Orange County NC Website
Browse       Search
7 <br /> 2.15. "Request for Information" (RFI) is a request from the CMAR seeking an interpretation or <br /> clarification by the Project Designer relative to the Contract Documents.The RFI,which shall be <br /> labeled (RFI), shall clearly and concisely set forth the issue or item requiring clarification or <br /> interpretation and why the response is needed. The RFI must set forth the CMAR's interpretation <br /> or understanding of the Contract Documents requirements in question, along with reasons for such <br /> an understanding. <br /> 2.16. "Inspection"shall mean examination or observation of Work completed or in progress to determine <br /> its compliance with the Contract Documents. <br /> 2.17. "Equal to" or "approved equal" shall mean materials, products, equipment, assemblies, or <br /> installation methods considered equal by the bidder in all characteristics (physical, functional, and <br /> aesthetic)to those specified in the Contract Documents. <br /> 2.18. "Substitution"or"substitute"shall mean materials,products,equipment,assemblies,or installation <br /> methods deviating in at least one characteristic (physical, functional, or aesthetic) from those <br /> specified, but which in the opinion of the bidder would improve competition and/or enhance the <br /> finished installation. <br /> 2.19. "Provide" or "provides" shall mean furnished or furnished and installed by the CMAR or its <br /> Subcontractors as more fully described in the Contract Documents. <br /> 3.CMAR CONSTRUCTION FEE AND GENERAL CONDITIONS COSTS <br /> 3.1. The CMAR shall be entitled to payment of a fee (the CMAR Fee) for its services on the Project, <br /> and shall be entitled to reimbursement of costs as set forth herein, all within the Total Construction <br /> Budget as adjusted by the Orange County Board of Commissioners (the "Board") in accordance <br /> with 2.76 above. <br /> 3.2. Provided that the Total Construction Budget remains $ , the CMAR Fee shall not exceed $ <br /> , subject to modification and limitation as set forth herein. If the Owner changes the Total <br /> Construction Budget,the CMAR Fee shall not exceed three percent(3%)of the sum of(i)the Cost <br /> of the Work, (ii)the CMAR-GMP Contingency, and(iii)the CMAR General Conditions, (but not <br /> including the Early Completion Bonus Fund) all as more fully defined in this Contract, as of the <br /> date when the final GMP is established and approved by the Owner, subject to modification and <br /> limitation as set forth herein. The CMAR Fee will include all CMAR home office personnel costs, <br /> including officers as well as home office and local office support staff not included in General <br /> Conditions below, together with all other CMAR overhead costs and profit. This Fee shall also <br /> include all home office quality control and safety reviews, as well as all required services of a <br /> home office Project executive,by whatever name called. CMAR costs which are not to be included <br /> in the CMAR Fee are the costs of all Subcontracts, on-site field staff, General Conditions costs(as <br /> provided below),and the CMAR-GMP Contingency described below. <br /> 3.3. When a GMP is established and approved for a defined phase of the Work,the CMAR Fee for that <br /> GMP shall be converted to a lump sum and be included in the GMP. When the final GMP is <br /> established and approved, the CMAR agrees that the cumulative CMAR Fee shall not exceed the <br /> maximum amount set forth above in paragraph 3.2,and shall not cause the final GMP to exceed the <br /> Total Construction Budget approved by the Owner. Thereafter, the CMAR Fee shall not be <br /> adjusted unless cumulative Owner requested Change Orders to the Work of the Project adjust the <br /> total Cost of the Work in the total cumulative GMP in excess of FIVE(5.0%)percent. The entire <br /> CMAR Fee at the time the final GMP is fixed, including all lump sum CMAR fees for each GMP <br /> for a defined phase of Work, shall not exceed the amount in 3.2 above. In the event an adjustment <br /> to the Fee is warranted under this paragraph, a lump sum adjustment to the Fee shall be equitably <br /> determined based on the nature of the changes to the Work,proven changes in the scope of services <br /> provided by the CMAR, and any other factor that would affect the effort and cost expended by the <br /> CMAR due to changes to the Work. <br /> Page 4 of 52 <br /> Revised 12/24,4/25 <br />