's prior to submission to the Owner and the Project Designer. The CMAR is to insure that the RFI’s submitted are appropriate and not frivolous. The CMAR shall be responsible for tracking and monitoring all RFI’s throughout construction in a timely manner until they are processed by the Project Designer and the Owner. The CMAR shall include RFI’s as an agenda topic at all Owner meetings and advise the Owner immediately of any delays in their process. All responses to the RFI’s that have an added cost impact must also be discussed with the Owner immediately upon such determination. The CMAR shall develop an RFI aging report that is to be submitted to the Owner at each progress meeting. 28. SUBSTANTIAL COMPLETION 28.1. The date of substantial completion of the Work or designated portion thereof is the date certified by the Project Designer when the Work or a designated portion thereof is sufficiently complete, in accordance with the Construction Documents, so the Owner can fully occupy and utilize the Work or designated portion thereof for the use for which it is intended, with all of the Project's parts and systems operable as required by the Contract Documents. Only incidental corrective Work and any final cleaning beyond that needed for the Owner's full use may remain for final completion. The issuance of a temporary or final certificate of occupancy shall not, in itself, constitute substantial completion. Docusign Envelope ID: F9219C15-7734-8BC1-823F-A09B8D5DB43E Page | 31 Revised 12/24 28.2. When the CMAR considers that the Work, or a designated portion thereof which is acceptable to the Owner, is substantially complete as defined above, the CMAR shall prepare for and submit to the Project Designer and Owner a list of all items which in the CMAR’S opinion are to be completed or corrected and shall attach it to a request in writing that the Project Designer perform a substantial completion inspection. The Owner's occupancy of incomplete Work shall not alter the CMAR’s responsibilities. The Project Designer shall review the CMAR'S list and shall compi le a punch list of items to be corrected and completed. The failure to include any items on such list does not alter the responsibility of the CMAR to complete all Work in accordance with the Contract Documents. 28.3. When the Owner, Project Designer and CMAR, on the basis of an inspection, jointly determine that the Work or designated portion thereof is substantially complete, the Project Designer will then prepare a certificate of substantial completion which shall establish the date of substantial completion, shall state the responsibilities of the Owner and the CMAR for security, maintenance, heat, utilities, damage to the Work, and insurance, and shall signify the beginning of the time within which the CMAR shall complete the items listed therein. Wa rranties required by the Contract Documents shall commence on the date of substantial completion of the Work or designated portion thereof, unless otherwise provided in the certificate of substantial completion. 28.4. The certificate of substantial completion shall be submitted to the Owner and the CMAR for their written acceptance of the responsibilities assigned to them in such certificate. Upon substantial completion of the Work or designated portion thereof and upon application by the CMAR and certification by the Project Designer, the Owner shall make payment, except retainage held pursuant to the Contract Documents, for such Work or portion thereof as provided in the Contract Documents. 28.5. The acceptance of substantial completion payment shall constitute a waiver of all claims by the CMAR and its Subcontractors, except those previously made in writing and identified by the CMAR as unsettled at the time the CMAR submits the application for payment for substantial completion, and except for the retained sums due at final acceptance. 28.6. In addition to any and all other indemnification required by this Contract t he CMAR shall indemnify and hold the Owner harmless against any claims by its Subcontractors that are waived because they were not made in writing and identified by the CMAR as unsettled when the CMAR submitted the application for payment for substantial completion. 28.7. The Owner shall have the option to correct or complete any and all punch list items not completed by the CMAR to the satisfaction of the Project Designer and the Owner within forty five (45) days for any GMP package of less than 1 year’s duration and not more than ninety (90) days from the actual date of substantial completion for any GMP package of more than 1 year’s duration by utilizing its own forces or by hiring others. The cost of such correction of remaining punch list items by the Owner or others shall be deducted from the final payment to the CMAR. 28.8. If CMAR does not complete certain punch list items within the required time period, all warranties and guarantees for such incomplete punch list items shall become effective upon CMAR submitting to the Owner and Project Designer certification of the date such items were completed and approval by the Owner’s Representative and Project Designer.. The issuance of the certificate of substantial completion does not indicate final acceptance of the Project by the Owner, and the CMAR is not relieved of any responsibility for the Project except as specifically stated in the certificate of substantial completion. 28.9. Should the Project Designer and the Owner determine that the Work or a designated portion thereof is not substantially complete, they shall provide the CMAR with written notice stating why the Work or designated portion is not substantially complete. The CMAR shall expeditiously complete the Work and shall re-request in writing that the Project Designer perform another substantial Docusign Envelope ID: F9219C15-7734-8BC1-823F-A09B8D5DB43E Page | 32 Revised 12/24 completion inspection. Costs, if any, associated with such re -inspection shall be assessed to the CMAR at the rates specified in the Project Designer’s contract. 29. PARTIAL UTILIZATION/BENEFICIAL OCCUPANCY 29.1. The Owner may desire to occupy or utilize all or a portion of the Project when the Work for that portion is substantially complete. 29.2. Prior to the final payment, the Owner may request the CMAR in writing, through the Project Designer if applicable, to permit the Owner to use a specified part of the Project which the Owner believes it may use without significant interference with construction of the other parts of the Project. If the CMAR agrees, the Project Designer will schedule a beneficial occupancy inspection after which the Project Designer may issue a certificate of substantial completion. The certific ate shall include the following documentation: 29.2.1. Date of substantial completion. 29.2.2. A tentative list of items to be completed or corrected before final payment. 29.2.3. Establishing responsibility between the CMAR and Owner for maintenance, heat, utilities and insurance. 29.2.4. Establishing the date for guarantees and warranties under the terms of the Contract. 29.2.5. Consent of surety. 29.2.6. Endorsement from the CMAR’S insurance company permitting occupancy shall not be a condition precedent to the Owner’s occupancy of a part or parts of the Project, but may be requested by the Owner in its discretion. 29.3. The Owner shall have the right to exclude the CMAR from any part of the Project which the Project Designer has so certified to be substantially complete, but the Owner will allow the CMAR reasonable access to complete or correct Work to bring it into compliance with the Contract. Contractors allowed to Work in substantially complete and occupied areas shall clean up afte r their operations daily or be subject to back charges therefor. Occupancy by the Owner under this article will in no way relieve the CMAR from its contractual requirement to complete the Project within the specified time. 30. FINAL INSPECTION, ACCEPTANCE, AND PROJECT CLOSEOUT 30.1. The CMAR is responsible for the close out requirements under the Contract. The CMAR is to Work closely with the Owner as to the procedures and schedule for contract close -out and the related contractual obligations. 30.2. The CMAR is to Work closely with the Owner’s building commissioning agent or agents throughout the design, construction, and close-out phases of the Project. 30.3. Upon notification from the CMAR that the Project is complete and ready for inspection, the Project Designer shall make a preliminary final inspection to verify that the Project is complete and ready for final inspection. Prior to final inspection, the CMAR shall complete all items requiring corrective measures noted at the preliminary inspection. The Project Designer shall schedule a final inspection at a time and date acceptable to the Owner and the CMAR. 30.4. At the final inspection, the Project Designer shall, if job conditions warrant, record a list of items that are found to be incomplete or not in accordance with the Construction Documents. At the conclusion of the final inspection, the Project Designer shall make the following determinations: Docusign Envelope ID: F9219C15-7734-8BC1-823F-A09B8D5DB43E Page | 33 Revised 12/24 30.4.1. That the Project is completed and accepted. 30.4.2. That the Project is accepted subject to the list of discrepancies (punch list). Subject to unavoidable delays in the delivery of materials needed to correct or complete discrepancies , all punch list items must be completed within thirty (30) days of acceptance or the Owner may invoke Owner’s Right to Do Work. 30.4.3. That the Project is not complete and another date for a final inspection will be established. 30.5. Within fourteen (14) days of acceptance or within fourteen (14) days after completion of punch list, the Project Designer shall certify the Work and issue applicable certificate(s) of compliance. 30.6. Any discrepancies listed or discovered after the date of final inspection and acceptance shall be resolved as a warranty item. 30.7. The CMAR shall obtain as-built and product data from Subcontractors and maintain a current set of record drawings, specifications and operating manuals. For mechanical and electrical equipment, the CMAR is to obtain the operating and maintenance (O&M) manuals at least three (3) months prior to the demonstration for such equipment. These O&M manuals are to be sent to the Owner’s representative who is to forward one (1) set to the Owner’s department responsible for maintaining the facility for review prior to the equipment demonstration. 30.8. At the completion of the Project and before final payment, the CMAR shall deliver a complete set of as-built drawings for use by the Project Designer in preparing Record Drawings. 31. COST CONTROL 31.1. The CMAR shall develop and maintain an effective system of Project cost control. Elements of the system of Project cost control will include Project budgets, GMP proposals, the critical path schedule, and cash flow forecasts and reports, all in formats to be approved by the Owner. 31.2. The CMAR shall incorporate into each element of the system of Project cost control all Owner approved changes as they occur, update and refine the GMP, and develop reports and forecasts as needed, or as directed by the Owner. The CMAR shall identify variances bet ween actual and estimated costs and advise the Owner whenever projected cost exceeds allowances or estimates. 31.3. The CMAR shall check and supervise all material deliveries, equipment and labor entering the Work site. The CMAR shall maintain cost accounting records on authorized Work performed under unit costs, actual costs for labor and material, or other bases requiring accounting records, and afford the Owner access to these records and preserve them for a period of three (3) years after final payment. The Owner reserves the right to audit these records during that period. 32. CHANGES IN THE WORK 32.1. The CMAR shall develop and implement a system for review, negotiation, and processing of proposed Change Orders. The CMAR shall, with complete suppo rting data, recommend necessary desirable changes to the Owner and the Project Designer for approval. 32.2. The Owner unilaterally at any time may have changes made in the Work covered by the Contract, including but not limited to changes: (1) in the specifications or drawings; (2) in the sequence, method or manner of performance of the Work; (3) in the Owner -furnished facilities, equipment, materials, services or site; or (4) directing acceleration in the performance of the Work. Furthermore, it is understood and agreed that refinement and detailing may be accomplished from time to time with respect to the drawings and specifications. The CMAR’s entitlement to an increase in the GMP or an extension of time, or both, if any, for such changes shall be deter mined in accordance with this Contract. Docusign Envelope ID: F9219C15-7734-8BC1-823F-A09B8D5DB43E Page | 34 Revised 12/24 32.3. No adjustment in the Guaranteed Maximum Price or the Scheduled Completion Date shall be made unless such change, refinement or detailing results in changes in the scope and/or design of the Project, as determined by the Owner. 32.4. The Owner’s Representative has the authority to order minor changes in the Work not involving an adjustment in the GMP or time for completion, and not inconsistent with the intent of the Construction Documents. Such changes shall be effected by written order and shall be binding on the Owner and the CMAR. The CMAR shall not perform any changes in the Work unless authorized in writing by the Owner. The CMAR’s performance of minor changes pursuant to this section shall not constitute a waiver of any claim the CMAR may have for additional compensation or time. Any claim the CMAR may have, however, shall be filed in strict conformance with this Contract. 32.5. No Change Order will be issued for resolution of conflicts in the docum ents which are to be covered by the CMAR-GMP Contingency. 32.6. Except in an emergency endangering life or property, no change shall be made by the CMAR except upon receipt of approved change order or written field order from the Project Designer, countersigned by the Owner’s representative authorizing such change. No claim for increases in the GMP shall be honored or valid unless this procedure is followed. A field order, transmitted by fax or hand-delivered, may be used where the change involved impacts the critical path of the Work. A formal change order shall be issued within the time stated on the field order. 32.7. The CMAR shall notify the Owner in writing (and copy to Project Designer) if the CMAR believes that a change in scope or design will require a change in the GMP. The Owner shall have the right to require the performance thereof on a lump sum basis, a unit price not to exceed basis, or a time and material not to exceed basis. 32.8. The CMAR shall notify the Project Designer and the Own er of such changes before trade bids for the Work associated are requested. The Owner and CMAR shall reach agreement on the nature of the subject change and upon the Owner’s direction eliminate the circumstances of the change or negotiate a mutually agreed cost change to be made to the GMP. 32.9. The CMAR acknowledges that some changes in the Project may require approval by the Board. So as not to delay the Project, the CMAR shall notify the Owner’s representative of any deadlines for responses and how the Owner’s failure to respond will impact the Project schedule. 32.10. Upon receipt of an Owner directed change request, the CMAR shall submit a proposal within ten (10) working days, or provide written justification acceptable to the Owner within five (5) working days stating the additional time required to submit a proper proposal for the change requested. The CMAR's proposal shall be itemized and segregated by labor and materials for the various components of the change in or addition to the Work (no a ggregate labor total will be acceptable) and shall be accompanied by signed proposals by any Subcontractors who will perform any portion of the change in, or addition to, the Work, and of any persons who will furnish materials or equipment for incorporation therein. The proposal shall also include the CMAR's estimate of the time required to perform said changes or additional Work. 32.11. There will be no CMAR mark-up or Fee included in any single change order covering Work under this Contract. Rather, change order proposals will consist of actual costs only; that is, Subcontractors’ change order proposals and CMAR General Conditions items, if applicable, only. All costs saved by scope reductions shall revert to the Owner in full. Any increase in CMAR Fee shall be calculated separately from individual change orders, subject to the limits set forth in Paragraph 3.3 herein. Docusign Envelope ID: F9219C15-7734-8BC1-823F-A09B8D5DB43E Page | 35 Revised 12/24 32.12. All change orders shall be supported by a breakdown showing method of arriving at net cost as defined below. The Owner and Project Designer will review the CMAR’s analysis and cost data and advise the CMAR of their findings. The CMAR will provide such supporting data in suitable format. The Project Designer shall verify correctness. Within fourteen (14) days after receipt of the CMAR’s proposal, the Project Designer shall prepare the change order and forward to the CMAR for its signature or otherwise respond, in writing, to the CMAR’s proposal. Within seven (7) days after receipt of the change order executed by the CMAR, the Project Designer shall certify the change order by its signature, and forward the change order and all supporting data to the Owner for the Owner’s signature. The Owner shall endeavor to execute the change order within seven (7) days of receipt, or in accordance with the Owner’s standard procedures when Board approval is required. Upon approval by the Owner, copies of the change order will be sent to the Project Designer and the CMAR and its surety. In case of emergency or extenuating circumstances, approval of changes may be obtained verbally by telephone or field orders approved by all parties, then shall be substantiated in writing as outlined under normal procedure. 32.13. The portions of the proposal relating to labor and materials may include the reasonably anticipated direct costs to any of the CMAR’s Subcontractors for labor and materials to be purchased for incorporation in the change in the Work, plus transportation and applicable sales and use taxes. The term “direct cost” as used herein shall mean the difference between all proper cost additions and deductions. The “cost” as used herein shall be limited to the following: 32.13.1. The actual costs of materials and supplies incorporated or consumed as part of the Project; 32.13.2. The actual costs of labor expended on the Project site; 32.13.3. The actual costs of labor burden, limited to the costs of social security (FICA) and Medicare/Medicaid taxes; unemployment insurance costs; health/dental/vision insurance premiums; paid employee leave for holidays, vacation, sick leave, and/or petty leave, not to exceed a total of 30 days per year; retirement contributions; worker’s compensation insurance premiums; and the costs of general liability insurance when premiums are computed based on payroll amounts; the total of which shall not exceed forty percent (40%) of the actual costs of labor; 32.13.4. The actual costs of rental for tools, excluding hand tools; equipment; machinery; and temporary facilities required for the Project; 32.13.5. The actual costs of premiums for bonds, insurance, permit fees, and sales or use taxes related to the Project; 32.13.6. Overtime and extra pay for holidays and weekends may be a cost item only to the extent approved by the Owner; 32.14. The CMAR may include up to fifteen percent (15%) of said costs as overhead and profit for its Subcontractors. In the case of deductible change orders, the CMAR shall deduct no less than (5%) profit for its Subcontractors, but no allowances for overhead. 32.15. If any of the items included in the lump sum proposal are covered by unit prices, the Owner may, if it requires the change in the Work to be performed on a lump sum basis, elect to use these unit prices in lieu of the similar items included in the lump sum proposal, in which event an appropriate deduction will be made in the lump sum amount prior to the application of any allowed overhead and profit percentages. No additional Subcontractor overhead and profit shall be applied to any unit prices. 32.16. In the event that the CMAR fails to submit its proposal or obtain approval of an extension of time within the designated period, the Owner may order the CMAR to proceed with the change or addition to the Work and the CMAR shall so proceed. The Owner shall unilaterally de termine the Docusign Envelope ID: F9219C15-7734-8BC1-823F-A09B8D5DB43E Page | 36 Revised 12/24 reasonable cost and time to perform the Work in question, which determination shall be final and binding upon the CMAR. 32.17. The Owner reserves the right to reject the CMAR's proposal for a change in the Work and to elect to perform said Work using a separate Subcontractor. Under such circumstances, the CMAR shall coordinate the performance of the Work. 32.18. If the Owner requests a change order and the CMAR’s terms are unacceptable, the Owner may require the CMAR to perform such Work on a time and material basis. If the Owner elects to have the change in the Work performed on a time and material basis, the CMAR shall submit to the Owner daily time and material tickets, to include the identification number assigned to the change in the Work, the location and description of the change in the Work, the classification of labor employed (and names and social security numbers), the materials used, the equipment rented (not tools) and such other evidence of cost as the Owner may require. The Ow ner may require authentication of all time and material tickets and invoices by persons designated by the Owner for such purpose. The failure of the CMAR to secure any required authentication shall constitute a waiver by the CMAR of any claim for the cost of that portion of the change in the Work covered by a non-authenticated ticket or invoice. 32.19. In the event that the parties are unable to agree as to the reasonable cost and time to perform the change in or addition to the Work based upon the CMAR's proposal and the Owner does not elect to have the change in the Work performed on a time and material basis, Owner has the right to direct in writing that the CMAR perform the change in the Work. Failure of the parties to reach agreement regarding the cost and time of the performing the change in the Work regardless of any pending protest, shall not relieve the CMAR from performing the change in the Work promptly and expeditiously. 32.20. At the time of signing a change order, the CMAR shall be required to certify as follows: “I certify that my bonding company will be notified forthwith that my contract has been changed by the amount of this change order, and that a copy of the approved change order will be mailed upon receipt by me to my surety.” 32.21. A change order, when issued, shall be full compensation, or credit, for the Work included, omitted or substituted. It shall show on its face the adjustment in time for completion of the Project as a result of the change in the Work. 32.22. No changes will invalidate, relieve or release the CMAR from any guarantee given by him pertinent to the contract provisions. No changes will affect the validity of the performance bond or relieve the surety on said bond. 32.23. In the event of emergency endangering life or property, the CMAR and the Subcontractors may be directed to proceed on a time and material basis by the Owner’s Representative whereupon the CMAR shall proceed and keep accurately on such form as may be required, a correct account of costs together with all proper invoices, payrolls and supporting data. Upon completion of the Work the change order will be prepared and settled as outlined herein. 33. CLAIMS FOR EXTRA COST 33.1. If the CMAR or any of its Subcontractors asserts that any eve nt or occurrence has caused a change in or addition to the Work which change causes an increase or decrease in the GMP or the time required for the performance of any part of the Work under the Contract, including Work not affected directly by the change, the CMAR shall, within ten (10) working days of such event, give the Owner and Project Designer written notice as herein required. Said notice shall include the instructions or circumstances that are the basis of the claim and the CMAR's best estimate of t he cost and time involved. The statement of claim hereunder may be included in the notice required above. The statement of claim shall include all direct, indirect and impact costs associated with the Docusign Envelope ID: F9219C15-7734-8BC1-823F-A09B8D5DB43E Page | 37 Revised 12/24 change, as well as the CMAR's estimate of the schedule impact of the change, if any. The CMAR and its Subcontractors shall not be entitled to reimbursement or an increase in the GMP for any claims that are not filed in strict conformance with this section. The CMAR shall not proceed with the Work affected until further advised, except in emergency involving the safety of life or property. No claims for extra compensation will be considered unless the claim is so made. The Project Designer shall review and render a written decision on each claim for extra cost w ithin seven (7) days of receipt of claim. Failure to submit a timely claim for additional cost will constitute a waiver of said claim. 33.2. The CMAR shall not act on instructions received by it from persons other than the Project Designer, and any claims for extra compensation or extension of time on account of such instruction will not be honored. The Project Designer will not be responsible for misunderstandings claimed by the CMAR of verbal instructions which have not been confirmed in writing, and in no case shall instructions be interpreted as permitting a departure from the Contract Documents unless such instruction is confirmed in writing and supported by a properly authorized change order. 