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Page 2 of 53 <br />5-2-25 <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 04/15/2025 (attached as Appendix A), <br />bonds, and all amendments hereto (hereinafter, together: the “Contract Documents”). To the extent <br />any 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 Alan Dorman unless designated otherwise in <br />writing. Alan Dorman shall be the primary channel of communication to the Owner and shall act as <br />the Owner’s liaison with the CMAR. The Owner’s Representative may designate multiple <br />representatives responsible for defined aspects of the Project, and may replace or re-designate any <br />or all multiple representatives. In the event of any disagreement or dispute between any members <br />of the Project Team regarding the Project, the Owner’s Representative shall be the final decision <br />making authority, subject to written appeal by either party to the Owner and dispute resolution <br />procedures 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 CPL Architecture of Charlotte, NC as the Project Designer with Timmons <br />Group of North Carolina and Palacio of North Carolina as consultants (Refer to the RFQ Data <br />Sheet). The Project Designer will provide all design services throughout the duration of the Project. <br />The CMAR acknowledges that he has received a copy of the Design Contract between the Owner <br />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 />Docusign Envelope ID: 5A9E3BC2-EAE1-4C35-82D9-B4D6A375FA78