RFP - CONSTRUCTION MANAGER AT RISK (CMAR) ALPINE COMMUNITY PARK

This agreement ("Agreement") is made and entered into on _____________, 20XX by and between the County of San Diego, a political subdivision of the State of California ("County"), and XXX, a California corporation ("Contractor"), with reference to the following facts:

The County, by action of the Board of Supervisors on December 6th, 2023, Minute Order No.8, authorized the Director of Purchasing and Contracting to award a Construction Manager At Risk contract for Alpine Community Park Part 1, Alpine, California ("Project").

Contractor shall provide all Work required by the Contract Documents. Contractor agrees to do additional work arising from changes ordered by the County pursuant to the General Conditions. The Work will be performed in a Base Scope and potentially one or more Contract Options. The Base Scope and each Contract Option will have phases identified as follows:

• Phase 1 Pre-Construction Services
• Phase 2 Construction

The County in its sole discretion may require the performance of the Work under Phase 2 by exercising its option, in writing, directing the Contractor to proceed with performance under Phase 2. [...] At County's sole discretion, the Work under Phase 2 may be further divided into phasing component options that the County may exercise independently.

The total of the Phase 1 Sum and the Phase 2 Sum may not exceed the following, each a "Budget Not-To-Exceed" or "Budget NTE": Base Scope - Alpine Community Park Part 1, Budget NTE **$13,283,177.40**.

Base Scope - Alpine Community Park Part 1, Phase 1 Pre-Construction Time 120 calendar days.

Base Scope - Alpine Community Park Part 1, Phase 2 Construction Time 628 calendar days.

Time is of the essence. If Contractor fails to complete the Work within the Contract Time, Contractor shall pay to the County, as liquidated damages and not as a penalty, the sum of the following for each day after the expiration of the Contract Time that the Work remains incomplete: Base Scope - Alpine Community Park Part 1, Liquidated Damages of $9,500.00 per day. After Substantial Completion, the rate for liquidated damages shall be reduced to the sum of the following. Base Scope - Alpine Community Park Part 1, Liquidated Damages of $950.00 per day.