33.3. Under no circumstances shall a claim for extra cost include a claim for an increase in the CMAR Fee. Approved claims for extra cost, however, will be considered change orders for purposes of determining if the CMAR is entitled to an increase in its Fee under Paragraph 3.3 herein. 33.4. If the parties are unable to agree to the reasonable cost and time to perform the change, or are unable to agree as to whether a change occurred, the Owner’s representative shall make a unilateral determination regarding the basis of proceeding, subject to dispute resolu tion at a later time. The CMAR shall proceed with the Work as directed by the Owner’s representative. 33.5. Should a claim for an increase in the GMP by the CMAR be denied by the Owner the CMAR may request mediation in connection with the dispute resolu tion rules adopted for this Project. 34. DIFFERING SITE CONDITIONS 34.1. Should the CMAR encounter subsurface or latent conditions, or both at the site materially differing from those shown on the drawings or indicated in the specifications or differi ng materially from those ordinarily encountered and generally recognized as inherent in Work of the character provided for in this Contract, the CMAR shall immediately, and in no event later than thirty (30) days later, give notice to the Owner of such conditions before they are disturbed. The Owner and the Project Designer shall thereupon promptly investigate the conditions and if they find that they materially differ from those shown on the drawings or indicated in the specifications, they shall at once make such changes in the drawings and/or specifications as they may find necessary. Any increase or decrease in the Cost of the Work resulting from such changes shall be adjusted in the manner provided herein for adjustments as to extra and/or additional Wo rk and changes. However, neither the Owner nor the Project Designer shall be liable or responsible for additional Work, costs or changes to the Work that could have been reasonably determined from any geotechnical, soils and other reports, surveys and analyses made available for the CMAR's review or that could have been discovered by the CMAR through the performance of its obligations pursuant to this Contract . 35. CORRECTION OF WORK BEFORE FINAL PAYMENT 35.1. Any Work, materials, fabricated items or other parts of the Work which have been condemned , rejected, or declared not in accordance with the Contract by the Project Designer shall be promptly removed from the Work site by the CMAR, and shall be immediately replaced by new Work in accordance with the contract at no additional cost to the Owner. Work or property of the Owner, damaged or destroyed by virtue of such faulty Work, shall be made good at the expense of the CMAR. Docusign Envelope ID: F9219C15-7734-8BC1-823F-A09B8D5DB43E Page | 38 Revised 12/24 35.2. Correction of condemned Work described above shall commence within sev enty-two (72) hours after receipt of notice from the Project Designer, and shall make satisfactory progress until completed. 35.3. Should the CMAR fail to proceed with the required corrections, then the Owner shall have the right to complete the Work under the terms herein. 36. CORRECTION OF WORK AFTER FINAL PAYMENT 36.1. Neither the final certificate, final payment, occupancy of the premises by the Owner, nor any provision of the Contract, nor any other act or instrument of the Owner, nor the Proje ct Designer, shall relieve the CMAR from responsibility for negligence, for faulty material or workmanship, for breach of any warranty or guarantee, or for failure to comply with the drawings and specifications. The CMAR shall correct any defects due thereto and repair any damage resulting therefrom, which may appear during the guarantee period following final acceptance of the Work in accordance with its warranty and guarantee. The Owner will report any defects as they may appear to the CMAR and establish a time limit for completion of corrections by the CMAR. The Owner will be the judge as to the responsibility for correction of defects. 37. UNCORRECTED FAULTY WORK 37.1. Should the correction of faulty or damaged Work be considered inadvisable or inex pedient by the Owner and the Project Designer, the Owner shall be equitably reimbursed by the CMAR. The reimbursement may be deducted from any amounts due or to become due to the CMAR. Should the cost of such reimbursement exceed the amount due or to becom e due the CMAR, then the CMAR or its surety, or both, shall be liable for and shall pay to the Owner the amount of said deficiency. The CMAR may in turn deduct such reimbursements from amounts due to responsible Subcontractors including funds retained by the Owner for warranty period. 38. OWNER’S RIGHT TO DO WORK 38.1. If, during the progress of the Work or during the period of guarantee, the CMAR fails to prosecute the Work properly or to perform any provision of the Contract, the Owner, after fifteen (15) days’ written notice sent by certified mail, return receipt requested, to the CMAR and the Project Designer, may perform or have performed that portion of the Work. The cost of the Work may be deducted from any amounts due or to become due to the CMA R, such action and cost of same having been first approved by the Project Designer. Should the cost of such action of the Owner exceed the amount due or to become due the CMAR, then the CMAR or its surety, or both, shall be liable for and shall pay to the Owner the amount of said excess. 39. TERMINATION FOR CONVENIENCE 39.1. The Owner may terminate this Contract at any time and for any reason including, without limitation, failure of the parties to reach agreement on any GMP. In the event this Contract is terminated pursuant to this provision, the CMAR shall, as requested by the Owner, cancel all contracts for Work or cooperate with the Owner to assign contracts for Work to the Owner or the Owner’s designee. The Owner shall pay the CMAR all costs of the Work incurred by the CMAR, including cancellation costs, settlement costs, demobilization costs and restocking Fees, until all contracts with the CMAR can be canceled or assigned. Otherwise, the CMAR shall only receive its Fee, and general conditions costs incurred through demobilization from the Project, through the date of termination plus a reasonable period for demobilization. 39.2. Termination under this paragraph shall not release either the CMAR or its surety from liability or responsibility for any default or other transaction or occurrence prior to the date of termination and demobilization from the Project. Docusign Envelope ID: F9219C15-7734-8BC1-823F-A09B8D5DB43E Page | 39 Revised 12/24 40. TERMINATION FOR DEFAULT 40.1. If the CMAR fails to begin the Work under the Contract within the time specified, or the progress of the Work is not maintained on schedule, or fails to complete the Work within the time above specified, or shall allow the Work to be performed unsuitably or shall discontinue the prosecution of the Work, or if the CMAR shall become insolvent or be declared bankrupt or commit any act of bankruptcy or insolvency, or allow any final judgment to stand against it unsatisfied for a period of seventy-two (72) hours, or shall make an assignment for the benefit of creditors, or for any other cause whatsoever shall not carry on the Work in an acceptable manner, the Owner may give notice in writing, sent by certified mail, return receipt requested, to the CMAR and its surety of such delay, neglect or default, specifying the same, and if the CMAR within a period of ten (10) days after such notice shall not proceed in accordance therewith, then upon the Owner’s issuance of notice of default, the surety shall promptly take over the Work and complete the performance of this Contract in the manner and within the time frame specified. In the event the surety shall fail to take over the Work to be done under this Contract within fifteen (15) days after being so notified and notify the Owner in writing, sent by certified mail, return receipt requested, that it is taking the same over and stating that it will diligently pursue and complete the same, the Owner shall have full power and authority, without violating the Contract, to take the prosecution of the Work out of the hands of said CMAR, to appropriate or use any or all Contract materials and equipment on the grounds as may be suitable and acceptable and may enter into an agreement, either by public letting or negotiation, for the completion of said Contract according to the terms and provisions thereof or use such other methods as in its opinion shall be required for the completion of said Contract in an acceptable manner. All costs and charges incurred by the Owner, together with the costs of completing the Work under Contract, shall be deducted from any monies due or which may become due said CMAR and surety. In case the expense so incurred by the Owner shall be less than the sum which would have been payable under the Contract, if it had been completed by said CMAR, then the said CMAR and surety shall be entitled to receive the difference, but in case such expense shall exceed the sum which would have been payable under the Contract, then the CMAR and the surety shall be liable and shall pay to the Owner the amount of said excess. 40.2. It is further mutually agreed between the parties hereto that if at any time after the execution of this Contract and the surety bonds hereto attached for its faithful performance, the Owner shall deem the surety or sureties upon such bonds to be unsatisfactory, or if for any reason such bo nds cease to be adequate to cover the performance of the Work, the CMAR shall, at its expense, within five (5) days after the receipt of notice from the Owner so to do, furnish an additional bond or bonds in such form and amount, and with such surety or sureties as shall be satisfactory to the Owner. In such event no further payment to the CMAR shall be deemed to be due under this Contract until such new or additional security for the faithful performance of the Work shall be furnished in manner and form satisfactory to the Owner. 40.3. In the event it is determined by a court of law that termination under this paragraph was not justified, the termination of the CMAR will be treated as if it were a termination for convenience hereunder. 41. CONSTRUCTION MANAGER’S RIGHT TO STOP WORK OR TERMINATE THE CONTRACT 41.1. Should the Work be stopped for a period of three months by order of a court having jurisdiction or by order of any other public authority due to cause beyond the fault or control of the CMAR, or if the Owner should fail or refuse to make payment on account of a certificate issued by the Project Designer within thirty (30) days after receipt of same, then the CMAR, after fifteen (15) days’ written notice to the Owner and the Project Designer, may suspend operations on the Work or terminate the Contract. 41.2. The Owner shall be liable to the CMAR for the cost of the Work delivered and performed on this Contract plus all General Conditions costs incurred to date plus its fee earned to date, an d shall Docusign Envelope ID: F9219C15-7734-8BC1-823F-A09B8D5DB43E Page | 40 Revised 12/24 make such payment. The Project Designer shall determine and certify the correctness of such payment. 42. REQUEST FOR PAYMENT 42.1. Prior to payment by the Owner, the Project Designer shall review and approve the CMAR’s pay applications. Based on applications for payment submitted to the Project Designer by the CMAR and certificates for payment issued by the Project Designer, the Owner shall make progress payments to the CMAR as provided below and elsewhere in the Contract Documents. 42.2. E-VERIFY. As a condition of payment for services rendered under this Contract, CMAR shall comply with the requirements of Article 2 of Chapter 64 of the North Carolina General Statutes. CMAR shall require its Subcontractors to comply with the requirements of Article 2 of Chapter 64 of the North Carolina General Statutes as well. Upon request by Owner CMAR shall verify, by affidavit, compliance of the terms of this section. 42.3. The period covered by each application for payment shall be one calendar month ending on the last day of the month. 42.4. No advance payments or interim payments will be made by the Owner. 42.5. Provided a proper and complete application for payment is received by the Proje ct Designer not later than the 1st day of a given month, the Owner shall make payment to the CMAR not later than the last day of the same month. If an application for payment is received by the Project Designer after the application date fixed above, payment shall be made by the Owner not later than thirty days after the Project Designer receives the application for payment. 42.6. With each application for payment for Work performed directly by the CMAR and such Subcontractors as the Owner may specify, the CMAR shall submit transaction summaries and, if requested by the Owner, payrolls, petty cash accounts, receipted invoices or invoices with check vouchers attached, and any other evidence required by the Owner or Project Designer to demonstrate that cash disbursements already made by the CMAR on account of general conditions and the Cost of the Work equal or exceed (1) progress payments already received by the CMAR less (2) that portion of those payments attributable to the CMAR’s Fee; plus (3) payrolls and costs for the period covered by the present application for payment. 42.7. The CMAR shall submit a schedule of values that allocates the entire GMP among the various portions of the Work, except that the CMAR’s Fee shall be shown as a separate item. The schedule of values shall be prepared in such form and supported by such data to substantiate its accuracy as the Project Designer may require. This schedule, unless objected to by the Project Designer, shall be used as a basis for reviewing the CMAR’s applications for payment. The Project Designer may also use the Project critical path schedule when reviewing the CMAR’s applications for payment. 42.8. Each application for payment shall be compared to the most recent schedule of values submitted by the CMAR. Applications for payment shall show the percentage completion of each portion of the Work as of the end of the period covered by the application for payment. The percentage completion shall be the percentage of that portion of the Work which has actually been completed. 42.9. Subject to other provisions of the Contract, the amount of each progress payment shall be computed as follows: 42.9.1. Take that portion of the GMP properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the GMP allocated to that portion of the Work in the schedule of values. Docusign Envelope ID: F9219C15-7734-8BC1-823F-A09B8D5DB43E Page | 41 Revised 12/24 42.9.2. Add that portion of the GMP properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work or if approved in advance by the Owner, suitably stored off site at a location agreed upon in writing. 42.9.3. Add the CMAR’s Fee: the CMAR’s portion of the Fee for construction phase services shall be an amount which bears the same ration to the fixed -sum Fee as the total payment described in the two preceding clauses bears to the cost of the Work defined in the Contract Documents. 42.9.4. Subtract the aggregate of previous payments made by the Owner. 42.9.5. Subtract the amount, in any, by which the CMAR has been previously overpaid, as evidenced by the Owner’s review of the CMAR’s documentation required herein or by any audit of the CMAR records. 42.9.6. Subtract amounts, if any, for which the Project Designer has withheld or nullified a certificate of payment. 42.9.7. Subtract retainage as provided below. 42.10 Except with the Owner’s prior approval, payments allocated to Subcontractors shall be subject to a retention of five (5%). Whenever any item of Work indicated on the CMAR’s schedule of values is completed on or before a target date mutually agreed upon by the Owner, Project Designer and the CMAR, and the Project Designer and Owner agree the Work is completed, the Owner may reduce the amount of retainage on that item by fifty (50%) for the remainder of the Project. 42.11. In addition, the CMAR shall retain one percent (1%) of the contract sum of each or any Subcontractor during the warranty period for contracts up to $ , or one half percent (1/2%) with a $ minimum during the warranty period for contracts over $ . 42.12. Retainage in the traditional sense shall not be held on the CMAR’s Fee; the CMAR’s Fee shall be paid in accordance with this paragraph, meaning the fifty percent (5 0%) of the CMAR’s Fee for construction services shall be held by the Owner until satisfactory completion and close out of the Project. Satisfactory completion and close out of the Project means that the Owner and Project Designer are satisfied that the Project has been completed in accordance with the Construction Documents and within the GMP, all general conditions of the Contract pertaining to the close out have been satisfied, and all Subcontractors have satisfactorily completed their respective contrac ts. 42.13 Except with the Owner’s prior approval, the CMAR shall not made advance payments to suppliers for material or equipment that has not been delivered and stored at the site. 42.14. The Project Designer shall take action on the CMAR’s application for payment in accordance with the agreement between the Owner and Project Designer. The Project Designer’s certification for payment shall be based upon the Project Designer’s on -site observation and the documentation submitted in accordance with this paragraph and the CMAR’s application for payment. 43. CERTIFICATES OF PAYMENT AND FINAL PAYMENT 43.1. Within five (5) days from receipt of request for payment from the CMAR, the Project Designer shall issue and forward to the Owner a certificate for payment. This certificate shall indicate the amount requested or as approved by the Project Designer. If the certificate is not approved by the Project Designer, it shall state in writing to the CMAR and the Owner its reasons for withholding payment. No certificate issued or payment made shall constitute an acceptance of the Work or any part thereof. Docusign Envelope ID: F9219C15-7734-8BC1-823F-A09B8D5DB43E Page | 42 Revised 12/24 43.2. The Owner reserves the right, prior to making final payment to the CMAR, to conduct a final audit of the expenditures by the CMAR on the Project for assurances that the final payment to the CMAR does not exceed the amounts properly payable to the CMAR for the Cost of the Work, General Conditions, any special allowances, and CMAR-GMP Contingency savings. In the event an audit determines that the CMAR has been paid more than it is entitled to be paid under the Contract, the CMAR will refund the overpayment to the Owner. 43.3. The making and acceptance of final payment shall constitute a waiver of all claims by the Owner except: 43.3.1. Claims arising from unsettled liens or claims against the CMAR. 43.3.2. Faulty Work or materials appearing after final payment. 43.3.3. Failure of the CMAR to perform the Work in accordance with drawings and specifications, such failure appearing after payment. 43.3.4. As conditioned in the performance bond and payment bond. 43.4. The making and acceptance of final payment shall constitute a waiver of all claims by the CMAR except those claims previously made and remaining unsettled. 43.5. Prior to submitting request for final payment to the Project Designer for approval, the CMAR shall fully comply with all requirements specified in the “Project closeout” section of the specifications. These requirements include but not limited to the following: 43.5.1. Submittal of Product and Operating Manuals, Warranties and Bonds, Guarantees, Maintenance Agreements, As-Built Drawings, Certificates of Inspection or Approval from agencies having jurisdiction. (The Project Designer must approve the Manuals prior to delivery to the Owner). 43.5.2. Transfer of required attic stock material and all keys in an organized manner. 43.5.3. Record of Owner’s training. 43.5.4. Resolution of any final inspection discrepancies. 43.6. The CMAR shall forward to the Project Designer the final application for payment along with the following documents: 43.6.1. List of minority business subcontractors and material suppliers showing breakdown of contracts amount. 43.6.2. Affidavit of Release of Liens. 43.6.3. Affidavit of Subcontractors of payment to material suppliers and subcontractors. 43.6.4. Consent of Surety to Final Payment. 43.6.5. Certificates of state agencies required by state law. 43.7. The Project Designer will not authorize final payment until the Work under contract has been certified by Project Designer, certificates of compliance issued, and the CMAR has complied with the closeout requirements. The Project Designer shall forward the CMAR’s final application for payment to the Owner along with respective certificate(s) of compliance required by law. Docusign Envelope ID: F9219C15-7734-8BC1-823F-A09B8D5DB43E Page | 43 Revised 12/24 44. CONTRACTOR’S AFFIDAVIT 44.1. The final payment of retained amounts due the CMAR on account of th e Contract shall not become due until the CMAR has furnished to the Owner through the Project Designer an affidavit signed, sworn and notarized to the effect that all payments for materials, services or contracted Work to Subcontractors in connection with this Contract have been satisfied, and that no claims or liens exist against the CMAR in connection with this Contract. In the event that the CMAR cannot obtain similar affidavits from Subcontractors to protect the CMAR and the Owner from possible liens or claims against the CMAR, the CMAR shall state in its affidavit that no claims or liens exist against any Subcontractor to the best of its (the CMAR’s) knowledge, and if any appear afterward, the CMAR shall save the Owner harmless from all claims by any Subcontractor or other claimant for payment or any other compensation for Work on the Project. 45. TAXES 45.1. North Carolina sales tax and use tax, as required by law, apply to materials entering into county Work and such costs shall be included in all bid proposals and contract sums. 45.2. Local option sales and use taxes, as required by law, apply to materials entering into county Work as applicable and such costs shall be included in all bid proposals and contract sums. 45.3. The CMAR shall give the Owner a signed tax statement containing the information listed in G.S. 105-164.14(e) before any payment requests submitted will be due. 45.4. The Department of Revenue has agreed as of April 1, 1991 that in lieu of obtaining copies of sales receipts from Subcontractors, an agency may obtain a certified statement from the Subcontractor setting forth the date, the type of property and the cost of the property purchased from each vendor, the county in which the vendor made the sale and the amount of local sales and use taxes paid thereon. If the property was purchased out-of-state, the county in which the property was delivered should be listed. The Subcontractor should also be notified that the certified statement may be subject to audit. 45.5. In the event the CMAR makes several purchases from the same vendor, such certified statement must indicate the invoice numbers, the inclusive dates of the invoices, the total amount of the invoices, the counties, and the county sales and use taxes paid thereon. The position of a sale is the retailer’s place of business located within a taxing county where the v endor becomes contractually obligated to make the sale. Therefore, it is important that the county tax be reported for the county of sale rather than the county of use. When property is purchased from out -of- state vendors and the county tax is charged, the county should be identified where delivery is made when reporting the county tax. Such statement must also include the cost of any tangible personal property withdrawn from the CMAR’s warehouse stock and the amount of county sales or use tax paid thereon by the CMAR. Similar certified statements by its Subcontractors must be obtained by the CMAR and furnished. 45.6. The CMAR and its Subcontractors are not to include any tax paid on supplies, tools , and equipment which they use to perform their contracts and should include only those building materials, supplies, fixtures and equipment which actually become a part of or annexed to the building or structure. 45.7. Any sales tax refunds paid to the Owner shall be exclusively for the Owner’s use and shal l not in any way reduce the cost of the Project or impact the GMP. Docusign Envelope ID: F9219C15-7734-8BC1-823F-A09B8D5DB43E Page | 44 Revised 12/24 46. PAYMENTS WITHHELD 46.1. The Project Designer may withhold a certificate for payment in whole or in part, to the extent reasonably necessary to protect the Owner. If the Project Designer is unable to certify payment in the amount of the application, the Project Designer will notify the CMAR and the Owner in writing. If the CMAR and Project Designer cannot agree on a revised amount, the Project Designer will promptly issue a certificate for payment for the amount for which the Project Designer is able to make such representations to the Owner. The Project Designer may also withhold a certificate for payment, in whole or in part, to such extent as may be necessary in the Project Des igner’s opinion to protect the Owner from loss for which the CMAR or the Subcontractor(s) is responsible, including loss resulting from acts and omissions, because of: 46.1.1. Defective Work not remedied; 46.1.2. Third party claims filed or reasonable evidence indicating probable filing of such claims unless security acceptable to the Owner is provided by the CMAR; 46.1.3. Failure of the CMAR or Subcontractor(s) to make payments properly to Subcontractors or sub-subcontractors or for labor, materials or equipment; 46.1.4. Reasonable evidence that the Work cannot be completed for the unpaid balance of the GMP; 46.1.5. Damage to the Owner or another Subcontractor; 46.1.6. Reasonable evidence that the Work will not be completed within the contract time, and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay; 46.1.7. Failure to carry out the Work in accordance with the Contract Documents; 46.1.8. Failure to provide sales tax documentation as required by the Owner; 46.1.9. Failure or refusal of the CMAR or Subcontractors to submit the required information on minority business enterprises; 46.1.10. Any other reason deemed necessary by the Project Designer to protect the Owner un less arbitrary and unreasonable; or 46.1.11. Subsequently discovered evidence that Work previously approved was not performed in accordance with the Contract Documents. 