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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 /> t <br /> 3 . CMAR CONSTRUCTION FEE AND GENERAL CONDITIONS COSTS <br /> I <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 a <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 E <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 /> i <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 /> s <br /> s <br />