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2 . 5 . A " Subcontractor", as the term is used herein , shall include a general, mechanical, electrical , or
<br /> plumbing Subcontractor or other specialty Subcontractor, trade Subcontractor, supplier, or vendor
<br /> who has entered into a direct contract with the CMAR, and includes one who furnishes labor,
<br /> materials, equipment or other services to complete Work in accordance with the drawings,
<br /> specifications and other plans for the Project. The term Subcontractor shall include, where
<br /> appropriate, sub-subcontractors .
<br /> 2060 The "Total Construction Budget" is first described in the RFQ Data Sheet, and consists of the Cost
<br /> of the Work, as more fully defined in section 4 below, the CMAR-GMP Contingency, as more
<br /> fully defined in section 5 below, the Early Completion Bonus Fund, if offered and made part of this
<br /> Contract, as more fully defined in section 24 below, the CMAR General Conditions, as more fully
<br /> defined in section 3 below, and the CMAR Fee, as more fully defined in section 3 below . Upon
<br /> approval by the Owner of the Total Construction Budget as presented on , the Total
<br /> Construction Budget will not be allowed to exceed $ . The Owner reserves the right to adjust
<br /> the Total Construction Budget at any time prior to agreement on the final GMP .
<br /> 2 . 7 . The " Construction Documents" are the drawings, specifications and other plans for the Project
<br /> prepared by the Project Designer and approved in writing by the Owner' s Representative, which
<br /> define the scope of the work. The Contract Documents define terms and conditions . Bid packages
<br /> or other materials prepared by the CMAR to contract with Subcontractors, while they might
<br /> incorporate all or part of the Contract Documents and the Construction Documents, shall not be
<br /> deemed part of nor shall they modify the Contract Documents or the Construction Documents for
<br /> purposes of this Contract.
<br /> 2 . 8 . Any "notice" as referenced or required herein shall be in writing, signed by an authorized agent of
<br /> the party providing notice, and shall be delivered as provided in Section 53 . 1 .
<br /> 2 . 9 . "Work" , as used herein as a noun, is intended to include materials, labor, and workmanship
<br /> provided by the CMAR and its Subcontractors to carry out the scope indicated in the Construction
<br /> Documents .
<br /> 2 . 10 . The "Project" is the total construction Work to be performed under the Contract Documents,
<br /> whether performed by the CMAR and its Subcontractors, by the Owner, or by the Owner' s separate
<br /> contractors .
<br /> 2 . 11 . " Change Order", as used herein, shall mean a written order to the CMAR subsequent to the signing
<br /> of the Contract authorizing a change in the Contract. The Change Order shall be signed by the
<br /> CMAR, Project Designer, and the Owner.
<br /> 2 . 12 . "Field Order", as used herein, shall mean a written approval for the CMAR to proceed with the
<br /> Work requested by Owner prior to issuance of a formal Change Order. The field order shall be
<br /> signed by the CMAR, Project Designer, and Owner ' s Representative .
<br /> 2013 . "Liquidated Damages", as stated in the Contract Documents, is an amount reasonably estimated in
<br /> advance to cover the losses incurred by the Owner by reason of failure of the CMAR to complete
<br /> the Work within the time specified .
<br /> 2 . 14 . " Surety", as used herein, shall mean the bonding company or corporate body which is bound with
<br /> and for the CMAR, and which engages to be responsible for the CMAR and its acceptable
<br /> performance of the Work.
<br /> Page 3 of 52
<br /> Revised 12/24, 4/25
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