46.2. When the above reasons for withholding certification are removed, certificat ion will be made for amounts previously withheld. 46.3. The Owner’s Representative may withhold a certificate for payment in whole or in part, to the extent reasonably necessary to protect the Owner. 47. INSURANCE REQUIREMENTS 47.1. CMAR shall procure and maintain for the duration of the contract the following insurance coverage from an insurance company(s) possessing a rating of A -VI or higher from the A.M. Best Company or an equivalent rating service. All of the policies required of the CMAR shall contain a waiver of subrogation provision to waive all rights of recovery under subrogation or otherwise against the Owner. CMAR shall advise the Owner of any cancellation, non-renewal, or Docusign Envelope ID: F9219C15-7734-8BC1-823F-A09B8D5DB43E Page | 45 Revised 12/24 material change in any policy within ten (10) days of notification of such action and provide updated certificates of insurance evidencing renewals within fifteen (15) days of expiration. All of the policies required of the CMAR shall be primary and the CMAR agrees that any insurance or self-funded liability programs maintained by the Owner shall be non-contributing with respect to the CMAR’s insurance. Insurance coverage shall be obtained from companies that are authorized to provide such coverage and that are authorized by the Commissioner of Insurance to d o business in North Carolina. CMAR, upon request, shall furnish Owner with complete copies of insurance policies required. By requiring insurance herein, the Owner does not represent that coverage and limits will necessarily be adequate to protect CMAR, and such coverage and limits shall not be deemed as a limitation on CMAR’s liability under the indemnities granted to the Owner in this Contract. Any umbrella or excess liability coverage must be at least as broad as the primary coverage and contain all coverage provisions that are required of the primary coverage. The failure of the Owner at any time to enforce the insurance provisions, to demand such certificates of insurance, or to identify a deficiency shall not constitute a waiver of those provisions, nor reduce the obligations of the CMAR to maintain such insurance or to meet its obligations under the indemnification provisions. The CMAR shall provide the Owner a valid certificate of insurance, in advance of the performance of any work, exhibiting coverage as required by the Owner. Providing and maintaining adequate insurance coverage is a material obligation of the CMAR. CMAR shall require its subcontractors to maintain insurance coverage required herein or cover the subcontractors’ under the CMAR’s policies. The Certificate of Insurance shall be provided on the industry standard form, ACORD 25. Notwithstanding the foregoing, nothing contained in this section shall be deemed to constitute a waiver of the governmental immunity of Orange County, which immunity is hereby reserved to Orange County. The Work under this Contract shall not commence until the CMAR has verified to the Owner that all required insurance coverage as described herein has been obtained and verifying certificates of insurance have been approved in writing by the Owner. These certifi cates shall contain a provision that coverage afforded under the policies will not be cancelled, reduced in amount , or coverage eliminated until at least thirty (30) days after mailing written notice, by certified mail, return receipt requested, to the insured and the Owner of such alteration or cancellation. Insurances to be provided are as follows: 47.1.1. Commercial General Liability: The CMAR shall ensure that it and all Subcontractors shall provide commercial general liability insurance with a limit of not less than $5,000,000 per occurrence and $10,000,000 aggregate. Coverage must be in a form providing coverage not less than the standard Insurance Services Off ice Form CG 00 01 and include products and completed operations, property damage, bodily injury, and personal & advertising injury. The products-completed operations coverage shall be provided for a minimum of six (6) years following final acceptance of th e work. 47.1.2. Commercial Automobile Liability: The CMAR shall ensure that it and all Subcontractors shall provide commercial automobile liability insurance of not less than $2,000,000 per occurrence for any vehicle. 47.1.3. Worker’s Compensation and Employer’s Liability: The CMAR shall ensure that it and all Subcontractors provide and maintain, during the life of the Contract, worker’s compensation insurance, as required by law, as well as employer’s liability coverage, with minimum limits of $1,000,000 per accident for bodily injury of disease . Docusign Envelope ID: F9219C15-7734-8BC1-823F-A09B8D5DB43E Page | 46 Revised 12/24 47.1.4. Professional Liability: The CMAR shall ensure that it and all professional service providers under this contract provide professional liability insurance with a limited of not less than $5,000,000 per occurrence or claim, and $5,000,000 aggregate. There shall be an extended reporting period of not less than six (6) years. 47.1.5. Builders Risk: Builder’s Risk: The CMAR shall ensure that it and all Subcontractors purchase and maintain property insurance during the life of this Contract, upon the entire Work at the site in amount equal to the completed value of the project with no coinsurance penalty provisions utilizing an “All Risk” (Special Perils) coverage form. This insurance shall include the interests of the Owner, the CMAR, the Subcontractors and sub-subcontractors in the Work and shall insure against the perils of fire, extended coverage, and vandalism and malicious mischief. If the Owner is damaged by failure of the CMAR to purchase or maintain such insurance, then the CMAR shall bear all reasonable costs properly attributable thereto; the CMAR shall effect and maintain similar property insurance on portions of the Work stored off the site when request for payment per articles so includes such portions. 47.1.6. Pollution Legal Liability: The CMAR shall ensure that it and all Subcontractors shall provide Pollution legal liability insurance in an amount not less than $5,000,000 per occurrence or claim and $5,000,000 aggregate. 47.1.7. “All Risk” Property (CMAR’s Property): The CMAR shall ensure that it shall provide replacement cost coverage under an “All Risk” policy for any of the CMAR’s real or personal property. Policy must include coverage for equipment own ed, leased, rented, and borrowed, whether such equipment is located at a job site or “in transit.” 47.1.8. Public Liability and Property Damage: The CMAR shall ensure that it and all Subcontractors provide and maintain, during the life of the Contract, comprehensive general liability insurance, including coverage for premises operations, independent Subcontractors, completed operations, products and contractual exposures. Such insurance shall protect the CMAR and the Subcontractors from claims arising out of any bodily injury, including accidental death, and claims for property damages which may arise from operations under this Contract, whether such operations are by the CMAR or by any Subcontractor, or by anyone directly or indirectly employed by either of them. The minimum limits of such insurance shall be $2,000,000 for each occurrence and $4,000,000 aggregate, or such lower limits as may be agreed to by the Owner on a case -by- case basis. Such coverage for completed operations must be maintained for at least two (2) years following final acceptance of the Work performed under the Contract. 47.2. Deductible: Any deductible, if applicable to loss covered by insurance provided, is to be borne by the CMAR and/or its Subcontractors. 47.3. Proof of Coverage: The CMAR shall ensure that it and all Subcontractors furnish the Owner with satisfactory proof of coverage of the insurance required before written approval is granted by the Owner. 48. INDEMNIFICATION 48.1. To the fullest extent permitted by law, the CMAR shall indemnify and hold harmless the Owner, the Project Designer, and the officers, agents, consultants and employees of the Owner and Project Designer, from and against all claims, damages, losses and expenses, including, but not limited to attorneys’ fees, arising out of or resulting from the performance or failure of performance of the Work, provided that any such claim, damage, loss, or expense (1) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction o f tangible property (other than the Work itself) including the loss of use resulting therefrom, and (2) is caused in whole or in part by any negligent act or omission of the CMAR, the CMAR’s Subcontractors, or the agents of either the Docusign Envelope ID: F9219C15-7734-8BC1-823F-A09B8D5DB43E Page | 47 Revised 12/24 CMAR or the CMAR’s Subcontractors; provided that nothing herein shall require the CMAR or its Subcontractors to indemnify the Owner or the Project Designer against negligent acts of the Owner or Project Designer. Such obligation shall not be construed to negate, abridge or oth erwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this Contract. Such obligation shall not be affected or limited by the immunity granted under any worker’s compensation plan. 48.2 The CMAR shall cause each contractor and Subcontractor to indemnify and hold harmless the Owner, CMAR, and Designer from and against any and all claims, demands, suits, damages, including consequential damages and damages resulting from personal injury or property damage, costs, expenses, and fees that are asserted against the Owner, CMAR and the Designer and that arise out of or result from negligent acts or omissions or the breach of the Contract by the CMAR, its employees, agents, contractors, Subcontractors, and representatives in performing the Work. 48.3 The Owner shall cause the Designer to indemnify and hold harmless the Owner, its officers, employees, agents, and representatives to the same extent and in the same manner that the CMAR has provided indemnification for the Owner. 48.4 The CMAR acknowledges liens may not be filed against governmental property and that such liens are not authorized by law. In the event any agent, materials or services provider, contractor, or Subcontractor of CMAR files or attempts to file any notice of lien, claim of lien, or lien against Owner’s property CMAR shall take immediate affirmative steps to remove and/or terminate any such claim of lien, lien, or lien action. Immediate affirmative steps means the CMAR, at CMAR’s sole expense, shall without delay take whatever action is necessary, including without limitation litigation, to remove and/or terminate such claim of lien, lien, or lien action from Owner’s property. If Owner determines CMAR is not proceeding as required by this section to remove and/or terminate any claim of lien, lien, or lien action Owner may take any action necessary to remove and/or terminate such claim of lien, lien, or lien action and all costs or expense related to such action by Owner shall be borne by CMAR. 49. PERFORMANCE BOND AND PAYMENT BOND 49.1. Within fifteen (15) days of the establishment of each GMP, the CMAR shall provide a performance bond and payment bond, each in the amount of the GMP plus the Ow ner’s allowance. The amount of the performance and payment bonds may be adjusted if the guaranteed maximum price is reduced after the bids are received. Each time a new GMP is established and approved by the Owner, the CMAR shall increase the amount of the performance and payment bonds to the amount of the cumulative GMP, including Owner’s allowances, so that at all times a single performance bond and a single payment bond shall be in effect for the entire Project under contract at that time. 49.2. The performance bond and payment bond shall be executed by a surety company authorized to do business in North Carolina. Bonds shall be executed in the form bound with the RFQ unless the Owner accepts another form of bond. 49.3. All bonds shall be countersigned by an authorized agent and attorney-in-fact for the bonding company who is licensed to do business in North Carolina. The title “Licensed Resident Agent” shall appear after the signature. There shall be attached to each copy of the bond a certified cop y of power of attorney properly executed and dated. The seal of the bonding company shall be impressed on each signature page of the bonds. 50. ASSIGNMENTS 50.1. The CMAR shall not delegate or subcontract its duties under this Contract or any portion of this Contract except as expressly set forth herein for general conditions and construction subcontracts. The CMAR may not make a general assignment of its rights under this Contract to any third party without the express consent of the Owner. Except as may be required under terms of the Docusign Envelope ID: F9219C15-7734-8BC1-823F-A09B8D5DB43E Page | 48 Revised 12/24 performance bond or payment bond, no funds or sums of money due or to become due to the CMAR under the Contract may be assigned or pledged as collateral for a loan or other debt without the consent of the Owner. In the event the CMAR has prior to execution of this Contract pledged payments hereunder as collateral for any loan or debt, the CMAR shall advise the Owner, in confidence if required by the CMAR, of the circumstances of the loan or debt, and arrange for the subordination of the security interest of the creditor or lender to the Owner’s rights under this Contract. 51. DISPUTE RESOLUTION 51.1. In the event that a dispute of any nature cannot be resolved by the Project Team pursuant to the terms and conditions herein, the parties shall endeavor to resolve the dispute pursuant to the Dispute Resolution Rules and Procedures as shown in Appendix B attached hereto. Mediation in accordance with those rules and procedures shall be a condition precedent that must occur before any party may bring a civil action against the Owner, Project Designer, or CMAR. 51.2 Should a dispute arise that cannot be finally settled through the claims and dispute resolution procedures in this Contract, the CMAR agrees that any civil acti on related to the Project in which the Owner is or may be a party shall be brought only in the General Court of Justice of North Carolina, Superior Court Division, seated in Orange County, North Carolina. Any such action shall be tried by a judge without a jury. 52. CONTRACTOR EVALUATION 52.1. The CMAR’s overall Work performance on the Project shall be fairly evaluated for determining qualifications to bid on future Orange County capital improvement projects. In addition to final evaluation, interim evaluation may be prepared during the progress of the Project. The Owner may request the CMAR’s comments to evaluate the Project Designer. 53. NOTICES 53.1 Whenever any provision of the Contract Documents requires the giving of notice or written notice such notice shall be delivered in writing. It shall be deemed to have been validly given if delivered in person to, and signed for by, the individual or to a member of the firm or to an officer of the corporation or organization for whom it is intended or if delivered or sent by registered or certified mail, postage prepaid, addressed as follows: If to Owner: If to CMAR: [SIGNATURE PAGE TO FOLLOW] Docusign Envelope ID: F9219C15-7734-8BC1-823F-A09B8D5DB43E Page | 49 Revised 12/24 IN WITNESS WHEREOF, the Parties hereto have executed this Contract on the day and date first above written in four (4) counterparts, each of which shall without proof or accounting for other counterparts, be deemed an original contract. CONSTRUCTION MANAGER AT RISK By: ________________________________ Title: _______________________________ (Corp. Pres. or Vice Pres. only) Attest: ______________________________ Title: _______________________________ (CORPORATE SEAL) (Corp. Sec. or Asst. Sec. only) ORANGE COUNTY By:____________________________________ Title:__________________________________ This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act. _________________________________________________ Orange County Chief Financial Officer Docusign Envelope ID: F9219C15-7734-8BC1-823F-A09B8D5DB43E Page | 50 Revised 12/24 APPENDIX A MINORITY BUSINESSES PARTICIPATION REQUIREMENTS Orange County has established a verifiable ten percent (10%) minority business participation goal fo r the total monetary value of this project. Verifiable goal means that the awarding authority has adopted written guidelines specifying the actions that the prime contractor must take to ensure a good faith effort in the recruitment and selection of minority businesses for participation in contracts awarded; the required actions must be documented in writing by the contractor to the appropriate awarding authority. These guidelines are published to accomplish that end. DEFINITIONS: Minority - a person who is a citizen or lawful permanent resident of the United States and who is: a. Black, that is, a person having origins in any of the black racial groups in Africa; b. Hispanic, that is, a person of Spanish or Portuguese culture with origins in Mexico, South or Central America, or the Caribbean Islands, regardless of race; c. Asian American, that is, a person having origins in any of the original peoples of the Far East, Southeast Asia and Asia, the Indian subcontinent, the Pacific Islands; d. American Indian or Alaskan Native, that is, a person having origins in any of the original peoples of North America; or e. Female. Socially and Economically Disadvantaged Individual: Socially disadvantaged individuals are those who have been subjected to racia l or ethnic prejudice or cultural bias because of their identity as a member of a group without regard to their individual qualities. Economically disadvantaged individuals are those socially disadvantaged individuals whose ability to compete in the free enterprise system has been impaired due to diminished capital and credit opportunities as compared to others in the same business area who are not socially disadvantaged. Minority Business - means a business: a. In which at least fifty-one percent (51%) is owned by one or more minority persons, or in the case of a corporation, in which at least fifty-one percent (51%) of the stock is owned by one or more minority persons; and b. Of which the management and daily business operations are controlled by one or more of the minority persons who own it; and c. Is certified in one of the MWBE categories as defined by the NC Department of Administration/Historically Underutilized Business (HUB) and the NC Department of Transportation/Disadvantaged Business Enterprise (DBE). Bidder Responsibilities: Under the single prime contract system, the prime contractor will: a. Attend the scheduled Prebid conference. b. Identify or determine those work areas of a contract where MBEs may have an interest in performing contract work. c. At least ten (10) days prior to the scheduled day of bid opening, notify certified MBEs of potential contracting opportunities listed in the proposal. The notification will include the following: 1. A description of the work for which the bid is being solicited. 2. The date, time, and location where bids are to be submitted. 3. The name of the individual within the agency/institution who will be available to answer questions about the project. 4. Where bid documents may be reviewed. 5. Any special requirements that may exist, such as insurance, licenses, bonds and financial arrangements. d. During the bidding process, comply with the contractor(s) requirements listed in the proposal for minority participation. Docusign Envelope ID: F9219C15-7734-8BC1-823F-A09B8D5DB43E Page | 51 Revised 12/24 e. Submit with the bid a description of that portion of the work to be executed by MBEs expressed as a percentage of the total price. f. Identify the MBEs the bidder intends to use on the contract, along with the dollar amount of the work to be performed by each minority business. g. Submit an affidavit that details the good faith efforts taken to procure minority business participation. h. Upon being named the apparent low bidder, the bidder shall provide the necessary documentation as listed in the contract documents. Failure to comply with procedural requirem ents as defined in contract documents may render that bid as non-responsive and may result in rejection of the bid and award to the next lowest responsible and responsive bidder. i. Upon being named apparent low bidder, the bidder shall provide an affidav it that lists the proportion of the work to be performed by MBEs. If the MBEs do not account for ten percent (10%) of the contract price, the bidder must submit an affidavit that verifies the bidder’s good faith efforts by certifying that it has undertaken at least five of the following ten (10) steps: 1. Contacted minority businesses that reasonably could have been expected to submit a quote and that were known to the contract or available on these State or local government -maintained lists at least ten (10) days before the bid or proposal date and notifying them of the nature and scope of the work to be performed. 2. Made the construction plans, specifications, and requirements available for review by prospective minority businesses, or providing these documents to them at least ten (10) days before the bid proposals are due. 3. Broke down or combined elements of work into economically feasible units to facilitate minority participation. 4. Worked with minority trade, community, or contractor organizati ons identified by the Office of Historical Underutilized Businesses and included in the bid documents that provided assistance in recruitment of minority businesses. 5. Attended any Prebid meetings scheduled by the public owner. 6. Provided assistance in getting required bonding or insurance or providing alternatives to bonding or insurance for subcontractors. 7. Negotiated in good faith with interested minority businesses and did not reject them as unqualified without sound reasons based on their capabilities. Any rejection of a minority business based on lack of qualifications should have the reasons documented in writing. 8. Provided assistance to an otherwise qualified minority business in need of equipment, loan capital, lines of credit, or joint pay agreements to secure loans, supplies, or letters of credit, including waiving credit that is ordinarily required. Assisted minority businesses in obtaining the same unit pricing with the bidder’s suppliers in order to help the minority businesses in establishing credit. 9. Negotiated joint venture and partnership arrangements with minority businesses in order to increase opportunities for minority business participation on a public construction or repair project when possible. 