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Page 3 of 53
<br />5-2-25
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<br />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.
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<br />2.6. 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 TBD, the Total
<br />Construction Budget will not be allowed to exceed $TBD. The Owner reserves the right to adjust
<br />the Total Construction Budget at any time prior to agreement on the final GMP.
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<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.
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<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.
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<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.
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<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.
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<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.
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<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.
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<br />2.13. “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.
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<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.
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<br />Docusign Envelope ID: 5A9E3BC2-EAE1-4C35-82D9-B4D6A375FA78
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