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Page | 2 <br />Revised 12/24 <br /> <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 /> <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 /> <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 est ablish 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 /> <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 tr ade meaning shall be so <br />interpreted in preference to other meanings. <br /> <br />2. DEFINITIONS <br /> <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 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 t hat he has <br />received a copy of the Design Contract between the Owner and Project Designer. <br /> <br /> <br />Docusign Envelope ID: 5A9E3BC2-EAE1-4C35-82D9-B4D6A375FA78