10. Provide quick pay agreements and policies to enable minority contractors and suppliers to meet cash -flow demands. j. During the construction of the project, if it becomes necessary to replace an MBE subcontractor, advise the owner of the circumstances involved. k. If, during the construction of a project, additional subcontracting opportunities become available, make a good faith effort to solicit sub bids from MBEs. Docusign Envelope ID: F9219C15-7734-8BC1-823F-A09B8D5DB43E Page | 52 Revised 12/24 ORANGE COUNTY—DEPARTMENT USE ONLY ______________________________________________________________________________ Department Party/Vendor Name: Party/Vendor Contact Person: Contact Phone: Party/Vendor Address: City State: Zip: Department: Amount: Purpose: Budget Code(s): Vendor # (N/A if new vendor) Vendor is a BOCC consultant? Yes No Contract Type: (Check one) New Renewal Amendment Effective Date Approved by Board Yes No Agenda Date: This agreement is approved as to technical form and content: Department Director’s Signature ________________________________________ Date: ________ Asset Management (Applicable only to construction contracts) This agreement has been reviewed and is approved as to construction content and specifications: Office of the Asset Management Director__________________________________ Date: ________ Risk Management This agreement is approved for sufficiency of insurance standards, specifications, and requirements: Office of the Risk Management Officer___________________________________ Date: _________ Financial Services This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act: Office of the Chief Financial Officer ____________________________________ Date: _________ Legal Services This agreement is approved as to legal form and sufficiency: Office of the County Attorney __________________________________________Date: ________ Clerk to the Board Received for record retention: All Docusign contracts must be copied to the Clerk upon completion: occlerkdocs@orangecountync.gov The following signature block is for hard copies only and is not required for Docusign contracts: Received for record retention: Office of the Clerk to the Board __________________________________________Date:__ Docusign Envelope ID: F9219C15-7734-8BC1-823F-A09B8D5DB43E RESPONSE TO REQUEST FOR QUALIFICATIONS / CM@RISK SERVICESRFQ 367-OC5466 SUBMITTAL THE RENOVATION & CONSTRUCTION OF SHERIFF’S OFFICE FACILITIES ORANGE COUNTY, NC Docusign Envelope ID: F9219C15-7734-8BC1-823F-A09B8D5DB43E TABLE OF CONTENTSA / QUALIFICATIONS & EXPERIENCE B / PROJECT APPROACH C / QUESTIONNAIRE D / OTHER ITEMS 01 19 30 36 RFQ 367-OC5466 SUBMITTAL THE RENOVATION & CONSTRUCTION OF SHERIFF’S OFFICE FACILITIES ORANGE COUNTY, NC Docusign Envelope ID: F9219C15-7734-8BC1-823F-A09B8D5DB43E QUALIFICATIONS & EXPERIENCE A Docusign Envelope ID: F9219C15-7734-8BC1-823F-A09B8D5DB43E SAMET / 1RFQ 367-OC5466 / The Renovation & Construction of Sheriff’s Office Facilities Qualifications & Experience Samet Corporation will serve as the Prime CMAR and bonding entity for the Orange County Renovation and Construction of the Sheriff’s Office Facilities. Our team strategically combines Samet’s in-house capabilities with specialized trade partners experienced in secure facility construction. Over the past twenty years, Samet has successfully delivered more than 2 million square feet and $460 million in public sector projects, establishing a proven track record of reliability and performance for government clients. A.1.B. / KEY PERSONNEL / ORGANIZATIONAL CHART QUALIFICATIONS & EXPERIENCE A.1.A. / OVERVIEW Sara Taylor Preconstruction Project Manager Tyler Kelley Senior Vice President Executive Management David Bascom Project Executive Brian Lambert Project Manager Cody Hall Project Engineer Travis McDonald Project Superintendent PROJECT MANAGEMENT FIELD MANAGEMENT PRECONSTRUCTION EXECUTIVE LEADERSHIP Arthur Samet CEO Doug Beane CFO Rick Davenport COO & President Docusign Envelope ID: F9219C15-7734-8BC1-823F-A09B8D5DB43E SAMET / 2RFQ 367-OC5466 / The Renovation & Construction of Sheriff’s Office Facilities Qualifications & Experience STAFF CURRENT ASSIGNMENTS + AVAILABILITY David Bascom Project Executive Durham Transit Center / April 2027 Wake County Western Regional Center / April 2027 Durham Fire & EMS 19 / June 2027 Sara Taylor Preconstruction Project Manager Durham Tech / December 2025 Rolesville Town Center / Januray 2026 Central Carolina CC Moore Reno. / May 2026 Rolesville Police Station / September 2026 Rolesville Fire / October 2026 Brian Lambert Project Manager Kernersville Aquatic Center / Finishing February 2027 Forsyth Public Health Facility / January 2027 Travis McDonald Project Superintendent Cornerstone Baptist Church / Finishing December 2026 Cody Hall Project Engineer Harnett County Shell Building / Finishing December 2026 A.1.C. / STAFF CURRENT ASSIGNMENTS & AVAILABILITY A.1.D. / CMAR TEAM - JV Samet Corporation is proposing as a single entity and is not part of a joint venture or associational relationship for this project. As the sole Prime CMAR, Samet maintains complete control and accountability for all aspects of project delivery. Docusign Envelope ID: F9219C15-7734-8BC1-823F-A09B8D5DB43E SAMET / 3RFQ 367-OC5466 / The Renovation & Construction of Sheriff’s Office Facilities Qualifications & Experience 2.A. / PROFILE OF CMAR FIRM Our operational philosophy is built on Service, Quality, Innovation, Trust, and Safety. We understand that the success of any construction project hinges on the expertise, dedication, and commitment of the team and contractors involved. BUILDING A LEGACY OF EXCELLENCE Our journey in construction commenced in the 1960s with speculative building projects, instilling in us the invaluable mindset of “think like an owner.” This propels our project teams to consistently prioritize clients’ objectives and financial goals, breathing life into their visions. Our success is measured by the loyalty of returning clients who forge repeat partnerships for expansions and new facilities. Beyond concrete and steel, our legacy rests on enduring principles—integrity, transparency, and innovative client service. THE SAMET ADVANTAGE Under CEO Arthur Samet’s leadership since 2000, we’ve diversified beyond commercial/ industrial roots into thriving sectors like healthcare, multi-family housing, higher education, and technology, expanding across the Southeastern U.S. Committed to responsive, client-centric service, we guarantee excellence, collaboration, and exceptional results for your needs. THE SAMET WAY At Samet, our work is guided by core values—Service, Quality, Innovation, Trust, and Safety—integral to our culture. The Samet Way isn’t merely a concept; it’s our cultural cornerstone, encapsulated in Five Fundamentals ensuring consistent performance and results. Our teams collaborate, refine, document, and implement these principles into every project. IN-HOUSE SERVICE CAPABILITIES Samet Corporation provides comprehensive in-house services that ensure seamless project delivery and single-source accountability. Our self- performed capabilities include: Preconstruction Services, Project Management, Site Supervision, Safety Management, Quality Control, Technology & Innovation, and Administrative Support. SAMET CORPORATION o 5430 Wade Park Boulevard Suite 110 Raleigh, NC 27607 919.703.0263 / sametcorp.com o JACK PENDERGRAPH, Business Development Manager jpendergraph@sametcorp.com o S-Corporation o NC License #3538 — Unlimited / Building SAMET OFFICES + # OF EMPLOYEES o Greensboro, NC (Headquarters) o Raleigh, NC (Proposing Office) o Savannah, GA o Charlotte, NC o Charleston, SC o Wilmington, NC CORPORATE HISTORY o Founded 1961 in North Carolina o 64 Years of Construction Experience CORPORATE OFFICERS o Arthur Samet, CEO/Chairman o Rick Davenport, COO o Doug Beane, CFO o Kenneth Grube, Executive VP o Tyler Kelley, Senior VP o Brian Hall, President of Real Estate # OF PROJECTS COMPLETED (PAST 5 YEARS) o 2024 - 302 o 2023 - 309 o 2022 - 284 o 2021 - 210 o 2020 - 113 DOLLAR VALUE OF PROJECTS (PAST 5 YEARS) o 2024 - $1.3B o 2023 - $1.4B o 2022 - $1.2B o 2021 - $702.9M o 2020 - $542M 154 84 47 94 45 29 Docusign Envelope ID: F9219C15-7734-8BC1-823F-A09B8D5DB43E SAMET / 4RFQ 367-OC5466 / The Renovation & Construction of Sheriff’s Office Facilities Qualifications & Experience ARTHUR SAMET Chairman, CEO RICK DAVENPORT COO DOUG BOONE CFO KEN GRUBE Executive VP CORPORATE OFFICERS CORPORATE STRUCTURE Samet is an S-Corporation SUBSIDIARIES: Samet Corporation does not have any subsidiary companies. AFFILIATED COMPANIES: Samet Corporation does not have any affiliated companies. Docusign Envelope ID: F9219C15-7734-8BC1-823F-A09B8D5DB43E SAMET / 5RFQ 367-OC5466 / The Renovation & Construction of Sheriff’s Office Facilities 3.A. & B. / CONSTRUCTION MANAGEMENT AT RISK SERVICES 3.C. / PROJECTS IN THE LAST 10 YEARS PROJECTS - LAST 10 YEARS / PROPOSED OFFICE DOLLAR VOLUME Alston Village Apartments $69,733,208 Rams Plaza $1,775,063 Bob Barker Co. Expansion $3,102,061 Raleigh Cary Jewish Comm Cntr $3,448,737 Link Glenwood Fire Reno $3,542,372 RTG Showroom Upfit $613,375 Solis Apts $35,471,559 Hillstone Cameron Village $32,882,185 Glen Lennox HUD Apts $40,006,965 137 Franklin Office $21,198,741 McGuire Woods Office Upfit $4,803,928 Corning Wilm Clean Room $2,187,615 Project Jupiter $3,260,305 Sweetwater Mixed-Use $59,299,565 Trailwood Apts $16,081,931 3020 Hillsborough Student Housing $33,123,148 Lafayette Park $44,826,101 Park Apts $74,168,728 District @ 54 $53,896,113 Rosemary Street Parking Deck $43,604,580 Solis Cameron Hill $53,193,902 Fenton Mixed-Use $89,669,811 Link Calyx Apartments $53,353,526 Link Calyx Demo $8,297,794 Rooms to Go - Dunn $921,085 Cato $1,626,139 AskBio $3,727,869 Cato Corridor Highwoods $142,953 Captial Center Exterior Imprv $950,575 WCPSS STEM Early College $8,644,445 Liberty Tire Upfit $4,567,464 Docusign Envelope ID: F9219C15-7734-8BC1-823F-A09B8D5DB43E SAMET / 6RFQ 367-OC5466 / The Renovation & Construction of Sheriff’s Office Facilities PROJECTS - LAST 10 YEARS / PROPOSED OFFICE DOLLAR VOLUME Abzena mAb Facility $31,790,952 Lyon Park Recreation $355,441 Novus $170,276,855 LiNK Linden - Roof $749,299 Millennium Chapel Hill Apts $78,669,840 Park City South $92,814,043 Wendell Falls $59,312,048 Biolabs Upfit Chapel Hill $6,011,938 Dvlpmt Svcs Lobby Reno $322,807 Project SUT $2,011,350 Amgen Fit Up $46,421,782 Neill's Creek Concess-Restroom $87,361 Holly Springs Fire Station #3 $10,263,753 MAA Nixie $109,151,939 Glen Lennox Infrastructure $1,082,540 Innovate Carolina Fit Up $3,585,860 Grace Park Phase III Elevator $885,820 Pfizer Sanford North $577,453 FXGD Phase II Upfit $3,585,673 500 E Main $45,409,870 DNU - RxR Veridea - Sewer BB-1 $23,713,707 Page Hall Renovations $1,355,174 DB Owen Roof Replacement $642,183 DB Lee Roof Replacement $715,286 WTCC Fire & Rescue $16,213,962 Board of Elections Reno $25,362,175 Ferguson Raleigh Ship Hub $8,167,309 4423 DPC Apex Upfit $3,163,704 RxR Veridea - Sewer BB-1 $27,808,762 RxR Veridea - Site Package B $58,919,912 CCEP Spec $4,674,693 CCEP #2 $5,660,146 CCEP Spec #3 $10,590,363 CCEP Spec #4 $6,279,760 Project FXGD $50,462,915 CCEP Building 5 $7,611,221 TIP West Infrastructure $6,992,738 TIP Lot 2 $6,992,738 Docusign Envelope ID: F9219C15-7734-8BC1-823F-A09B8D5DB43E SAMET / 7RFQ 367-OC5466 / The Renovation & Construction of Sheriff’s Office Facilities PROJECTS - LAST 10 YEARS / PROPOSED OFFICE DOLLAR VOLUME WCPSS Stem Early College $8,644,445 Lee County Library $1,102,375 Durham Transit Center Improvments $21,860,400 Holly Springs Fire Station #3 $10,263,753 Board of Elections Reno $25,362,175 High Point Police Headquarters Docusign Envelope ID: F9219C15-7734-8BC1-823F-A09B8D5DB43E SAMET / 8RFQ 367-OC5466 / The Renovation & Construction of Sheriff’s Office Facilities SAMET’S CURRENT COMMITMENTS - PROPOSING OFFICE Name Location Completion date Lead Designer Contact Owner Contact Project Delivery DTCC Orange County Bldg Addition Hillsborough, NC 12/2026 Katherine Hogan Architects, PC 553 Pylon Dr, Raleigh, NC 27606 919.793.5063 Marie-Pierre Lussier, PMP, PX 4601 Creekstone Drive, Suite 130 Durham, NC 27703 919.747.4544 CMAR Office of Emerg. Services Fleet Maint Durham, NC 12/2025 HH Architecture 1100 Dresser Ct, Raleigh, NC 27609 919.828.2301 Dan Nosbusch, PM, Durham County 201 East Main Street, Durham NC 27701 919.943.2268 CMAR Page Hall Renov.Raleigh, NC 11/2025 McMillan Pazdan Smith Arch., 1422 S Tryon St Suite 700, Charlotte, NC 28203 843.566.0771 Laura Zaytoun, PM NC State University, 2601 Wolf Village Way, Suite 331 Raleigh, NC 27695- 7520 919.515.8049 CMAR Durham Transit Center Imprvmts Durham, NC 04/2027 Perkins + Will 411 W Chapel Hill St Suite 200, Durham, NC 27701 919.433.5300 Shauna Parker, PM City of Durham, 101 City Hall Plaza Durham, NC 27701 919.560.4197 CMAR Lee County Library JV Sanford, NC 01/2026 Vines Architecture 819 W Hargett St, Raleigh, NC 27603 919.755.1975 Santiago Giraldo Lee County Government, 408 Summit Drive Sanford, NC 27331 919.718.4605 CMAR Durham Fire & EMS Station 19 Durham, NC 07/2027 ADW Architects 510 Glenwood Ave Suite 313, Raleigh, NC 27603 980.585.9223 919.589.2350 Jessica Killian (Turner & Townsend Heery), 555 Fayetteville Street, Suite 300, Raleigh, NC 27601 919.906.9907 CMAR WTCC Fire Training Center Raleigh, NC 05/2026 HH Architecture 1100 Dresser Ct, Raleigh, NC 27609 919.828.2301 Walter Lennon, PM Design & Constr. Facilities Operation, 1801 Fayetteville Street, Durham, NC 27707 919.866.6152 CMAR 4.A. / CURRENT PROJECT COMMITMENTS Docusign Envelope ID: F9219C15-7734-8BC1-823F-A09B8D5DB43E SAMET / 9RFQ 367-OC5466 / The Renovation & Construction of Sheriff’s Office Facilities Qualifications & Experience HIGH POINT POLICE HEADQUARTERS HIGH POINT, NC Modern facility transformed from a former bank building into state-of- the-art police headquarters. The design marks a significant upgrade from previous converted elementary school location used since 1985. Includes communications center, featuring repurposed teller stations as Sergeant’s desks. K-9 wash area, emergency generator with ATS system, and three apparatus bays with decontamination zones and gear storage. Facility provides comprehensive living amenities including sleeping quarters, fitness room, gender-specific locker rooms, kitchen, and communal areas. PROJECT DELIVERYCM@Risk YEAR COMPLETED2021 SIZE89,500 SF OWNER REFERENCETim McKinney,Facility Services Director, City of High Point timm@tmmallc.com336.883.3111 ARCHITECT REFERENCEJohn Crawford, Principal, Creech & Associates,jcrawford@creech-design.com704.376.6000 ORIGINAL/ FINAL GMP$19,299,560 / $19,436,830Due to added scope byowner and metal panelfabrication delays due toCOVID related impact tomanufacturing CM PRECON. FEELump sum - No % based fee CONSTRUCTION FEES4.5% GENERAL CONDITIONS4.57% CHANGE ORDERS9 change orders totaling $135,622 CONTINGENCIES1.36% CM CONTINGENCY USED$263,933 - 100% used ORIGINAL/ACTUAL TIMELINE448 days / 552 days - Owner added scope and COVID-related delays KEY PERSONNEL Brian Lambert, Sr. PM Travis McDonald, Asst. Superintendent MWBE PARTICIPATION16% ADMINISTERING OFFICEGreensboro PRECON. SERVICESPrecon MgmtProj Dev/DesignValue AnalysisPrecon ScheduleConstructability ReviewCost ModelingContract Docs CoordGMP ConstContingency DevTrade Contractor Prequal CONST. SERVICESProj Schedule DevValue Analysis (RFIs/Subst)Cost Control MgmtTrade Contractor MgmtShop Drawing Rev/ProcProj Control/StaffingOn-Site Coord/MgmtProj MeetingsQuality Control/InspectionsProj Safety (No Lost Time)Contractor ReportingContract Close-Out 5.A.-Q. / PROJECT EXPERIENCE Docusign Envelope ID: F9219C15-7734-8BC1-823F-A09B8D5DB43E SAMET / 10RFQ 367-OC5466 / The Renovation & Construction of Sheriff’s Office Facilities Qualifications & Experience REFERENCE LETTER HIGH POINT POLICE DEPARTMENT KENNETH J. SHULT Z Chief of Police PHONE (336) 887-7970 FAX (336) 887-7949 TDD (336) 883-8517 High Point Police Department April 20, 2020 Re: LETTER OF RECOMMENDATION Please accept this letter as a positive reference for Samet Corporation. It is being provided to highlight the high level of expertise they bring to construction projects, as well the equally high-quality work product they produce. Over the past few years, I have worked with and around members of their staff on two large projects for the City of High Point. The first project was the construction of the High Point Rockers Stadium. While I did not have a direct role in this project, being part of the senior management for our City, I was kept aware of progress and interactions with the company, all of which always remained positive. On the occasions I was able to work directly with them due to an overlap in areas of responsibility, I found them very responsive and entirely focused on ensuring that they met our expectations. Upon completion of the Stadium, I have been exceptionally pleased with the quality of the construction. Subsequently, their success with our Stadium project contributed strongly to Samet Corporation being hired on to complete our current project for our new Police Headquarters building. This project consists of both, new construction and refurbishing of an existing building at 1730 Westchester Drive. While I am not always involved in day to day operations with them, I have enjoyed a very active partnership throughout the initial planning and now into the construction phase of their work. To date, I continue to remain equally pleased with their performance as well as their progress. They continue to provide professional interaction and demonstrate their strong ability to oversee the many facets involved in such a large project. They remain responsive, well organized and extremely suited for working through the unique requirements associated with a municipal project. I currently look forward to the timely completion of this project and have not doubts that we will be extremely pleased with their work. Because of this, I strongly recommend them to others who are considering similar construction. Kenneth J. Shultz Chief of Police, High Point Police Department 1009 LeonardAvenue • High Point, North Carolina 27260 www.highpointnc.gov/police Docusign Envelope ID: F9219C15-7734-8BC1-823F-A09B8D5DB43E SAMET / 11RFQ 367-OC5466 / The Renovation & Construction of Sheriff’s Office Facilities Qualifications & Experience FORSYTH COUNTY COURTHOUSE WINSTON SALEM, NC Samet delivered a new 250,679 SF courthouse for Forsyth County, 50% larger than its predecessor. The project incorporated the addition of 18 advanced judicial spaces, including courtrooms and hearing rooms, specifically designed to ensure a streamlined working environment for staff and visitors alike. We made it a priority to create a high-security environment through comprehensive checkpoints, card access systems, and innovative surveillance tools. Furthermore, the renovation saw the inclusion of a unique design element: an underground tunnel to facilitate the safe and secure transport of inmates from the Forsyth County Jail. With these upgrades, the Forsyth County Courthouse is not only geared toward efficiency but also towards providing a space that is safe, secure, and convenient for all its users. PROJECT DELIVERYCM@Risk YEAR COMPLETED2023 SIZE250,679 SF OWNER REFERENCEJames AndersonDesign & Construction Manager Forsyth County704-796-1329andersja@forsyth.cc ARCHITECT REFERENCEJohn Drinkard, Principal, CJMW Architecture, john.drinkard@cjmw.com336.724.1503 ORIGINAL/ FINAL GMP$100,856,362 / $83,000,000 - Savings found at bid opening PRECON. FEESN/A CONSTRUCTION FEESN/A GENERAL CONDITIONSN/A CHANGE ORDERSZero cost change order except final deduct to owner CONTINGENCIESN/A CM CONTINGENCY USEDN/A ORIGINAL/ACTUAL TIMELINE793 days / 960 days 160 days added due to design team permit delays and owner-requested scope changes KEY PERSONNELTim Virostek, PM Dale Bullard, Superintendent Mitchell Sisco, Superintendent MWBE PARTICIPATION25% ADMINISTERING OFFICEGreensboro 2023 ABC Carolinas Excellence in Construction Eagle Award PRECON. SERVICESPrecon MgmtProj Dev/DesignValue AnalysisPrecon ScheduleConstructability ReviewCost ModelingContract Docs CoordGMP ConstContingency DevTrade Contractor Prequal CONST. SERVICESProj Schedule DevValue Analysis (RFIs/Subst)Cost Control MgmtTrade Contractor MgmtShop Drawing Rev/ProcProj Control/StaffingOn-Site Coord/MgmtProj MeetingsQuality Control/InspectionsProj Safety (No Lost Time)Contractor ReportingContract Close-Out Docusign Envelope ID: F9219C15-7734-8BC1-823F-A09B8D5DB43E SAMET / 12RFQ 367-OC5466 / The Renovation & Construction of Sheriff’s Office Facilities Qualifications & Experience REFERENCE LETTER COUNTY OF FORSYTH Docusign Envelope ID: F9219C15-7734-8BC1-823F-A09B8D5DB43E SAMET / 13RFQ 367-OC5466 / The Renovation & Construction of Sheriff’s Office Facilities Qualifications & Experience GREENSBORO POLICE HEADQUARTERS RENOVATION GREENSBORO, NC The Greensboro Police Headquarters Renovations project involves renovating 14,727 square feet of currently vacant space at the existing Police Headquarters. This City-owned facility will be transformed to house essential Police Operations divisions, including a Real-Time Intelligence Center, media/interview rooms, and open office areas. PROJECT DELIVERYCM@Risk SIZE14,727 SF YEAR COMPLETEDIn Construction OWNER REFERENCEShawna Tillery, Plannig & Project Dev. Division Mgr., City of Greensboro, PO Box 3161Greensboro, NC 27402 shawna.tillery@greensboro-nc.gov336.373.7808 ARCHITECT REFERENCEEmily Hinton, Principal, Lindsey Architecture, 1100 Revolution Mill Dr #10, Greensboro, NC 27405emily@lindseyarch.com336.617.4402 ORIGINAL/ FINAL GMP$3,139,537 / In construction PRECON FEE2.06% CONSTRUCTION FEE6% GENERAL CONDITIONS9.4% CHANGE ORDERS7 total at $105,329 CONTINGENCIES3.1% CM CONTINGENCY USED82% so far ORIGINAL/ACTUAL TIMELINE186 days / 186 days KEY PERSONNELJohn Barrow, PM, Justin Venable, Superintendent MWBE PARTICIPATION35% Goal, Still in construction ADMINISTERING OFFICEGreensboro PRECON. SERVICESPrecon MgmtProj Dev/DesignValue AnalysisPrecon ScheduleConstructability ReviewCost ModelingContract Docs CoordGMP ConstContingency DevTrade Contractor Prequal CONST. SERVICESProj Schedule DevValue Analysis (RFIs/Subst)Cost Control MgmtTrade Contractor MgmtShop Drawing Rev/ProcProj Control/StaffingOn-Site Coord/MgmtProj MeetingsQuality Control/InspectionsProj Safety (No Lost Time)Contractor ReportingContract Close-Out Docusign Envelope ID: F9219C15-7734-8BC1-823F-A09B8D5DB43E SAMET / 14RFQ 367-OC5466 / The Renovation & Construction of Sheriff’s Office Facilities Qualifications & Experience PROJECT DELIVERYDesign-Build SIZE5,427 SF / 2,617 SF renovation / 2,630 SF addition YEAR COMPLETED2023 OWNER REFERENCEBoiling Spring Lakes, City of Boiling Spring Lakes 910.363.0025 ARCHITECT REFERENCEBrian Hollars, Owner, Studio Three Architects, 321 N. Front St., Wilmington, NC 28401brian@s3architects.com910.269.3024 ORIGINAL/ FINAL GMP$1,520,948 / $1,545,421 PRECON. FEE1.5% CONSTRUCTION FEE5% GENERAL CONDITIONS13.6% CHANGE ORDERS3 change orders totaling $24,473 CONTINGENCIES$161,126 in construction contingency CM CONTINGENCY USED$161,126 ORIGINAL/ACTUAL TIMELINE267 days / 267 days KEY PERSONNELDaniel Crowder, Asst. Superintendent, Seth Crawley, Asst. PM MWBE PARTICIPATION16.04% ADMINISTERING OFFICEWilmington BOILING SPRING LAKES POLICE DEPARTMENT RENO. SOUTHPORT, NC The city purchased an existing 2,617 SF one-story building requiring Samet’s help to transform the former bank/office into a modern facility fit for a police department. The renovation included the addition of a public entrance with a covered entryway, lobby, accessible restrooms, and secure access to the receptionist and conference room. The design features separate secure entrances for staff and on-duty officers and additional office spaces. Key interior upgrades include secure evidence processing and storage spaces, locker rooms, restrooms, showers, a break room with a kitchenette, and emergency power provisions during natural disasters. PRECON. SERVICESPrecon MgmtProj Dev/DesignValue AnalysisPrecon ScheduleConstructability ReviewCost ModelingContract Docs CoordGMP ConstContingency DevTrade Contractor Prequal CONST. SERVICESProj Schedule DevValue Analysis (RFIs/Subst)Cost Control MgmtTrade Contractor MgmtShop Drawing Rev/ProcProj Control/StaffingOn-Site Coord/MgmtProj MeetingsQuality Control/InspectionsProj Safety (No Lost Time)Contractor ReportingContract Close-Out Docusign Envelope ID: F9219C15-7734-8BC1-823F-A09B8D5DB43E SAMET / 15RFQ 367-OC5466 / The Renovation & Construction of Sheriff’s Office Facilities Qualifications & Experience ALAMANCE COMMUNITY COLLEGE PUBLIC SAFETY TRAINING CENTER GRAHAM, NC The new Training Center is constructed to house instructional programs, both curriculum and continuing education, for students pursuing credentials and careers in public safety and public service, and in-service training for professionals already employed in these occupations. The two facilities in this project will include a classroom building and a firing range building. These will allow ACC to offer: Indoor Rifle & Handgun ranges, Firearms Training Simulator Space, Outdoor Driving Pad , Overview Tower, Four-Story Fire Training Tower, Class A Burn Building, Class B Burn Pit, Classroom/Lab Space, Police Officer Physical Abilities Test (POPAT) area, Weapons Cleaning/Repair Room, Ammunition Storage Room. PROJECT DELIVERYCM@RISK SIZE15,000 SF YEAR COMPLETED2025 OWNER REFERENCEThomas Hartman, Associate VP of Administrative Services & Facilities Alamance, Community College, 1247 Jimmie Kerr Rd., Graham, NC 27253thomas.hartman@alamancecc edu336.578.2002 ARCHITECT REFERENCEStephen Clark, Contractor Administrator, Moseley Architects, 911 N. West St., Suite 205, Raleigh, NC 27603sclark@monseleyarchitects.com336.588.6005 ORIGINAL/ FINAL GMP$13,972,049 / $20,667,365 PRECON. FEE0.971% CONSTRUCTION FEE2.6% GENERAL CONDITIONS6% CHANGE ORDERS8 totaling $7,700,498 CONTINGENCIES1.7% CM CONTINGENCY USED100% ORIGINAL/ACTUAL TIMELINE KEY PERSONNELBrandon Anderson, PMTravis McDonald, Superintendent MWBE PARTICIPATION12.28% ADMINISTERING OFFICEGreensboro PRECON. SERVICESPrecon MgmtProj Dev/DesignValue AnalysisPrecon ScheduleConstructability ReviewCost ModelingContract Docs CoordGMP ConstContingency DevTrade Contractor Prequal CONST. SERVICESProj Schedule DevValue Analysis (RFIs/Subst)Cost Control MgmtTrade Contractor MgmtShop Drawing Rev/ProcProj Control/StaffingOn-Site Coord/MgmtProj MeetingsQuality Control/InspectionsProj Safety (No Lost Time)Contractor ReportingContract Close-Out Docusign Envelope ID: F9219C15-7734-8BC1-823F-A09B8D5DB43E SAMET / 16RFQ 367-OC5466 / The Renovation & Construction of Sheriff’s Office Facilities Qualifications & Experience 6 / STAFFING RESOURCES PROPOSING OFFICE PROJECT EXECUTIVES PROJECT MANAGERS PRECONSTRUCTION TEAM Senior oversight and client relations Project oversight and coordination Planning and value engineering specialists Proven capacity for multi-site management Technical expertise for HVAC and roofing systems Design coordination and technical support 2 19 6 19 5 6SUPERINTENDENTSFIELD ENGINEERS PROJECT ENGINEERS 7. / FINANCIAL STABILITY & 8. / LEGAL HISTORY INCLUDED IN SUPPLEMENTAL PACKAGE Docusign Envelope ID: F9219C15-7734-8BC1-823F-A09B8D5DB43E SAMET / 17RFQ 367-OC5466 / The Renovation & Construction of Sheriff’s Office Facilities Qualifications & Experience 9 / INFORMATION ON THE PROPOSED PROJECT TEAM 9.A. / ORGANIZATIONAL CHART Tyler Kelley Senior Vice President Sara Taylor Preconstruction Project Manager Executive Management David Bascom Project Executive PROJECT MANAGEMENT FIELD MANAGEMENT PRECONSTRUCTION 9.B. / RESUMES ARE INCLUDED IN THE SUPPLEMENTAL PACKAGE WITH FINANCIAL AND LEGAL HISTORY INFORMATION. Brian Lambert Project Manager Cody Hall Project Engineer Travis McDonald Project Superintendent The identified personnel will be committed to this project for its duration in accordance with the RFQ schedule. Samet Corporation will provide written notification to the Owner of any proposed personnel changes requiring approval, subject to unforeseen circumstances beyond our control. 