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PGMP including schedule of values for cost of the work and General Conditions dated 3/7/2017, and incorporated herein by reference the contract for Pre -Construction Services dated 3/16/2017 . 2. For the sums set forth in the Construction Manager at Risk's fee proposal (or any subsequently amended fee agreement), the Construction Manager at Risk undertakes to act as the Owner's fiduciary (N.C.G.S.143-128.1) and to furnish professional construction management services during the construction of the Project. The providing of the Construction Manager at Risk services shall be in compliance with the requirements of the Request for Proposal (including all its appendices and attachments) and the Construction Manager at Risk's proposal (Hereinafter, together: the Contract Documents). To the extent that any term, requirement, or specification in the Construction Manager at Risk's proposal shall be in conflict with the Request for Proposal, the terms, requirements, and specifications of the Request for Proposal shall control and the conflicting contents of the Construction Manager at Risk's proposal shall be deemed surplussage except where provided otherwise. 4. Upon completion of the bidding of all subcontract work packages, the Cost of the Work shall become the sum total of all subcontract packages as proposed to be awarded to the lowest responsible, responsive bidders and shall be compared to the Cost of the Work set forth in paragraph 7 of this agreement. If the sum of all subcontract packages is less than the Cost of the Work set forth on paragraph 7, a reserve fund will be established in accordance with Section II, Paragraph H.2.1 of the Owner's Request for Proposal and the Preliminary Guaranteed Maximum Price will become the Final Guaranteed Maximum Price. If the sum of all subcontract packages is greater than the Cost of the Work set forth in paragraph 7, the Owner, Designer and Construction Manager at Risk will negotiate to reduce the Cost of the Work to the amount set forth in paragraph 7. The Owner reserves the option to make additional funds available to cover some or all of the difference between the sum of all subcontract packages and Cost of the Work set forth in paragraph 7. In the event that additional funds are added, a change order to this contract will be executed to establish the Fixed Guaranteed Maximum Price. No changes will be made to the Construction Manager at Risk Construction Management Fee or CM Contingency. Adjustments needed for bonds and insurance will be made as determined by the Cost of the Work. That the Construction Manager at Risk shall commence provision of construction phase services under this agreement on a date to be specified in a written order of the Owner and shall fully complete all services hereunder and accomplish the final completion of the project within 413 consecutive calendar days from the date of Notice to Proceed. The Construction Manager at Risk shall furnish to the Owner various schedules as provided in the Contract Documents setting forth planned progress of the project broken down by the various divisions or part of the work and by calendar days. If the Construction Manager at Risk fails to begin the work under the contract within the time specified, or the progress of the work is not maintained on schedule, or the work is not completed 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 Construction Manager at Risk shall become insolvent or be declared bankrupt or commit any act of bankruptcy or insolvency, or allow any final judgment to stand against him unsatisfied for a period of forty-eight (48) 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 ruxy��iYa��mee,zm G-3 Page 191