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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 /> 2026 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 />