9.C. / CONFIRMATION LETTER Tyler Kelley / Senior Vice President Law Enforcement Experience= Docusign Envelope ID: F9219C15-7734-8BC1-823F-A09B8D5DB43E SAMET / 18RFQ 367-OC5466 / The Renovation & Construction of Sheriff’s Office Facilities Qualifications & Experience Early Integration We work closely with the design team during schematic and design development phases to identify credits that align with the project’s goals and budget. This proactive approach minimizes redesign and avoids costly late-stage changes. Target Value Design For each major building system—HVAC, envelope, lighting—we evaluate options that contribute to LEED points while balancing first cost and life-cycle performance. This includes analyzing energy efficiency measures, water-saving fixtures, and material selections. Market Intelligence We leverage current pricing data and trade partner input to estimate cost impacts of sustainable features. For example, high-efficiency mechanical systems or low-VOC materials often carry modest premiums, while renewable energy systems can represent a larger investment. Collaborative Decision-Making Instead of presenting sustainability as a fixed cost, we provide owners with a menu of strategies, each with estimated cost implications and operational benefits. This allows informed decisions about which certification level—Certified, Silver, Gold, or Platinum—offers the best value. OUR APPROACH TO COST EVALUATION PROJECT PURSUED LEVEL LEVEL ACHIEVED Life Community Church Certified Certified BD Diagnostics - TriPath Gold Gold JSNN Construction Certified Gold Tower Village II Silver Silver Greensboro Ballpark Silver Silver Shops @ Southline Silver Silver HPU Student Exemplorary Cntr Silver Silver Elon - Administration Bldg Silver Silver McEwen DiningHall Silver Silver BD Expansion Silver Certified Silver LiNK Montford Phase 2 NGBS Bronze NGBS Bronze LoSo Village NAHB Silver NAHB Silver Elon Engineering Bldg Gold Gold Amgen Fit Up Gold Gold Ferguson Raleigh Ship Hub Silver Silver VA Fayetteville Project Certified Silver CDI Construction Phase Certified Silver WSSU DJR SAC Const Gold Gold GTCC Cameron Campus Silver Silver UNCG Spartan Village Ph 1 Con Silver Silver Profess & Comm Ed. Center Gold Gold 10 / LEED PROJECTS OBSERVED COST PREMIUM RANGES Based on industry benchmarks and our project experience, cost premiums for LEED certification typically range from 1% to 5% of total construction cost, depending on the targeted level and complexity of the project. Projects aiming for LEED Silver often achieve certification with minimal premium when sustainable practices are integrated early, while Gold or Platinum levels may require additional investment in advanced systems or renewable energy. Docusign Envelope ID: F9219C15-7734-8BC1-823F-A09B8D5DB43E PROJECT APPROACH B Docusign Envelope ID: F9219C15-7734-8BC1-823F-A09B8D5DB43E SAMET / 19RFQ 367-OC5466 / The Renovation & Construction of Sheriff’s Office Facilities Project Approach B. PROJECT APPROACH B.1. / PROJECT PLANNING - OUR CMAR METHODOLOGY CMAR UNDERSTANDING Samet has extensive experience with the Construction Manager at Risk (CMAR) delivery method, serving as a trusted advisor and partner from conceptual planning through construction completion. The CMAR approach allows us to join Orange County’s team early, providing critical preconstruction services that establish realistic budgets, identify constructability issues, and develop comprehensive schedules before construction documents are finalized. This early involvement enables collaboration with the design team to deliver maximum value while maintaining the County’s vision and budget integrity. Our process is built on transparency. We provide ongoing cost estimates and constructability reviews at each design milestone, giving the County full budget visibility to make informed decisions. Throughout preconstruction and construction, we maintain continuous owner interaction. This consistent communication ensures alignment, builds trust, and positions Orange County to make timely decisions that keep the project on schedule and within budget. Our Raleigh-based team understands that CMAR requires a contractor who acts as a true partner, prioritizing the owner’s goals above all else. VALUE ENGINEERING At Samet, our value engineering process begins during preconstruction and continues through construction completion. We focus on optimizing value while maintaining the project’s integrity and Samets vision for the renovation and construction of the Sheriff’s Office Facilities Project. 1. Identify Alternate Systems, Details, and Materials: Assess various construction systems, design details, and materials concerning both cost and performance over the life of the building. 2. Collaborate with Project Stakeholders: Collaborate with project stakeholders throughout each phase to identify cost-saving opportunities, enhance life cycle costs, and make budget-conscious improvements. 3. Track Value Engineering Options: Keep a detailed record of Value Engineering Options in the Cost Management Log (CML) to track proposed changes and assess their cost impact and feasibility. 4. Achieve Maximum Savings for the Owner: Consistently apply Value Engineering to save owners 1%-5% of the project cost without compromising building quality or functionality, ensuring maximum project savings. Conceptual Plan & Budget SchematicDesign ConstructionDocumentsDesignDevelopment Construction PROJECT MEETINGS WITH ARCHITECTS & ORANGE COUNTY Determine bldg. Types, Floor Plate & Massing Early site analysis& Geotech Develop conceptual estimate & verify alignment of scope budget & financing Owner approves initial plan & budget 25-30% building design SD estimate produced & VE as needed Owner approves design and budget 60% Building Design Initial Review with building dept. Constructability review Schedule QA/QC & safety plan development DD estimate produced & VE as needed Complete Construction Documents Permitting Develop GMP, final VE & alternates decisions Owner approves design & final GMP Weekly/bi-weekly meetings with owner and stakeholders Bi-monthly updates and monthly reports to owner Construction administration, pay apps, RFIs Docusign Envelope ID: F9219C15-7734-8BC1-823F-A09B8D5DB43E SAMET / 20RFQ 367-OC5466 / The Renovation & Construction of Sheriff’s Office Facilities Project Approach CONSTRUCTABILITY Samet’s goal is to review, identify and mitigate as many of the potential constructability issues before the documents are finalized. When constructability issues are identified once a project is in the field, we take a comprehensive TEAM approach in reaching a resolution that protects the projects schedule and avoids additional costs to the Owner. Samet brings years of construction experience and countless “lessons learned” from past projects to the table before documents are finalized. We bring 3D knowledge and experience to the 2D drawings. A 2D detail or elevation doesn’t show if something can actually be built in the field, but our experienced builders can. “Samet has provided the most thorough set of review comments on our design documents that I have ever seen. It is refreshing to see a Contractor care as much as they do to get the details right on the front end of the project.” Careful planning and crafting of detailed, project- specific scopes of work ensures all aspects of the work are covered on bid day and scope gaps are eliminated prior to subcontract award. ESTIMATING THE SAMET WAY Below we describe the milestone estimating process. Here are some differentiators of the Samet Estimating approach that separate us from the competition: Continuous Engagement & Cost Updates Although we deliver milestone estimate packages at the prescribed stages, the Samet team goes above-and-beyond by staying engaged in the design progression meetings and scope decision-making processes in between design milestones. We “ride along” throughout the design process to offer input, suggestions, constructability advice, and critically, to maintain an updated / real-time cost estimate, so the overall team is never left guessing about where the number is at and how it compares to the budget. Detail from Day 1 Our experience and seasoned group of in-house estimators gives Samet the advantage of knowing where the design is heading before it gets put on paper, so we apply our knowledge to the benefit of our customer by developing a detailed estimate (e.g. 10-12 pages of detail) from the Schematic Stage, where others will not develop the detail until well into Design Development. More detail at an earlier stage drives better dialogue among all partners, allowing for informed scope and value decisions months earlier in the design process. Thoughtful Layout & Breakdowns for Maximum Analysis We work with each client and design team at the outset of our work to set the estimate layout up and break scope down as the team desires, not just how we always do it. Our Estimate setups offer great flexibility and maximum opportunity for analysis. Whereas most CMs offer one method of scope breakdown, we gladly provide estimates broken down by Area (e.g. Energy Plant, Educational Space, Site/Exteriors or other desired breakdown), by CSI/ Specifications, by UniFormat/Systems, and by Bid Packaging all in a single, clear, concise estimate layout. The estimate can easily be re-organized to help tackle the challenge of the day as we proceed together through the design progression. QUALITY CONTROL Samet’s Quality Control Program is developed and organized around the “5 Never Fails.” This system breaks down the QA/QC program into the key elements of a construction process so they can each be methodically managed utilizing the existing PM tools we have on board. FACTOR III / SECTION A Docusign Envelope ID: F9219C15-7734-8BC1-823F-A09B8D5DB43E SAMET / 21RFQ 367-OC5466 / The Renovation & Construction of Sheriff’s Office Facilities Project Approach For each of these groups, the QA/QC program identifies all the required documentation, material verification, inspections, and testing required to ensure our Owner’s project meets the applicable standards. Elements of our QA/QC program would include: o Ensure Submittals meet the Specifications and Documentations. o Holding a Pre-installation meeting to discuss quality expectations and define inspections/testing for each trade scope. This should include the O/A/E when appropriate. o Use of mockups as appropriate or required. o Inspect/Verify material and equipment when arriving on site, documented in ProCore. o Inspection of 1st instance of installation and ongoing inspections as agreed/required, documented in ProCore. o Material and Performance testing as required, documented in ProCore. o Progress Photos - Includes pre-coverup photos / videos. o As-Built Drawings All QA/QC related elements are fully documented in Procore for the project team to review. Inspection results, observations, and non-conformances are assigned to the relevant trade. Each trade must make corrections and upload photographs to the extent applicable, documenting the correction was made and this is in turn verified by Samet. We encourage all designers, engineers, owners, and third party inspectors to utilize Procore for logging quality concerns or issues, resulting in a comprehensive documented verification that no QA/QC concerns are left unresolved. This also allows the Project Team to easily review and consider if assessment against a specific trade contractor’s pay app is appropriate based on their attentiveness to quality management. Samet is committed to building Quality Management into every step of our process and ensuring Orange County receives a building without quality issues when complete. Water Intrusion is a critical component of the Quality Management process. The management of it is unique and utilizes a holistic review of those systems to ensure we have a dry building when complete. Samet will buyout all the skin related trades early with a heavy push to get all submittal data and drawings to the design team for review. We then schedule a “Building Envelope” review meeting including all affected trade contractors, the architect, any envelope consultants, and the Owner’s facilities management if they desire to participate. During this review meeting, the exterior of the building is methodically reviewed from the ground up, looking at all transitions between elements, flashing details, windows, doors, air and vapor barriers, waterproofing, caulks, roofing systems, penetrations etc. Each transition is reviewed in context of the shop drawings and trades involved: o All parties involved in a dry building can speak to their area of expertise to resolve detailing issues and ensure compatibility. o We find missing details before construction begins. o All trades have a voice, and concerns aren’t missed when being addressed. o RFIs are created with proposed answers to document changes or needed details. Additionally Samet ensures ALL building elevations are inspected, verified, and documented to be correct at each successive “layering” of waterproofing trade. Each system is verified once complete and prior to coverup. We also discuss with our designers and trade partners where water testing is prudent to ensure systems are acting as they are intended. SCHEDULE Samet uses Primavera P6 for all project scheduling and utilizes in house scheduling experts. Our Raleigh region scheduler and will develop a fully detailed and phased construction schedule during the bidding process. Upon project award and buyout, the scheduler will meet with the Senior Super and key trade contractors to make final adjustments within the allotted timeline to produce a final official project schedule. We will visit the project site twice a month to update the project schedule with the field team, and those updates will be included with the project reporting discussed elsewhere. Any subs who are falling behind will be noted and an action plan developed for recovery. Docusign Envelope ID: F9219C15-7734-8BC1-823F-A09B8D5DB43E SAMET / 22RFQ 367-OC5466 / The Renovation & Construction of Sheriff’s Office Facilities Project Approach The field team uses the Project Master Schedule to develop 3 week look ahead schedules for management of near term goals with the subs on site while using the Master schedule for planning of material and labor needs that are further out. TRACKING AND REPORTING Samet believes in providing a meaningful summary of the information all stakeholders are interested in on a regular basis. The exact content and format is catered to each project, and depending on the project’s needs this is typically month or bi-monthly and may include any/all of the following information to be presented in a concise and easy to understand format: o Project Progress in the last period, Report on weather impacts and overall Schedule update. o Report on Project Documentation Submitted (Submittals and RFI’s), including items due from the Subs, Samet, designer, or owner. o Summary report of any potential cost issues that would affect the Owner’s budget (IE Changes). o Summary report of open/closed QA/QC inspection items. o Summary report on weather impacts incurred within that calendar month. o Risks and Opportunities for the project. Docusign Envelope ID: F9219C15-7734-8BC1-823F-A09B8D5DB43E SAMET / 23RFQ 367-OC5466 / The Renovation & Construction of Sheriff’s Office Facilities Project Approach B.2. / MWBE PARTICIPATION PROGRAM We embrace the principles of diversity and inclusivity as essential drivers of success. Our comprehensive plan for Minority and Women-Owned Business Enterprise (MWBE) and HUB participation in this project reflects our commitment to fostering equitable opportunities within our community. With a clear vision and a set of program objectives, we aim to not only meet your goal but exceed it. Capture interest by publicly reaching out to capable minority and woman owned firms in the community to inform them about opportunities to participate in this project. Offer our experience and knowledge by providing training, networking opportunities, and assistance with the completion of our subcontractor/supplier prequalification process. Structure specific bid packages with reduced financial and bonding requirements in order to maximize MWBE participation. Track and assist targeted MWBE firms from the time of identification through the bidding process in order to ensure a successful bid response for this project. Offer follow up project management assistance to MWBE firms who are successfully awarded subcontracts to participate in this project. Take all reasonable measures to ensure that MWBE participation in this project exceeds our stated goal. Samet’s MWBE goal for this project is Docusign Envelope ID: F9219C15-7734-8BC1-823F-A09B8D5DB43E SAMET / 24RFQ 367-OC5466 / The Renovation & Construction of Sheriff’s Office Facilities Project Approach MWBE STRATEGIES FOR SUCCESS Samet commits to maximizing Minority Business participation through a strategic three-phase approach encompassing Diverse Exposure, Access, and Development. In adherence to owner’s contracts governing historically underutilized business involvement in construction projects. PHASE ONE / EXPOSURE Samet believes that sharing project details and timelines with MWBE firms increases outreach and enhances their participation in community construction projects. o Collaborative Research & Investigation of MWBE Market o Active recruitment of MWBE firms for the project through tailored outreach. o Advertise with newspapers, Diversity Liaisons, Minority Contractors, Resource Center, Minority Contractors Association, Building Connected, Trade Groups, local city Plan Rooms. PHASE THREE / DEVELOPMENT Samet extends support beyond subcontracting with MWBEs. Initiatives like Mentor Minority Subcontractor Partnerships and a targeted Business Educational Program provide strategic guidance, industry education, and business development support, fostering holistic empowerment and growth for diverse certified firms. These measures, specific to each project, enable Samet to gain insights into barriers and additional programming needs for the diverse business community. PHASE TWO / ACCESS Samet understands the barriers that minority and women owned firms face in the prequalification and bidding process. Our team commits to supporting MWBE firms during these processes to ensure their access to fair opportunity. o Host preconstruction contractor’s college for project insight o Provide technical assistance and guide through bid opening requirements o Discuss subcontractor payment and cash flow needs o Offer one-on-one assistance in completing prequalification forms o Facilitate partnerships between first-tier prime subcontractors and MWBE second-tier firms o Enforce MWBE Participation guidelines at bid opening and proposal review o Tailor bid packages to maximize participation of available MWBE firms Docusign Envelope ID: F9219C15-7734-8BC1-823F-A09B8D5DB43E SAMET / 25RFQ 367-OC5466 / The Renovation & Construction of Sheriff’s Office Facilities Project Approach EXCEEDING MWBE GOALS THROUGH PROVEN OUTREACH AND DEDICATED PARTNERSHIP. MWBE MANAGEMENT STRATEGY o Implement extensive outreach to qualified MWBE contractors and vendors o Document and monitor all local and MWBE participation throughout the project lifecycle o Require monthly progress summaries with payment requests from all subcontractors o Prepare detailed reports demonstrating local and MWBE participation for each bid package o Maintain thorough documentation to support compliance with local and MWBE policies MWBE/HUB TOTALS FROM REPRESENTATIVE CURRENT AND PREVIOUS PROJECTS OWNER PROJECT VALUE (at time of Construction) PROJECT TYPE MWBE GOAL ACHIEVED City of Greensboro $6.52M New Fire Station #56 43.4% City of Greensboro $8.29M Fire Station #7 / New 36% City of High Point $36M Baseball Park / New 20% Dept. of Veterans Affairs $97.8M VA Healthcare Center 34.5% Forsyth County $83.6M County Courthouse / New 25% Guilford County Schools $15.7M Simkins Elem. / Replacement 56% Guilford County Schools $34M Western Guilford MS / Replacement 34% Guilford County $15M Behavioral Health Center Bid Package 1 37% Guilford Tech Community College $32.0M Satellite Campus / New 32% Wake County Public School System $5.5M STEM Early College / Reno 28% Winston-Salem State University $25.5M DJR Student Activities Center 32% UNC-Greensboro $48.0M Spartan Village Residence Halls - 4 Buildings 31.5% Our track record demonstrates consistent success in exceeding MWBE goals across similar public projects. We will implement our comprehensive MWBE program for the Orange County Project with the same dedication and attention to detail. SAMET’S FIVE MOST SUCCESSFUL MWBE PROJECTS PROJECT NAME PROJECT VALUE MWBE GOAL%FINAL MWBE % Guilford County Schools Professional and Community Education Center $37.9M 10%48.7% Forsyth County Couthouse $83.6M 10%25% Greensboro Fire Station #56 $6.52M 10%43.4% GCS Simkins Elementary School $15.7M 10%56% VA Healthcare Center $97.8 10%34.5% Docusign Envelope ID: F9219C15-7734-8BC1-823F-A09B8D5DB43E SAMET / 26RFQ 367-OC5466 / The Renovation & Construction of Sheriff’s Office Facilities Project Approach Samet Corporation recognizes that Orange County’s investment in the Sheriff’s Office renovation and evidence storage facility is not only about delivering a high-quality project—it is also about creating economic opportunities for the local community. Our approach to subcontractor engagement is designed to achieve both objectives by combining proactive outreach, strategic bid packaging, and capacity- building initiatives that ensure robust participation from local firms and Historically Underutilized Businesses (HUB/MWBE). Early and Targeted Outreach From day one, Samet will launch a comprehensive outreach program to inform local trade contractors and suppliers about upcoming opportunities. This includes: o Hosting pre-bid information sessions and MWBE outreach events in Orange County to explain project scope, schedule, and requirements. o Advertising bid opportunities in local plan rooms, trade publications, and minority contractor networks. o Leveraging our extensive database of regional trade partners and our relationships with local chambers and contractor associations to maximize awareness. Strategic Bid Package Design We will unbundle bid packages into smaller, manageable scopes to allow small and emerging businesses to compete effectively. This approach reduces bonding and financial barriers and creates opportunities for firms that might otherwise be excluded from large-scale projects. For specialized work, we combine scopes where single-source coordination adds value, balancing accessibility with efficiency. Prequalification and Technical Support Samet uses a State Construction Office-approved prequalification process to ensure quality and safety while maintaining inclusivity. We also provide technical assistance through our Contractor’s College program, offering guidance on bid preparation, compliance requirements, and cash flow management. These efforts help local firms navigate public procurement and position them for success. Mentorship and MWBE Partnerships To strengthen Orange County’s HUB participation goals, Samet fosters mentor-protégé relationships between experienced prime subcontractors and MWBE firms. We encourage joint ventures and second-tier partnerships, ensuring meaningful participation beyond token compliance. Our proven track record includes MWBE participation rates exceeding 40% on similar public projects. Operational Excellence and Trust Subcontractors choose to work with Samet because of our reputation for on-time payment, fair dealings, and clear communication. We maintain transparent processes, realistic schedules, and responsive project management—factors that build trust and encourage repeat engagement. Results You Can Count On Our approach consistently delivers three to four competitive bids per trade package, ensuring cost control and reducing risk. For Orange County, this means: o Competitive pricing validated against GMP estimates. o Strong MWBE participation aligned with County goals. o Economic benefits that stay within the local community. Commitment to Orange County With an office in Raleigh and deep experience in the Triangle region, Samet brings local insight backed by scalable resources. We understand Orange County’s permitting processes, maintain relationships with local inspectors, and have successfully delivered complex public projects under similar conditions. B.3. / MAXIMIZING LOCAL TRADE CONTRACTOR AND SUPPLIER INVOLVEMENT Docusign Envelope ID: F9219C15-7734-8BC1-823F-A09B8D5DB43E SAMET / 27RFQ 367-OC5466 / The Renovation & Construction of Sheriff’s Office Facilities Project Approach OVERVIEW To ensure a seamless transition from the project’s design phases to the construction phase, we will utilize BIM as a tool to build, analyze, and resolve construction issues in a digital environment prior to actual construction. The ability to work in a digital environment allows for flexibility in information exchange and promotes better communication among the project team. As a collaborative tool, the BIM process requires strong oversight and management to ensure that all stakeholders are on-board. BIM is based on a culture of sharing and retaining knowledge throughout the process. Various technologies are available to the design community; Samet uses AutoDesk Revit technology as a platform, and Navisworks for clash detection and collaboration with other model formats. Samet can help maximize these benefits through oversight and management of the BIM process. We obtain the best value of using this technology when incorporated early in our projects, and to help facilitate the process we use a collaborative approach. Should the project team determine that BIM is an appropriate tool for your project, we would employ a three-step approach: 1. Establish Expectations The BIM Model is an important collaborative tool for the design and execution of the project. The first step in managing this process is to determine what the team wishes to achieve through the use of the model. The team must identify the design and detailing functions to be performed and determine which elements can be professionally and economically accomplished at all levels, from the architect through the subcontractors and suppliers. Legal issues and obligations, such as who owns the model, information management, and allocation of risk must be addressed at this early stage. Samet will lead these discovery sessions, document the outcome, and follow through by implementing the results. 