2018-325-E AMS - Bordeaux Construction Co. Northern Campus construction

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DocuSign Envelope ID: 04E136D1 -507C- 4219- BF16- 446F8D2192F8 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 progress 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 aesthetic) 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. 2.20. "Pre- Construction Services" shall mean services furnished by the CMAR as described in the CMAR's Proposal, including the creation of a target schedule. 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. CMAR shall be entitled to a Pre - Construction Services fee of $85,000 for Pre - Construction Services as described in the CMAR Proposal dated June 29, 2018. This Pre - Construction Services fee shall be included within the GMP. Should the Board fail to approve the GMP, thus ending the Project, or should the Project be terminated or discontinued for any other reason the CMAR shall remain entitled to the fee for Pre - Construction Services, but not the CMAR Fee. 3.2. Provided that the Total Construction Budget remains $24,400,000, the CMAR Fee shall not exceed $915,000, subject to modification and limitation as set forth herein. If the Owner changes the Total Construction Budget, the CMAR Fee shall not exceed three and three quarter percent (3.75 %) 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. Page 4 of 53 Revised 10/17