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5 <br /> 1.3. The CMAR shall familiarize itself with all available Project funding and Work with the Owner and <br /> Project Designer to maximize the scope and quality of the Project based upon the available funds. <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 (attached as Appendix A),bonds, <br /> and all amendments hereto (hereinafter, together: the "Contract Documents"). To the extent any <br /> term, requirement, or specification in the CMAR's proposal shall be in conflict with any term, <br /> requirement, or specification of any other document or item contained in the Contract Documents, <br /> the terms,requirements, and specifications of the other document or item contained in the Contract <br /> Documents shall control and the conflicting contents of the CMAR's proposal and supporting <br /> 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 /> Designer,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 unless designated otherwise in writing. <br /> shall be the primary channel of communication to the Owner and shall act as the Owner's <br /> liaison with the CMAR. The Owner's Representative may designate multiple representatives <br /> responsible for defined aspects of the Project, and may replace or re-designate any or all multiple <br /> representatives. In the event of any disagreement or dispute between any members of the Project <br /> Team regarding the Project, the Owner's Representative shall be the final decision making <br /> authority, subject to written appeal by either party to the Owner and dispute resolution procedures <br /> 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 of , NC as the Project Designer with of and <br /> of as consultants (Refer to the RFQ Data Sheet). The Project Designer will provide all <br /> design services throughout the duration of the Project. The CMAR acknowledges that he has <br /> received a copy of the Design Contract between the Owner and Project Designer. <br /> 2.4. The"Construction Manager at Risk"(CMAR)is the Owner's fiduciary responsible for undertaking <br /> all necessary action contemplated under the Contract Documents to (a) establish during the design <br /> phase a Guaranteed Maximum Price (GMP) to construct the Project and (b) ensure timely and <br /> quality completion of the Project at a cost within the GMP. CM or CMAR as used in the Contract <br /> Documents means Construction Manager at Risk(CMAR). <br /> Page 2 of 52 <br /> Revised 12/24,4/25 <br />