2. Virtual Design The architects and design consultants develop the project’s design in three dimensions, as 3D representations of the project’s program. Reports from the database become the primary design tool. The database is accessed graphically, with changes made in one location but reflected in all schedules and graphic views. Graphical representations provide visuals for the team to easily check against design intent and solve technical problems early in the process with improved collaboration between multiple design disciplines. Samet’s preconstruction services are integrated at this stage with constructability analysis, cost estimating, and Value Engineering processes. 3. Clash Detection Samet will run the model through Clash Detection processes, checking for conflicts between systems and ensuring all elements fit within the allotted spaces. Interference Reports clearly show conflicts in the design, allowing early resolution. This is especially helpful in preventing conflicts between structural elements and the Mechanical, Electrical and Plumbing (MEP) and Fire Suppression systems. Design errors and omissions are discovered early, before construction begins, and potential problems are minimized during construction, saving time and money. Input from the major trade subcontractors – mechanical, electrical, plumbing, fire suppression, curtain wall, steel, precast concrete – can be built into the model to improve energy efficiency, find cost savings, or improve the design. B.4. / BUILDING INFORMATION MODELING (BIM) Docusign Envelope ID: F9219C15-7734-8BC1-823F-A09B8D5DB43E SAMET / 28RFQ 367-OC5466 / The Renovation & Construction of Sheriff’s Office Facilities Project Approach Samet embraces the tools now available to the construction industry today. From requesting trade partner bids to final project close out, industry technology is critical to our daily function. As previously stated, Samet uses an online project information and management system that streamlines communication between Samet, the Architect, the Owner and the Trade Partners, allowing everyone ready access to the most current information. Samet uses an online project information and management system that streamlines communication between Samet, the Architect, the Owner and the Trade Partners. Technology in the Field For each major project, Samet field teams are equipped with Apple iPads running a tablet-based version of our project management software. Through a simple and intuitive interface, our project team can document jobsite activities in our database in real time — including RFIs, Notices to Comply, Field Work Directives, Safety Notices, Routine Events, Daily Construction Reports and Punch Lists — in the midst of daily deliveries, communications and construction of work-in-place. Construction Software & Technology o Procore - Project management platform for documents, RFIs, submittals, schedules o Power BI - Microsoft business intelligence for data analytics & dashboards o P6 Scheduling Software - Project scheduling and timeline management o Sage Estimating - Cost estimating software o Bluebeam Studio/Revu - Document markup, constructability reviews, collaboration o On-Screen Take-Off - Quantity takeoff visualization o BUILDR - Warranty management system o Navisworks - BIM clash detection and coordination o Revit - Building Information Modeling platform Specifically for this project Samet may use o Drone 3D modeling with DroneDeploy/Procore integration o Social networking outreach o 360° cameras for virtual tours & documentation o ProCore Software for coordination between Design team and the Owner o iPads with project management software B.5. / PROJECT MANAGEMENT SOFTWARE Docusign Envelope ID: F9219C15-7734-8BC1-823F-A09B8D5DB43E SAMET / 29RFQ 367-OC5466 / The Renovation & Construction of Sheriff’s Office Facilities Project Approach Our primary focus is on leadership strategy and enhancing our safety culture. This is achieved through direct support and interaction between leaders and front-line supervisors. We utilize key performance indicators and metrics analysis, facilitated by Power BI, alongside information sharing across all regions. We ensure early engagement of leadership in planning new work through our Strategic Safe Start Review process and maintain engagement and direct communication with senior management across all regions. We continue to emphasize our safety management system, tools, and performance assessment. AWARDS o Pinnacle Award, a National Safety Excellence Award - ABC (2024) o STEP - ABC Diamond (2024, 2023, 2022, 2021) o NCDOL Gold Safety Award - 21 Consecutive Years (as of 2024) Samet’s EH&S structure is well established in each of our main offices, tailored to their workload and project risk profile. This structure has enabled efficient support and coverage, significantly contributing to meeting and exceeding objectives across various areas. SAFETY SIGNAGE POSTED ON EACH JOB SITE, AS WELL AS SAFETY ORIENTATION. In Procore, the platform we utilize for Safety Management, we improve the quality and participation of our associates in our inspection reports (both weekly and monthly), incident reports (to gather more effective metrics), and our Safety Observation tool. We refresh and significantly enhance the overall engagement and participation of senior leaders in our early Project planning and Risk assessment (Strategic Safe Start Review). We capture Best Practice examples to share with the entire organization and receive positive feedback from enhanced communication. On the metrics side, we improve by analyzing the data collected from our Procore Safety Management (using Power BI) to generate key leading and lagging indicators, enabling us to allocate resources and emphasize programs. We work to elevate the bar on the overall Safe and Health practices in our industry. B.6. / SAFETY PROGRAM We prioritize and facilitate industry engagement across Samet, assigning a safety professional to each region. Expectations include fostering peer-to-peer interactions and receiving support from trade partners on every job site. YEAR EMR # Cases involving Lost Workdays # Recordable Cases # Cases Involving Restricted Activity Total # of Cases Fatalities TRC DART 2026 .48 ——————— 2025 .50 ——————— 2024 .56 0 2 0 2 0 .45 0.00 2023 .61 0 2 2 4 0 .43 .43 2022 .61 0 3 1 3 0 .71 0.00 2021 .63 0 1 0 1 0 .37 0.00 2020 .66 0 2 0 0 0 .78 0.00 Docusign Envelope ID: F9219C15-7734-8BC1-823F-A09B8D5DB43E SAMET / xxxRFQ 367-OC5466 / The Renovation & Construction of Sheriff’s Office Facilities Qualifications & Experience QUESTIONNAIRE C SAMET / xxx25-063 / Georgetown County Emergency Services Building Docusign Envelope ID: F9219C15-7734-8BC1-823F-A09B8D5DB43E SAMET / 30RFQ 367-OC5466 / The Renovation & Construction of Sheriff’s Office Facilities Questionnaire QUESTIONNAIRE 1. What are five major issues to be addressed in constructing a Sheriff’s Office facility? There are several key considerations that we understand come up in the development of a Sheriff’s facility, and Samet is mindful of them as we progress both through design and construction. 1. Security o Perimeter fencing o Access Controls (card reader system at doors) o Bulletproof partitions / glass / etc. at main entry – protect police personnel from public 2. Back-up Power o Generator System – Entire Building o Uninterrupted Power Supplies (UPS’s) for sensitive equipment 3. Evidence Storage – Maintaining Proper Chain of Custody o Evidence Lockers o Refrigerated evidence locker o High density storage o Separate exhaust systems for evidence areas (drug fumes) 4. 911 Call Center o Static dissipative carpet o Raised computer room flooring for 911 console wiring 5. Evidence Processing o Fume Hoods – Including dedicated exhaust and make up air systems o Lab Space / Tables / Casework o Sheet vinyl floor with integral cove base 6. Intake/Processing o Enclosed Sallyport o Fingerprinting / processing area o Holding cells with tamper resistant fixtures o Epoxy floors o Interview rooms with 1 way glass & recording system 2. Provide an overview of your team’s philosophy in the construction of a major public building. There are a few key differences our project team must keep in mind in the management of major public work and ensure the necessary controls are in place to properly manage them. Public buildings often have more complex decision- making processes than private developments. This is driven by multiple stakeholders in a new facility and authority that usually ends up being held by groups rather than individuals. We must have reasonable expectations for navigating that process. Samet works with the project team members to ensure questions are put forward as simple options with pros/cons and costs presented. We know that open ended questions result in open ended answers, not always providing direction we can move forward with. Public business is publicly discoverable and all documentation should be clear if and when visible to the public. We keep this in mind for all documentation and especially with accounting. Public buildings must always have transparent accounting and a clear audit trail and Samet ensures our accounting records will provide the necessary transparency for publicly funded CM at Risk projects. 3. Describe how environmental friendly and energy efficient features were incorporated past similar projects listed in your response. Determining which energy efficient systems are going to be utilized is typically driven by owner preferences and design direction. Samet will very often assist the design team with long term efficiency studies to determine the pay back timeline and true cost of such systems. Examples of this would include: o Installation of energy efficient lighting and digital lighting controls that light balance the building through the course of the day and use cycles to minimize power usage while maintaining adequate lighting levels. o Cost studies for different types of HVAC systems for use in life cycle cost analysis by the EOR o Water reducing pluming system such as waterless urinals, low flow fixtures and dual flush toilets. Samet does incorporate environmentally friendly practices into our operations. o We recycle site materials such as concrete, steel, cardboard, and others when local resources are available. o We use low energy temp lighting. o We source local materials and local fabrication whenever possible and practical as part of the procurement strategy. Docusign Envelope ID: F9219C15-7734-8BC1-823F-A09B8D5DB43E SAMET / 31RFQ 367-OC5466 / The Renovation & Construction of Sheriff’s Office Facilities Questionnaire 4. Describe the team’s approach to maintenance considerations during the design and construction phases of a project. As a Construction Manager, Samet will engage with the facilities group and make sure their long term needs are addressed in the construction process. There are specific areas we focus on that can make a meaningful difference in their long term ability to efficiently and effectively maintain the new facilities: o Ensure the facilities group has an opportunity to review submittals before final equipment is released. o A diligent BIM process with maintenance as a primary focus along with clash detection. We ensure every operable item can be effectively reached for both operation and eventual replacement. o Ensuring the means of access to equipment on a roof or overhead can be reached safely and providing input to the design team so appropriate scope can be bought competitively and not an afterthought. o Ensure our closeout document package is well organized and complete so the facilities team can easily access requirement maintenance information when needed. This includes the maintenance schedules for all equipment provided. 5. Explain the firm’s procedures for document quality control and coordination of the various trades in the review of design documents and specifications. Also, explain the same coordination of trades in the GMP Development and Construction Phase. Design Document Review Phase Samet’s document quality control begins during preconstruction with comprehensive constructability reviews at each design phase. Using Bluebeam Revu, our team systematically examines drawings and specifications, bringing 3D construction knowledge to 2D documents to identify issues before they become problems. We actively engage qualified trade contractors early to provide input on their systems, capturing real-world installation expertise while design decisions can still be incorporated efficiently. A critical coordination tool is our “Building Envelope” review meeting. All review comments are compiled and submitted to MRB Group PC Consulting for incorporation into subsequent design phases. GMP Development Phase During GMP development, we establish clear scope boundaries through detailed, project-specific scopes of work for each bid package. This careful scoping eliminates gaps between trades and prevents costly “I thought they were doing that” issues. We conduct pre-bid conferences to walk through project requirements, answer questions, and ensure all prospective bidders understand both their individual scopes and how their work interfaces with other trades. Construction Phase Once construction begins, trade coordination operates through our “5 Never Fails” quality control program and ProCore project management platform. ProCore serves as the central hub where all trades access current documents, submit shop drawings, respond to inspections, and track coordination issues in real-time. Our coordination procedures include: o Pre-Installation Meetings o Shop Drawing Coordination through ProCore’s submittal tracking system o Progressive Inspection and Documentation where issues are caught and resolved immediately rather than accumulating until closeout. o Systems Coordination particularly critical for emergency services facilities where 911 communications, EOC technology, backup power, and HVAC controls must integrate seamlessly. We coordinate commissioning activities to ensure testing occurs in proper sequence with all affected trades present. o Regular Job Meetings where all trades review upcoming work, identify potential conflicts, and develop resolution strategies, with minutes distributed through ProCore for documentation. 6. Describe procedures you use to review and consider product substitutions. While Samet minimizes substitutions to reduce administrative burden on all stakeholders, we recognize that certain substitutions may benefit the project. Examples of how we categorize and consider these are as follows: o The original product is not available to suit the project schedule: When the specified product cannot meet the project schedule despite early submittal coordination with subcontractors, we evaluate substitutions to maintain the completion date. o Enhanced performance: When the project team identifies an alternative option that has longer, better, or more efficient performance considerations, we present these options to the owner for consideration. Docusign Envelope ID: F9219C15-7734-8BC1-823F-A09B8D5DB43E SAMET / 32RFQ 367-OC5466 / The Renovation & Construction of Sheriff’s Office Facilities Questionnaire o Reduced cost to the Owner: When consideration of an alternate product can bring savings back to the Owner we would bring those to the team for review. o Convenience of the Subcontractor: We ask Subcontractors to bring convenience substitution requests forward during the bidding phase. Subcontractors should not be include alternative products in their bid, making them more competitive, without obtaining approval in advance. We ask and expect our Subcontractors to provide an evaluation of the differences between a substitution and the original specified product. Samet will review this evaluation as any other submittal and consider potential conflicts with other trades. Ultimately we request the Design Team review the substitution and approve as a variance to be compatible with the greater design and design intent. 7. Describe how the team would provide cost management services on this project using the CM at Risk delivery method. How would you reconcile differences between your cost estimates and those prepared by the Design Team? Provide the cost model format used on one of the four similar completed projects listed in your response. Samet will typically produce 3 estimates for the Project based on the documents and information provided by the Design Team. Clarifications and assumptions when appropriate will be itemized in the estimate’s documentation. o Schematic Design Estimate: Produced around 20-30% design, this establishes a baseline Control Budget to be carried through the design process. All future estimates, or pricing exercises will reference back to the Control Budget. If there are any differences between our estimate and the design team estimate they are resolved at this stage and incorporated in the Control Budget. o Design Development Estimate: Produced at ~ 50- 60% design to ensure the design o Construction Documents Estimate: This estimate forms the basis for the GMP and sets the budget to be followed through the construction phase of the project. Each of the above estimates will include the following documents: o Estimate Summary by Construction Division o Estimate Detail with in-house takeoffs o Clarifications and Qualifications o Value Engineering Log, Cost Variance Log, Allowance Log Management of the Control Budget is paramount to successful Preconstruction effort. We stay engaged with the project team throughout the design process and utilize the principals of Target Value Design, providing input for the team to make decisions that keep the design on target and understand cost or schedule implications of the decisions being made. Further, Samet has In-house MP&E preconstruction expertise who can provide more detailed insight into those trades and a more detailed evaluation of proposals received. A significant key difference in our role as a Construction Manager, is our final GMP should anticipate costs required to complete the scope and intent of the project as it is described on the documents. Samet uses or detailed knowledge of the project obtained throughout the preconstruction process, together with our experience and expertise to ensure we have included specific allowances or contingencies for work scope that is typically not definable or quantifiable at the time of bidding to the trades. These budgets are then transparently managed to the benefit of the Owner. Ultimately, at Samet our GMP’s are built to minimize change orders, unless it is initiated by a change in scope to the project, or caused by unforeseen or concealed conditions. Potential Change Order Logs are maintained weekly and issued to the Owner and Architect either bi-weekly or monthly depending on the contract and discussions with the project team. These logs are inclusive of: o Costs charged to Contract Allowances or Construction Contingency o The incorporation of an Architect’s ASI or other design directive (Whether $0 or cost incurring) o Resulting from an Owner request to change the project scope. In distributing these logs on an agreed and regular basis, we provide the team the opportunity to comment or question conditions which affect the project’s final cost. Our goal is for the Owner or Architect to have as much time as possible when decisions may still be made to alter those conditions and eliminate “surprise” events after the fact. 8. Explain the management tools, techniques and procedures the firm uses to monitor and maintain the construction phase schedule. All project schedules are developed using Primavera P6 Scheduling Software and the Critical Path Methodology. Samet uses in house full time scheduling engineers in the development and Docusign Envelope ID: F9219C15-7734-8BC1-823F-A09B8D5DB43E SAMET / 33RFQ 367-OC5466 / The Renovation & Construction of Sheriff’s Office Facilities Questionnaire updating of complex schedules. The development of the project schedule begins at the earliest stages of preconstruction and goes through a process of development typically with 3 updates prior to the issuance of the GMP. This results in a fully detailed schedule for bidding to trade contractors and one final update with the successful bidders to be incorporated in the GMP. This ensures all trades are fully bought into the Contract Schedule before it is finalized. Consideration in the project schedule is given for: o Durations for schematic design / design development / construction documents o Estimating & Permitting o Proposed early release packages (if any) o Framework of the construction activities grouped for sequencing, schedule, and durations. o Timelines for commissioning and training of systems. o Move out / move in timelines Throughout the construction period, the Master Construction Schedule is updated as the progress dictates appropriate. The superintendent will utilize a 2 or 3 week look ahead schedule that is coordinated with the Master Construction Schedule as needed to manage the daily and weekly goals for each sub. This effort allows us to look at smaller and shorter- term specific goals to make sure subcontractors are properly coordinated with each other and staying on track. 9. Describe your approach to the collaboration with the County and the Design Team relative to project design and materials/systems research that will assure the functional, aesthetic, and quality requirements are satisfactorily addressed for this project. As described in the Cost Management section above (7), Samet is fully engaged throughout the design process. We take an active role as the design progresses through various stages and can provide advice timely to each stage of design. This often includes: o Feedback on the current options and decisions relative to the project control budget o Performing mini cost studies to help weigh the pros and cons of one option over another o Reaching out to trade partners or vendors for input on options that may be in the marketplace o Review of schedule and/or phasing implications from different deign options. 10. How do you manage the time and quality aspects of the process of reviewing and approving subcontractor submittals, clarification requests, issuance of bulletin drawings, development of cost proposals, identification and justification of change orders, payment requests, commissioning, final inspections and assembly of the project close-out documents? Subcontractor Submittals: Managing the submittal process is critical to overall success in delivering the project on time and to the expected standards. This is as true in terms of timeliness and accuracy from our trade partners as it is with review at the design team. Samet develops a schedule for submission of submittals from our trader partners that is both realistic to the stakeholders’ workloads and fairly prioritizes the needs of the project. We work closely with the design team to make sure those priorities are understood, providing extra time when available and requesting faster time when needed. Success comes from us all working together to drive the work in the field happening on time and to meet the design. Further, Samet reviews all submittals for conformance with the design documents prior to submission and does routinely turn around submittals for correction before submitting to the design team when not correct. Clarification Requests (RFIs): Samet reviews all RFIs received from a trade contractor to first make sure we don’t already know the answer based on the whole of the design documents before tying up the design team with review. Whenever possible, Samet also tries to provide suggested solutions and/or response that can be included within budget and time for consideration. Bulletin Drawings: We issue bulletin drawings via Procore to all trade contractors simultaneously. Procore also houses the whole of the Contract Documents, inclusive of supplements and current revisions for all parties to the construction process. Development of Cost Proposals: Samet vets all Subcontractor pricing before submitting for the design team or Owner’s review. They include breakdowns of labor, material, rates, and markups so as to transparently show how those costs are built up and validate they are a reasonable estimation of what the actual costs will be. Identification and Justification of Change Orders: As described in the Cost Management section (7), Samet will carry allowances and contingencies against specific cost risks that are identified within the GMP. The intent with most Change Orders is to allocate trade change costs against the places allocated within the GMP already. When additional costs do arise that are not allocable to those defined budgets, justification for why it’s Docusign Envelope ID: F9219C15-7734-8BC1-823F-A09B8D5DB43E SAMET / 34RFQ 367-OC5466 / The Renovation & Construction of Sheriff’s Office Facilities Questionnaire an owner change outside the bounds of the GMP is presented. We usually do this by discussion in a regular meeting to facilitate better understanding and then submit for a more detailed review by the team. Payment Requests: Samet will review expectations for payment requests with the design team and Owner at the onset of construction. We will then manage our subcontractors to ensure the proper documentation and timelines are met. These discussions include items such as dates, waivers, stored materials, insurances etc… Commissioning: Samet will work with the Owner and Design team to ensure commissioning expectations and requirements are clearly laid out in the Construction & Bidding documents for the trade partners to included in their bids. Those discussions will also advise who is responsible or desires to attend and sign off on those inspections so we can coordinate with them at the appropriate times. This discussion would include any 3rd party responsibilities. The timelines for commissioning are also shown in the project schedule and tracked as part of delivery. Final Inspections: Samet is familiar with the AHJ final inspection requirements. We will work with any additional stakeholders on specific inspections for the new emergency operations facility may incur. Timelines for these inspections will be shown in the Project Schedule. For all inspections, Samet first reviews the system or equipment with the trade contractor and demonstrates they are ready for inspection before calling. Project Closeout Documents: Please see the below section on closeout (11). 