Orange County NC Website
DocuSign Envelope ID: 04E136D1 -507C- 4219- BF16- 446F8D2192F8 <br />1.4. The performance of the CMAR's services shall be in strict compliance with this Contract, the Fee <br />Proposal, the RFQ (including all its requirements, general conditions, appendices, and <br />attachments), the CMAR's Proposal, the Orange County Minority and Women Owned Business <br />Enterprise ( "MWBE ") policy approved by the Owner on December 6, 2001 (attached as Appendix <br />A), bonds, and all amendments hereto (hereinafter, together: the "Contract Documents "). To the <br />extent any term, requirement, or specification in the CMAR's proposal shall be in conflict with any <br />term, requirement, or specification of any other document or item contained in the Contract <br />Documents, the terms, requirements, and specifications of the other document or item contained in <br />the Contract Documents shall control and the conflicting contents of the CMAR's proposal and <br />supporting documents shall be deemed surplusage. <br />1.5. The drawings and specifications for the Project shall be considered complementary, one to the <br />other. That which is shown on the drawings or called for in the specifications shall be as binding as <br />if it were both called for and shown. The intent of the drawings and specifications is to establish the <br />scope of all labor, materials, transportation, equipment, and any and all other things necessary to <br />provide a complete job. In case of discrepancy or disagreement in the Contract Documents, the <br />order of precedence shall be: Contract Documents, Project Designer's specifications, large -scale <br />detail drawings, and small -scale drawings. <br />1.6. The wording of the specifications shall be interpreted in accordance with common usage of the <br />language except that words having a commonly used technical or trade meaning shall be so <br />interpreted in preference to other meanings. <br />2. DEFINITIONS <br />2.1. The "Project Team," "Project Design Team," or "Design Team" consists of the Owner, the Project <br />Designers, the CMAR and others as identified in the RFQ. <br />2.2. The "Owner" is Orange County. The Owner in its sole discretion shall designate an Owner's <br />Representative who shall be the CMAR's Owner contact point during both the Pre- Construction <br />and Construction Phases. This representative is Bonnie Hammersley unless designated otherwise in <br />writing. The Owner's Representative shall be the primary channel of communication to the Owner <br />and shall act as the Owner's liaison with the CMAR. The Owner's Representative may designate <br />multiple representatives responsible for defined aspects of the Project, and may replace or re- <br />designate any or all multiple representatives. In the event of any disagreement or dispute between <br />any members of the Project Team regarding the Project, the Owner's Representative shall be the <br />final decision making authority, subject to written appeal by either party to the Owner and dispute <br />resolution procedures incorporated herein <br />2.3. The "Designer" or "Project Designer" means the firm or firms of architects or engineers or both <br />(and their consultants and/or subcontractors) which have undertaken to design the Project pursuant <br />to a contract with the Owner, (hereinafter, the "design contract" or "design agreement "). The <br />Owner has retained Moseley Architects of Charlotte, NC as the Project Designer for the Northern <br />Campus site and Detention Center components, and HH Architects of Raleigh, NC as the Project <br />Designer for the Environment and Agriculture Center that includes the Park Operations Base <br />components (Refer to the RFQ Data Sheet). The Project Designer will provide all design services <br />throughout the duration of the Project. The CMAR acknowledges that he has received a copy of the <br />Design Contract between the Owner and Project Designers. <br />Page 2 of 53 <br />Revised 10/17 <br />