11. How do you manage project close out in a manner that quickly provides for occupancy with minimal punch list items and warranty issues? Project closeout is best managed from the front of a project and can be overwhelming if left for the end. As a result, the culture at Samet is that project closeout and punch list begin very early in the project and occurs throughout the duration. Samet uses BUILDR as a platform to manage Record Documents where they can be kept life and online for the Owner. BUILDR is also used to manage the Call Back Warranty Period so than any concern raised by the Owner is logged, tracked, and managed in a live real time environment visible to all. Record Documents: BUILDR interfaces with Procore and allows for a seamless transition of all documents that are collected during the life of the project, greatly speeding the production of a Record document Package. The project team identifies what closeout documents are required by the specification. All documents that can be collected throughout the submittal process are, and the remaining documents are pulled into BUILDR as they are completed. Punch List: At an appropriate time Samet will agree to a flow and sequence of punchout that works for all parties and the construction timeline. Punchlist is managed in Procore with its current status available to all parties in a live real time environment. Prior to the owner / architect walking Samet will conduct it’s own punch out of all areas of work. We attempt to have as much of this list worked off as possible, and open items are visible to the Owner/Architect for their punch walk. This eliminates duplication of punch items and speeds up the required time to complete the punch list walk. Additionally, a combined punch list inclusive of Samet, Designer, and Owner punch items can be generated for the Substantial Completion certificate. Warranty: Samet provides BUILDR which also tracks warranty requests for the project team. The facilities staff would open a warranty request in BUILDR with a description of the issue and photos when applicable. This comes to Samet for review, acceptance, and assignment to the appropriate party for action. Trade partners respond within the system for plans to address the issue. The entire life of the Warranty requests are visible to all stakeholders including the timing of all responses and current status. Samet has dedicated personnel to ensure all warranty items are being addressed timely by the respective project teams and are available for the Owner to reach out to if they have concerns. 12. Describe your team’s commitment to the success of this project and why you believe your assembled team is the best choice for this project. Our team’s commitment to this project runs deeper than contractual obligation. We understand that Orange County’s Sheriff Office Facilities will be integral to protecting your community in its most critical moments. When lives are on the line, the men and women operating from this facility need a space that works flawlessly, and we’re dedicated to delivering exactly that. What makes our assembled team the best choice is our specialized emergency services expertise combined with two decades of proven CMAR delivery. Since 2004, we’ve successfully guided public sector clients through the CMAR process. We know how to make this delivery method work to the County’s advantage: becoming a true partner from Docusign Envelope ID: F9219C15-7734-8BC1-823F-A09B8D5DB43E SAMET / 35RFQ 367-OC5466 / The Renovation & Construction of Sheriff’s Office Facilities Questionnaire day one, actively contributing to design decisions, identifying cost-saving opportunities, and solving problems before they impact budget or schedule. We’ll guide the County through the entire process, from establishing realistic budgets during schematic design through developing the Guaranteed Maximum Price and managing competitive bidding that maximizes MWBE participation. Our experience demonstrates this collaborative approach works. We delivered the Forsyth County Courthouse and have built fire stations, police headquarters, and emergency operations centers. We know these mission-critical facilities and how to partner with design teams and owners to get the details right. With 40 employees in our Charleston office generating $150 million in annual revenue, we have the capacity and local presence to be responsive partners throughout this multi-year project. Our 0.48 EMR safety rating and established relationships with qualified local subcontractors mean we deliver on our commitments to both quality and community participation. Orange County will have a partner committed to transparency, proactive communication, and shared success throughout preconstruction, bidding, construction, closeout, and warranty management. We’ll use our CMAR experience to guide you through key decisions and ensure this critical facility is delivered on time, within budget, and ready to serve your community for generations to come. 13. Describe your value engineering process. As discussed in our Cost Management Section above (7), we utilize a Target Value Design approach throughout preconstruction to minimize the need for Value Engineering at the end of the process. However knowing a certain amount is typically inevitable, Our value engineering process follows the following framework: Identify alternate materials, systems, or details we believe may results in a lower final cost to the Owner during the design development process and include these as alternates during Subcontractor pricing. This is a more proactive process where the Project Team knows what to expect ahead of time and pricing for those options is obtained competitively. Solicit Subcontractor’s and Vendors to propose cost saving options that seem obvious to them during pricing as they are often the closest to what is driving the final cost of work. While their options may not always be viable, it can uncovers items that may be driving costs the team members may not be aware of. When options concern MP&E equipment changes, we know there may be more at stake then up front cost savings. In those cases we partner with the Owner’s engineering and design teams to ensure those options are properly vetted so the Owner can be presented with the full picture of short-term costs, potential performance or efficiency differences, or long term maintenance impacts. Together the team can make wiser decision to the Owner’s long term interests. We track Value Engineering Options in the Cost Management Log (CML) showing each proposed change its value and tracks what has been accepted, rejected or is still open. 14. Describe how responsibilities as a CM at Risk differ from responsibilities as a General Contractor. As a CM at Risk, our role is significantly broader than a General Contractor: we manage the construction process in the best interest of the Owner. A General Contractor is responsible for delivering the project per the design documents for a fixed price obtained through bidding. Challenges, changes, or coordination issues can and often do impact overall project cost and delivery. As a Construction Manager, we manage the entire construction process in the Owner’s interest. This includes early involvement to understand Orange County’s goals, budget constraints, schedule requirements, and other needs. We then develop a comprehensive project schedule and help all stakeholders work together to ensure the County can occupy the facility when needed. Additionally, as described in our Cost Management approach, we ensure the project budget is sufficient to complete the intended scope and manage costs that cannot be fully defined at the time of GMP establishment. All project costs are tracked in a transparent and auditable manner so Orange County knows exactly what is being spent with trade contractors to perform the work. Finally, when issues arise, we act in the County’s interest to manage solutions and costs with trade contractors using the same transparent reporting. Docusign Envelope ID: F9219C15-7734-8BC1-823F-A09B8D5DB43E OTHER ITEMS D SAMET / x25-063 / Orange County Emergency Services Building Docusign Envelope ID: F9219C15-7734-8BC1-823F-A09B8D5DB43E SAMET / 36RFQ 367-OC5466 / The Renovation & Construction of Sheriff’s Office Facilities Other Items SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBRWVDADDLINSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED?(Mandatory in NH) DESCRIPTION OF OPERATIONS belowIf yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIREDAUTOS ONLY 9/26/2025 Arthur J.Gallagher Risk Management Services,LLCMailStop:072102-CHAPOBox4146ClintonIA52733-4146 864-239-2409 704-362-1997 BW2.BSD.Certs@ajg.com Travelers Property Casualty Co of America 25674 SAMECOR-01 Pacific Insurance Company,Limited 10046SametCorporation309GallimoreDairyRd,Suite 102GreensboroNC27409 Travelers Indemnity Company 25658 Berkley Regional Insurance Company 29580 Indian Harbor Insurance Company 36940 Travelers Casualty and Surety Company 19038 1848333196 C X 2,000,000 X 1,000,000 10,000 2,000,000 4,000,000 X Y Y VTC2K-CO-7W348030-IND-25 10/1/2025 10/1/2026 4,000,000 A 2,000,000 X X X Y Y VTJ-CAP-7W348029-TIL-25 10/1/2025 10/1/2026 ADE X X 25,000,000 X Y CUP-7W348042-25-25BCS8800458-30SXS005764205 10/1/202510/1/202510/1/2025 Y 10/1/202610/1/202610/1/2026 25,000,000 X 10,000 F X N Y UB-1X658735-25-25-K 10/1/2025 10/1/2026 1,000,000 1,000,000 1,000,000 B Pollution LiablityProfessionalLiability 30CPIBD5684 10/1/2025 10/1/2026 Professional LimitPollutionLimit 10,000,00010,000,000 Umbrella/Excess Includes: Fair American Select Insurance Company -Policy #CSX-8000609-01 -Effective 10/1/25 -10/1/26 Westchester Surplus Lines Insurance Company -Policy #G71744097-007 -Effective 10/1/25 -10/1/26 Proof of Insurance D.1. / INSURANCE Standard Risk Compliance Statement Samet hereby confirms that we meet the “Standard Risk Profile” as defined in the Orange County Minimum Insurance Coverage Requirements. Our organization operates within the standard risk parameters established by Orange County, and we maintain insurance coverage that aligns with these requirements. Claims History Disclosure Samet Corporation has not had any professional liability claims filed against its professional liability insurance in the past 5 years. However, a payment was made under the rectification coverage included in the professional liability insurance. Samet Corporation self-reported the claim on June 13, 2022, regarding a metal panel installed by a subcontractor that came off of a building during a straight winds storm. The claim was closed on May 17, 2023. The professional carrier paid a total of $175,314.09 on the claim. Docusign Envelope ID: F9219C15-7734-8BC1-823F-A09B8D5DB43E SAMET / 37RFQ 367-OC5466 / The Renovation & Construction of Sheriff’s Office Facilities Other Items ADDENDUM ACKNOWLEDGEMENT FORM Consultants must acknowledge receipt of addendums posted by Orange County before the RFP/RFQ deadline. Please initial for Addendums received. Addendum No 1 ________________ Addendum No 2 ________________ Addendum No 3 ________________ Docusign Envelope ID: F9219C15-7734-8BC1-823F-A09B8D5DB43E SAMET / 38RFQ 367-OC5466 / The Renovation & Construction of Sheriff’s Office Facilities Other Items Section I: General Government and Administration Policy 10.0: Living Wage Contractor Policy Reviewed by: County Attorney/County Manager Approved by: County Manager Original Effective Date: April 21, 2016 Revisions: August 1, 2016 Policy Statement It is the policy of Orange County to ensure its employees, and all individuals who provide services for Orange County, are paid a living wage. Purpose To encourage all vendors and contractors to pay a living wage to all employees who perform work pursuant to a contract with Orange County. Applicability Applies to all Orange County contracts and purchases. Policy 10.1 Living Wage 10.1.1 Orange County is committed to providing its employees with a living wage and encourages all contractors and vendors doing business with Orange County to pursue the same goal. Orange County’s living wage is as reflected in the adopted Orange County Budget and as that budget document is amended from time to time. To the extent possible, Orange County recommends that contractors and vendors seeking to do business with Orange County provide a living wage to their employees. 10.1.2 Prior to final execution of a contract with Orange County all contractors and vendors seeking to do business with Orange County shall submit to the County’s representative a statement indicating whether those employees who will perform work on the Orange County contract are paid at least the living wage amount set out above. If such employees do not make at least the living wage amount set out above the contractor or vendor shall indicate in the statement, the actual amount paid to such employees. For bid projects this statement should be submitted as part of the bid packet. This policy may be reviewed annually and updated as needed by the Manager’s Office Acknowledged Receipt by: Company Name: Date: __ Samet Corporation Tyler Kelley 12/02/25 Docusign Envelope ID: F9219C15-7734-8BC1-823F-A09B8D5DB43E SAMET / 39RFQ 367-OC5466 / The Renovation & Construction of Sheriff’s Office Facilities Other Items STATE OF NORTH CAROLINA AFFIDAVIT ORANGE COUNTY ************************** I, ____________________________(the individual attesting below), being duly authorized by and on behalf of ________________________________ (the entity bidding on project hereinafter "Employer") after first being duly sworn hereby swears or affirms as follows: 1. Employer understands that E-Verify is the federal E-Verify program operated by the United States Department of Homeland Security and other federal agencies, or any successor or equivalent program used to verify the work authorization of newly hired employees pursuant to federal law in accordance with NCGS §64-25(5). 2. Employer understands that Employers Must Use E-Verify. Each employer, after hiring an employee to work in the United States, shall verify the work authorization of the employee through E-Verify in accordance with NCGS§64-26(a). 3. Employer is a person, business entity, or other organization that transacts business in this State and that employs 25 or more employees in this State. (mark Yes or No) a. YES _____, or b. NO _____ 4. Employer's subcontractors comply with E-Verify, and if Employer is the winning bidder on this project Employer will ensure compliance with E-Verify by any subcontractors subsequently hired by Employer. This ____ day of _______________, 20__. Signature of Affiant Print or Type Name: _________________________ State of North Carolina, _________ County Signed and sworn to (or affirmed) before me, this the _____ day of ________________, 20__. My Commission Expires: Notary Public (Affix Official/Notarial Seal) 1st December 25 Samet Corporation Tyler Kelley, Senior VP Tyler Kelley Docusign Envelope ID: F9219C15-7734-8BC1-823F-A09B8D5DB43E SAMET / 40RFQ 367-OC5466 / The Renovation & Construction of Sheriff’s Office Facilities Other Items ORANGE COUNTY NONDISCRIMINATION CERTIFICATION The undersigned bidder or proposer hereby certifies and agrees that the following information is correct: 1.In preparing its enclosed bid or proposal, the undersigned bidder or proposer has considered all bids and proposals submitted from qualified, potential subcontractors and suppliers, and has not engaged in discrimination as defined in Section 12-52 of the Orange County Non-discrimination Ordinance. 2.Without limiting any other remedies that Orange County may have for a false certification, it is understood and agreed that, if this certification is false, such false certification will constitute grounds for Orange County to reject the bid or proposal submitted with this certification, and terminate any contract awarded based on such bid or proposal. It shall also subject the bidder or proposer to disqualification from participating in county contracts or bid processes for up to two years. 3.As a condition of contracting with Orange County, the undersigned bidder or proposer agrees to promptly provide to Orange County all information and documentation that may be requested by Orange County from time to time regarding the solicitation and selection of suppliers and subcontractors in connection with this solicitation process. Failure to maintain or failure to provide such information constitutes grounds for Orange County to reject the bid or proposal and to terminate, without penalty to Orange County, any contract awarded on such bid or proposal. All such information and documentation shall be maintained for a period of three years after the expiration of the contract. 4.As part of its bid or proposal, the undersigned bidder or proposer shall provide to Orange County a list of all instances within the past ten years where a complaint was filed or pending against bidder or proposer in a legal or administrative proceeding alleging that bidder or proposer discriminated against its subcontractors, vendors, suppliers, or commercial customers, and a description of the status or resolution of that complaint, including any remedial action taken. 5.As a condition of submitting a bid or proposal to Orange County the undersigned bidder or proposer agrees to comply with the Orange County Non-discrimination Ordinance. Falsification of this certification shall constitute a violation of the Orange Docusign Envelope ID: F9219C15-7734-8BC1-823F-A09B8D5DB43E SAMET / 41RFQ 367-OC5466 / The Renovation & Construction of Sheriff’s Office Facilities Other Items County Non-Discrimination Ordinance and shall be grounds for rejection of the bid or proposal or termination of an existing contract, without fault or further obligation to Orange County. 6.As a condition of submitting a bid or proposal to Orange County the undersigned bidder or proposer agrees that Orange County may consider the information submitted as part of this certification in its determination of the responsibility of the undersigned bidder or proposer. The undersigned bidder or proposer, as the case may be, waives the right to challenge the rejection of a bid or proposal when such rejection is based, in its entirety, on information submitted as part of this certification. The bidder or proposer certifies the undersigned has full authority to sign on its behalf. By:________________________________________ ___________________________________________ Printed Name and Title On behalf of _________________________________ ___________________________________________ Company or Corporate name Samet Corporation Tyler Kelley - Senior Vice President Docusign Envelope ID: F9219C15-7734-8BC1-823F-A09B8D5DB43E SAMET / 42RFQ 367-OC5466 / The Renovation & Construction of Sheriff’s Office Facilities Other Items Supplemental Vendor Information: HISTORICALLY UNDERUTILIZED BUSINESSES Vendor Name:____________________________________________________ Date: _________ Per G.S. 143-128.4, Historically Underutilized Businesses (HUBs) consist of minority, women and disabled business firms that are at least fifty-one percent (51%)owned and operated by an individual(s) who are members of the following groups:Black, Hispanic, Asian American, American Indian, Female,Disabled, Disadvantaged. The Vendor shall respond to question No 1 and No 2 below. 1)Is Vendor a Historically Underutilized Business?Yes No If yes, please select from the following: Ethnicity:Gender Disabled Black Male Yes Hispanic Female No Asian American American Indian 2)Is Vendor Certified with North Carolina as a Historically Underutilized Business?Yes No If so, state HUB classification: _______________________________________________________ Any questions concerning NC HUB certification, contact the North Carolina Office of Historically Underutilized Businesses at (919) 807-2330. Samet Corporation 12/02/2025 Docusign Envelope ID: F9219C15-7734-8BC1-823F-A09B8D5DB43E SAMET 5430 Wade Park Blvd. Suite 110 Raleigh, NC 27607 919.703.0263 / sametcorp.com RFQ 367-OC5466 SUBMITTAL THE RENOVATION & CONSTRUCTION OF SHERIFF’S OFFICE FACILITIES ORANGE COUNTY, NC Docusign Envelope ID: F9219C15-7734-8BC1-823F-A09B8D5DB43E RESPONSE TO REQUEST FOR QUALIFICATIONS / CM@RISK SERVICESRFQ 367-OC5466 SUBMITTAL SUPPLEMENTAL INFORMATION ORANGE COUNTY, NC CO N F I D E N T I A L - D O N O T R E L E A S E P U B L I C L Y Docusign Envelope ID: F9219C15-7734-8BC1-823F-A09B8D5DB43E SAMET / 1RFQ 367-OC5466 / The Renovation & Construction of Sheriff’s Office Facilities Qualifications & Experience A.7. / FINANCIAL STABILITY A.7.A. / SURETY LETTER Docusign Envelope ID: F9219C15-7734-8BC1-823F-A09B8D5DB43E SAMET / 2RFQ 367-OC5466 / The Renovation & Construction of Sheriff’s Office Facilities Qualifications & Experience SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBRWVDADDLINSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED?(Mandatory in NH) DESCRIPTION OF OPERATIONS belowIf yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIREDAUTOS ONLY 9/26/2025 Arthur J.Gallagher Risk Management Services,LLCMailStop:072102-CHAPOBox4146ClintonIA52733-4146 864-239-2409 704-362-1997 BW2.BSD.Certs@ajg.com Travelers Property Casualty Co of America 25674 SAMECOR-01 Pacific Insurance Company,Limited 10046SametCorporation309GallimoreDairyRd,Suite 102GreensboroNC27409 Travelers Indemnity Company 25658 Berkley Regional Insurance Company 29580 Indian Harbor Insurance Company 36940 Travelers Casualty and Surety Company 19038 1848333196 C X 2,000,000 X 1,000,000 10,000 2,000,000 4,000,000 X Y Y VTC2K-CO-7W348030-IND-25 10/1/2025 10/1/2026 4,000,000 A 2,000,000 X X X Y Y VTJ-CAP-7W348029-TIL-25 10/1/2025 10/1/2026 ADE X X 25,000,000 X Y CUP-7W348042-25-25BCS8800458-30SXS005764205 10/1/202510/1/202510/1/2025 Y 10/1/202610/1/202610/1/2026 25,000,000 X 10,000 F X N Y UB-1X658735-25-25-K 10/1/2025 10/1/2026 1,000,000 1,000,000 1,000,000 B Pollution LiablityProfessionalLiability 30CPIBD5684 10/1/2025 10/1/2026 Professional LimitPollutionLimit 10,000,00010,000,000 Umbrella/Excess Includes: Fair American Select Insurance Company -Policy #CSX-8000609-01 -Effective 10/1/25 -10/1/26 Westchester Surplus Lines Insurance Company -Policy #G71744097-007 -Effective 10/1/25 -10/1/26 Proof of Insurance A.7.B. / INSURANCE Docusign Envelope ID: F9219C15-7734-8BC1-823F-A09B8D5DB43E SAMET / 3RFQ 367-OC5466 / The Renovation & Construction of Sheriff’s Office Facilities Qualifications & Experience 8 / LEGAL HISTORY FOR PAST TEN YEARS Samet Corporation is periodically named as a defendant in an action filed by a subcontractor or supplier to claim a lien. In most all instances, the lien is bonded off by Samet Corporation and the action is quickly resolved without the need of a formal lawsuit to enforce a lien. During the past 10 years, Samet Corporation has been or is currently involved in the following legal actions. Based on the value of work in all market segments (commercial, industrial, healthcare, housing and education), the nature of the work, and the subcontractor base, these claims are within reasonable expectations. None of these claims has a material impact on the operations of Samet Corporation, and there has never been any instances of proven negligence, fraud, or intentional misrepresentation related to these actions. 8.A. / PENDING ACTIONS - RALEIGH REGION NC Caulking & Waterproofing, Inc. v. 400 West Main Owner LLC, et al. Case No. 25CV004983-310 Suit filed 5/16/2025 by NC Caulking & Waterproofing, Inc. in Durham County Superior Court, North Carolina, against Live Green Inc. and its surety, Samet Corporation, and project Owner to enforce a lien claim filed by NC Caulking & Waterproofing for alleged failure to Live Green to make payment. Pending responsive pleadings and discovery. Claim Value: $246,000 DISMISSED Southern Georgia Drywall A demand for arbitration filed in June 2022 with the American Arbitration Association by Samet Cor- poration against Southern Georgia Drywall, LLC (SGD), a subcontractor who abandoned a project. An arbitration hearing was held before the Arbitrator on 4/5/2023 who granted Samet’s motion and issued the final Order and Judgment on 4/26/2023. Thereafter, Samet filed in Guilford County, North Carolina Supe- rior Court, a Motion to Confirm Arbitration Award against SGD and subsequent collection proceedings in various jurisdictions against SGD. Paid in full by SGD; judgment satisfied 7/11/2024. Ironshore Specialty Insurance Co / HUB International Suit filed in November 2023 in Guilford County Su- perior Court, North Carolina, by Samet Corporation against an insurance company and broker for bad faith practices in denying a claim under an unrelated and/ or inapplicable policy exclusion. Action removed to Federal Court. Case settled; dismissed 7/30/2024. Links Glenwood, Raleigh, NC Suit originally filed in 2016 and amended complaint filed in June 2017 by utility provider Spirit Communications against Samet Corporation and its subcontractor for alleged damage to a fiber optic cable during construction of the project. Samet subsequently filed a third-party complaint against the subcontractor who was responsible for damaging the cable. The case was settled at mediation and dismissed. Glenwood South Raleigh Apartments, Raleigh, NC Suit filed in August 2016 by subcontractor to enforce a claim of lien. The claim was resolved, and the case dismissed. 8.B. / CONSTRUCTION DEFAULTS Samet has not been considered in default, suspended, or terminated for cause on any construction project. 8.C. / OWNER COMPLETED CONTRACTS Samet not had any contracts or portions of work completed by an Owner or our Surety. There are no incidents to report in this category. 8.D. / DEBARMENTS/SUSPENSIONS Samet has not been debarred or suspended for any reason by any federal, state, or local government procurement agency. We have not refrained from bidding on any public project due to an agreement with any procurement agency. Additionally, Samet has not been named in any action, administrative proceeding, or arbitration in which it was alleged that the firm failed to comply with NC Gen Stat Chapter 22C or any similar state or federal statute requiring prompt payment of subcontractors. 8.E. / BID FRAUD CONVICTIONS Samet, including any predecessor or related entities, and all officers, shareholders, partners, and key personnel, have NOT been convicted of or pleaded guilty to any crime related to the bid process for contracts on public or private projects or involving fraud or misrepresentation. Docusign Envelope ID: F9219C15-7734-8BC1-823F-A09B8D5DB43E SAMET / 4RFQ 367-OC5466 / The Renovation & Construction of Sheriff’s Office Facilities Qualifications & Experience TYLER KELLEY SENIOR VICE PRESIDENT CAREER EXPERIENCE25 years SAMET EXPERIENCE 8 years OFFICE LOCATION Raleigh, SC CREDENTIALS OSHA 3o Hour ASHE Certified 9.B. / RESUMES Tyler has 25 years of experience professionally managing projects, business development, and operations. He has expert skills in field operations, financial/cost analysis, personnel supervision, marketing and contract management. Tyler manages the operations of Samet’s Triangle Office. Tyler will provide overall project direction for your facility. He will, also, manage the project team from the initial design phase until construction completion. EXPERIENCE WCPSS STEM Early College, Cary, NC / 30,000 SF educational facility. Interior renovation including partitions, finishes, casework, and modern MEPF systems. Exterior improvements: entrance canopies, storefront and brickwork repairs, and roofing replacement. Site work: parking lot reconfiguration, utility updates, asphalt replacement, and addition of a basketball court and landscaping. / Senior Vice President 137 Franklin Office, Chapel Hill, NC / 131,808 SF Franklin Office project renovated 136 Rosemary (seven-story) and 137 Franklin (three-story) with demolition, hazmat abatement, and roof coatings. Phase II included new core and MEP systems, full envelope replacement, and an expanded scope after a year-long pause, resulting in modernized buildings with updated façades and common areas. / Senior Vice President Rosemary Street Parking Deck, Chapel Hill, NC / 365,043 SF, seven-level, 1,100-space precast parking deck. It includes a ground-level porch, multiple entry points, a driveway extension, and a 30-foot utility easement for realigned storm and sewer lines. / Senior Vice President Novus, Durham, NC / 27-story, 617,580 SF mixed-use building with 242 units, including 188 apartments and 54 condos. It features ground-floor retail and below-grade parking. / Senior Vice President Millennium Chapel Hill, Chapel Hill, NC / This 325,170 SF mixed-use project includes 202 multi-family apartment units and a precast parking garage. / Senior Vice President District @ 54, Raleigh, NC / This building is home to 330 units in a single 5-story complex delivered in phases. There is 272,800 SF of net building space, approximately 298,305 SF of heated livable space and 8,732 SF of non-residential/amenity space on the first floor. The 5-story, pre-cast parking deck is 171,592 SF with a mezzanine level containing 531 parking spaces. / Senior Vice President Sweetwater Mixed Use, Apex, NC / Sweetwater Mixed-Use is a thoughtfully designed 429,804 SF community with retail space and 2 parking garages. / Senior Vice President Project FXGD, New Hill, NC / This project includes design/build turnkey delivery of a 337,000 SF shipping & distribution facility for a major national freight carrier. The 57.8-acre site includes paving of over 19 acres including heavy-duty asphalt paving, heavy-duty concrete paving, employee parking, and significant storage areas for trucks, trailers, and vans. / Senior Vice President Docusign Envelope ID: F9219C15-7734-8BC1-823F-A09B8D5DB43E SAMET / 5RFQ 367-OC5466 / The Renovation & Construction of Sheriff’s Office Facilities Qualifications & Experience DAVID BASCOM PROJECT EXECUTIVE CAREER EXPERIENCE 22 years SAMET EXPERIENCE 6 years OFFICE LOCATION Raleigh, NC CREDENTIALS BS, Architecture University of Buffalo LEED Green Associate NC Licensed Building Contractor OSHA 30 Hour First Aid/CPR/AED With extensive experience managing and producing projects, David understands the special challenges involved in each individual project. He is known in the industry as a manager who not only keeps projects on time and within budget, but also as someone who consistently delivers only the highest quality projects. His primary responsibilities include schedule development, permitting, site management/construction, staging, material procurement, material & equipment submittals, subcontractor agreements, schedule orientation, project & budget reports, quality control, safety and warranty/project closeout. EXPERIENCE Robeson County Department of Social Services Building, Lumberton, NC / The facility includes a mixture of office space, meeting rooms, and customer service centers. In addition to this the facility has a courthouse with holding cells. / Project Manager Robeson County Emergency Operations Center, Lumberton, NC / The project included an emergency operations command center for the County, offices for management and staff, the County’s 911 call center, and facilities for the County’s Drug Enforcement division. / Project Manager NCDOC North Carolina Correctional Institute for Woman Site Package 1A, Raleigh, NC / Sitework package of the Healthcare Facility for the Department of Corrections. / Project Manager Fenton, Cary, NC / Six-story concrete parking deck totaling 698 stalls as part of Fenton’s 92-acre development. In addition, three residential buildings total 517,000 SF with 357 luxury units and ground-floor retail. / Project Executive Park Apartments, Chapel Hill, NC / 719,521 SF, 414 unit apartment complex consisting of two phases of new building construction. 490 unit, six-story precast parking deck. / Project Executive Park City South, Raleigh, NC / 7-story (5 levels of timber over 2 podium levels) wrapping an 11-story parking deck. / Project Executive Durham Transit Center, Durham, NC / Transit facility upgrades include enhanced canopies, additional restrooms, seating, and service kiosk. Project expands bus bays from 20 to 28 for Go-Durham’s growing network serving 14,000 daily riders while maintaining full operation during construction. / Project Executive Veridea, Apex, NC / This development encompasses 125,000 square feet of retail and commercial space, over 1,000 multifamily units with integrated retail, 1,100 single-family homes and townhouses, and significant educational facilities including an elementary school and a Wake Technical Community College campus. / Project Executive Docusign Envelope ID: F9219C15-7734-8BC1-823F-A09B8D5DB43E SAMET / 6RFQ 367-OC5466 / The Renovation & Construction of Sheriff’s Office Facilities Qualifications & Experience SARA TAYLOR PRECONSTRUCTION PROJECT MANAGER CAREER EXPERIENCE15 years SAMET EXPERIENCE2 years OFFICE LOCATIONRaleigh, NC CREDENTIALSMBA, Campbell University Downtown Raleigh NCSOS I, NCDOT Erosion & Sediment Control/Stormwater Level 2 NC State University Sara brings extensive experience in estimating and coordinating diverse construction projects. She is responsible for building key relationships with owners and architects, facilitating pre-construction, and upholding project standards and policies. A strong collaborator, Sara fosters community among trade partners, owners, architects, and stakeholders. EXPERIENCE Crabtree North, Raleigh, NC / 269,000 SF, 330 unit multi-family complex with podium garage. Board of Elections Renovation, Durham, NC / Adaptive re-use of vacant grocery store into a consolidated Board of Elections facility, including offices, early voting site, conference rooms, and 20,000 SF of high security storage for voting machines, ballots, and other election equipment. / Preconstruction Project Manager Lee County Library, Sanford, NC / 33,000 SF new county library with open spaces for meetings and events; children’s reading area; teen and adult reading areas. / Preconstruction Project Manager WTCC Fire & Rescue Training Center, Wendell, NC / This advanced training center supports Wake County fire services with realistic scenario- based training. Features include a six-story live fire tower, five-story rescue tower, hazmat and vehicle extrication ditch, LP training pad, and pump drafting pit. / Preconstruction Project Manager Durham Transit Center, Durham, NC / 2,000 SF project providing renovations to the existing Durham Station Transit Center, including large shade structures, enclosed bus shelters, and new ticketing and restroom buildings. / Preconstruction Project Manager RXR Veridea Multi-Family, Apex, NC / Design of Phase 1 consists of 500- 550 multi-family units and 100,000 SF of retail and commercial space. / Preconstruction Project Manager Ferguson Warehouse Upfit, Cary, NC / 225,000 SF upfit of existing one- story flex warehouse. / Preconstruction Project Manager Veridea, Apex, NC / This development encompasses 125,000 square feet of retail and commercial space, over 1,000 multifamily units with integrated retail, 1,100 single-family homes and townhouses, and significant educational facilities including an elementary school and a Wake Technical Community College campus. / Preconstruction Project Manager DTCC Orange County Campus, Hillsborough, NC / 13,500 SF addition and targeted renovations to a 2009 higher education facility, enhancing indoor and outdoor spaces for education, collaboration, and wellness. / Preconstruction Project Manager 500 E Main, Durham, NC / This new five-story, 195-unit multifamily apartment building spans 200,574 SF, including amenity spaces. It features brick veneer, cementitious siding and trim, and a flat membrane roof with a parapet wall. / Preconstruction Project Manager CCCC Moore Main Building Reno Ph 1, Sanford, NC / 34,368 SF renovation for Central Carolina Community College. / Preconstruction Project Manager Docusign Envelope ID: F9219C15-7734-8BC1-823F-A09B8D5DB43E SAMET / 7RFQ 367-OC5466 / The Renovation & Construction of Sheriff’s Office Facilities Qualifications & Experience BRIAN LAMBERT PROJECT MANAGER CAREER EXPERIENCE20 years SAMET EXPERIENCE8 years OFFICE LOCATIONGreensboro, NC CREDENTIALSBS, Industrial TechnologyAppalachian State University Brian is responsible for the overall construction process including developing the project budget and establishing the project schedule. He will provide project management services and will work hand-in-hand with the preconstruction team from the beginning of the design phase, and will work with the project superintendent throughout the project. Brian will monitor/ control construction to ensure that the project is built on schedule and within budget. EXPERIENCE High Point Police Department & Call Center, High Point, NC / 73,000 SF office renovation and 16,500 SF addition for police HQ & 911 communications center. Project Manager Rotary Carousel, Greensboro, NC / Carousel at the Greensboro Science Center. Project Manager Greensboro Naval Operational Support Center, Greensboro, NC / Interior renovation. Project Manager UNC, PET Scanner Suite, Chapel Hill, NC/ Renovated basement space to house PET Scanner. Upfit included reconfiguring space, new PME rough in to support scanner, installation of lead lining (plywood, drywall, doors, bricks & glass) – Performed in occupied building, no interruption to adjacent spaces & operations. Project Manager Iredell Memorial Hospital, PET Scanner Suite, Statesville NC / Renovated 1st floor space to house PET Scanner. Upfit included reconfiguring space, new PME rough in to support scanner, installation of lead lining (plywood, drywall, doors, & glass) – Performed in occupied building, no interruption to adjacent spaces & operations. Project Manager UNC Dental School Renovations, Chapel Hill, NC/ Part of UNC Hospital System – Renovated small existing area to provide new lobby/waiting area and a few dental procedure rooms. – Performed in occupied building, no interruption to adjacent spaces & operations. Project Manager RCC Owens, Wentworth, NC/ Building Renovation – Not a medical facility but a medical training facility for Rockingham County Community College. Had a lot of the same systems you have a in a medical facility, patient rooms, surgery rooms, med gases, ambulance bay/intake area, etc.. Built to simulate a small emergency room type facility. Project Manager Bluford Street Resident Hall / The project scope includes the construction of a 5-story, 429 bed facility. This project includes 1, 2 & 4-Bedroom Suites with Kitchenettes and bathrooms. There shall also be various offices, gaming rooms, multipurpose, vending, laundry, etc. Project Manager Elon Engineering Building, Elon University, Elon, NC / 65,000 SF 3 level Engineering & Physics Building. Project Manager Docusign Envelope ID: F9219C15-7734-8BC1-823F-A09B8D5DB43E SAMET / 8RFQ 367-OC5466 / The Renovation & Construction of Sheriff’s Office Facilities Qualifications & Experience TRAVIS McDONALDPROJECT SUPERINTENDENT CAREER EXPERIENCE10+ years SAMET EXPERIENCE10+ years OFFICE LOCATIONGreensboro, NC CREDENTIALSBachelor of Science Construction ManagementNorth Carolina A&T State University (Dean’s List) OSHA 30 Hour Member AGC Travis is responsible for overall field direction of construction activities. Plans, implements and sequences construction operations. Directs safety, quality and security control programs to minimize disruption of project operations. Conducts jobsite trade coordination meetings. Reviews contractors’ billings. Travis will have total responsibility for the construction site and will assist the construction manager with Schedule Development, Permitting, Material Procurement, Subcontractor Agreements, Project & Budget Reports, Quality Control, Safety, and Project Closeout. EXPERIENCE High Point Police Department & Call Center, High Point, NC / 73,000 SF office renovation and 16,500 SF addition for police HQ & 911 communications center. Assistant Superintendent Alamance CC Public Safety Facility / Construction of a Training Center with a classroom building and firing range to support public safety and service training programs. Project Superintendent CFA Supply, Kannapolis, NC / The upfit of 127,326 SF distribution facility with a 4,919 SF vehicle maintenance building. Project Superintendent Biscuitville Dist/Office, Burlington, NC / 75,000 SF renovation to transform exisitng warehouse space to a cold-storage distribution facility. Project Superintendent Lotus Bakery Expansion, Mebane, NC / 110,000 SF commercial bakery expansion. Project Superintendent Glen Raven Headquarters, Glen Raven, NC / 100,000 SF corporate headquarters from restored and renovated Glen Raven plant built in 1901 includes a new 30-foot glass atrium, private and open offices, an interior atrium with 20-foot trees, glass-front conference rooms and theater-style training room. Additional projects include a 14,430 SF Welcome Center building and 240 LF pedestrian bridge. Project Superintendent Kaplan Building Expansion, Lewisville, NC / 48,000 SF expansion of warehouse for educational products retailer. Project Superintendent Simply Southern Building 2, Greensboro, NC / 74,000 SF new building for southern apparel retailer. Project Superintendent 295 Business Park Drive, Winston-Salem, NC / 4,915 SF interior upfit & parking lot repaving. Project Superintendent Docusign Envelope ID: F9219C15-7734-8BC1-823F-A09B8D5DB43E SAMET / 9RFQ 367-OC5466 / The Renovation & Construction of Sheriff’s Office Facilities Qualifications & Experience CODY HALLPROJECT ENGINEER CAREER EXPERIENCE11 years SAMET EXPERIENCE4 years OFFICE LOCATIONRaleigh, NC CREDENTIALSBachelor of Science Criminal Justice East Carolina University Bachelor of Arts Psychology East Carolina University Spanish Cody provides assistance and coordinates various administrative activities associated with the construction and completion of building sites and projects. He supports the efforts of the Project Manager to ensure customer satisfaction. Cody handles small work under the guidance and supervision of a Project Manager with support from the Project Administration Team Lead. His responsibilities include maintaining the RFI log, photo documentation, delivery schedules, project closeout preparation, and aiding in quality assurance and site safety. EXPERIENCE Holly Springs Fire Station #3, Holly Springs, NC / 15,500 SF single-story, three-bay building houses up to eight firefighters, an EMS station, and advanced decontamination technology with pressurized bays to prevent contaminants from entering living areas. Project Engineer Harnett 95 Industrial Center, Dunn, NC / 337,137 SF upfit for warehouse/ distribution center. Project Engineer FXGD Phase II Upfit, New Hill, NC / 337,137 SF upfit for warehouse/ distribution center. Project Engineer Project FXGD, Moncure, NC / 337,137 SF warehouse/distribution center on 57.673 acres. Project Engineer TIP West Infrastructure, New Hill, NC / Demolished 18 buildings, 35 acres, and three miles of infrastructure on a brownfield. Decommissioned seven sludge ponds, hauling 34 million pounds of sludge offsite. Project Engineer Trailwood Apartments, Raleigh, NC / Covers 12.27 acres with 122 one and two-bedroom units and a 185-space parking deck. The complex includes a clubhouse, office, maintenance building, pool, and site work such as grading, utilities, road upgrades, sidewalks, a retaining wall, and on-grade parking. Project Engineer Docusign Envelope ID: F9219C15-7734-8BC1-823F-A09B8D5DB43E SAMET 5430 Wade Park Blvd. Suite 110 Raleigh, NC 27607 919.703.0263 / sametcorp.com RFQ 367-OC5466 SUBMITTAL SUPPLEMENTAL INFORMATION ORANGE COUNTY, NC Docusign Envelope ID: F9219C15-7734-8BC1-823F-A09B8D5DB43E Orange County Asset Management Services 306 Revere Rd. Hillsborough, 27278 RE: Orange County Sheriff Headquarters & Evidence Building Preconstruction Services Proposal Mr. Alan Dorman, Samet Corporation is honored to present our Preconstruction Phase Services proposal and construction phase rates for the Orange County Sheriff's Headquarters & Evidence Storage Facility. Provided is a comprehensive summary of our preconstruction scope of work and deliverables for the design, prequalification, and bidding phases. Our proposed preconstruction fee is approximately 1% of the project budget, which aligns with standard State Construction (SCO) practices for Construction Manager at Risk delivery methods. This fee is inclusive of all preconstruction activities outlined in this proposal, including design coordination, cost estimating, value engineering, constructability reviews, subcontractor prequalification, and bidding phase services. We value the opportunity to contribute to a facility that will serve Orange County's law enforcement community and are enthusiastic about partnering with Orange County, the design team, and all stakeholders to deliver this important project. We welcome the opportunity to discuss this proposal in greater detail at your convenience. Thank you for considering Samet for this meaningful project. Please feel free to contact me at (919) 434-1297 with any questions. Sincerely, Samet Corporation David Bascom, Project Executive January 29th, 2026 Docusign Envelope ID: F9219C15-7734-8BC1-823F-A09B8D5DB43E Alan Dorman Director, Asset Management Services Orange County Government 306 Revere Rd. Hillsborough, NC 27228 RE: Orange County Sheriff’s Headquarters & Evidence Storage Facility Fee Proposal for Construction Manager at Risk Services Mr. Dorman, Samet Corporation is honored to submit our fee proposal for Construction Manager at Risk services for the Orange County Sheriff’s Headquarters and Evidence Storage Facility. We appreciate the opportunity to support Orange County in the delivery of this critical public safety facility. Should you have any questions or require additional information, please do not hesitate to contact us. We look forward to working collaboratively with the County to deliver a successful and transformative project. These figures are based on a 14-month construction timeline, with both the Sheriff’s HQ and Evidence Storage Facility running concurrently and staffed with the proposed team. David Bascom Project Executive – Samet Corporation Cost Component Rate Notes GC Fee 3.5% Based on total cost of work. Subcontractor Default Insurance 1.5% On Direct Cost Only General Conditions 9.0% Jobsite supervision, temporary facilities, safety, and site services. Contractor Contingency 2.0% Allowance for project unknowns and risk management. GL Insurance 0.81% General Liability insurance coverage. P&P Bond 0.75% Total Construction Cost Builders Risk 0.2% per calendar year Prorated based on construction duration. February 5th, 2026 Docusign Envelope ID: F9219C15-7734-8BC1-823F-A09B8D5DB43E Revised 01/24 1 ORANGE COUNTY—INTERNAL USE ONLY ______________________________________________________________________________ Finance Information Vendor Name: Samet Corporation Vendor Contact Person: Jack Pendergraph Phone: 919-703-0263 Address: 5430 Wade Park Blvd City Raleigh State: NC Zip: 27607 Department: AMS Amount: $193,339 Purpose: CMAR Preconstruction Services Budget Code(s): 61370035-880000-10093 Vendor # TBD Vendor Status with NCSOS: Active Vendor is a BOCC consultant: Yes No Contract Details Contract Type: New Amendment (Original Contract: ) (Most Recent Amendment ) Effective Date 6/22/2026 End Date 6/30/2027 Notice Date N/A (Notice Purpose ) Award Approved by Board (Agenda Date: 6/2/2026); Made or Administered by Signature Authority - BOCC Express Delegation (Agenda Date: 6/2/2026) - Policy 9.4: Under $5,000; Service Under $90,000; Construction Under $250,000 - Budget Policy Section XV (Capital Improvement Project: ) Bidding Informal Bidding ($30k-$90k); Formal RFP ($90k+); Other (<$30k); Exception(# ) Department Affirmation This agreement is approved as to technical form and content and I as Department Director affirmatively state work on this project has not been initiated prior to execution of the agreement. This agreement is approved as to technical form and content. Services related to this agreement have already begun or been completed. Description of the nature of the emergency condition that was addressed: Department Director’s Signature ________________________________________ Date: ________ Information Technologies This agreement has been reviewed and is approved as to information technology content and specifications: Office of the Chief Information Officer___________________________________ Date: ________ Inapplicable because no hardware/software purchases or related services Risk Management This agreement is approved for sufficiency of insurance standards, specifications, and requirements: Office of the Risk Management Officer___________________________________ Date: _________ Financial Services This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act: Office of the Chief Financial Officer ____________________________________ Date: _________ Legal Services This agreement is approved as to legal form and sufficiency: Office of the County Attorney __________________________________________Date: ________ Clerk to the Board All Docusign contracts must be copied to the Clerk upon completion: occlerkdocs@orangecountync.gov The following signature block is for hard copies only and is not required for Docusign contracts: Received for record retention: Office of the Clerk to the Board __________________________________________Date:_________ Docusign Envelope ID: F9219C15-7734-8BC1-823F-A09B8D5DB43E 6/24/2026 6/24/2026 6/24/2026 6/26/2026 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 6/4/2026 Arthur J.Gallagher Risk Management Services,LLC 11311 McCormick Road Suite 450 Hunt Valley MD 21031 443-798-7499 katie_cook1@ajg.com Travelers Property Casualty Co of America 25674 SAMECOR-01 Pacific Insurance Company,Limited 10046SametCorporation 309 Gallimore Dairy Rd,Suite 102 Greensboro,NC 27409 Travelers Indemnity Company 25658 Berkley Regional Insurance Company 29580 Indian Harbor Insurance Company 36940 Travelers Casualty and Surety Company 19038 797542070 C X 2,000,000 X 300,000 10,000 2,000,000 4,000,000 X Y Y VTC2K-CO-7W348030-IND-25 10/1/2025 10/1/2026 4,000,000 A 2,000,000 X X X Y Y VTJ-CAP-7W348029-TIL-25 10/1/2025 10/1/2026 A D E X X 25,000,000 X Y CUP-7W348042-25-25 BCS 8800458-30 SXS005764205 10/1/2025 10/1/2025 10/1/2025 Y 10/1/2026 10/1/2026 10/1/2026 25,000,000 X 10,000 F X N Y UB-1X658735-25-25-K 10/1/2025 10/1/2026 1,000,000 1,000,000 1,000,000 B Pollution Liablity Professional Liability 30CPIBD5684 10/1/2025 10/1/2026 Professional Limit Pollution Limit 10,000,000 10,000,000 Umbrella/Excess Includes: Fair American Select Insurance Company -Policy #CSX-8000609-01 -Effective 10/1/25 -10/1/26 Westchester Surplus Lines Insurance Company -Policy #G71744097-007 -Effective 10/1/25 -10/1/26 Cyber Liability -Travelers Excess and Surplus Lines Co -Policy #CYB108158472-01 -Effective 3/18/26 -10/1/2026 -Limit:$5,000,000 Orange County,its officers,agents and employees are included as additional insured with respect to the general liability,automobile liability,and umbrella See Attached... Orange County 300 West Tryon Street P.O.Box 8181 Hillsborough NC 27278 THIS CERTIFICATE SUPERSEDES PREVIOUSLY ISSUED CERTIFICATE Docusign Envelope ID: F9219C15-7734-8BC1-823F-A09B8D5DB43E