2025-207-E-AMS-Gilban crisis diversion-Master WC GL AutoXS-10M

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Page | 4 Revised 12/24 2.13. “Liquidated Damages”, as stated in the Contract Documents, is an amount reasonably estimated in advance to cover the losses incurred by the Owner by reason of failure of the CMAR to complete the Work within the time specified. 2.14. “Surety”, as used herein, shall mean the bonding company or corporate body which is bound with and for the CMAR, and which engages to be responsible for the CMAR and its acceptable performance of the Work. 2.15. “Request for Information” (RFI) is a request from the CMAR seeking an interpretation or clarification by the Project Designer relative to the Contract Documents. The RFI, which shall be labeled (RFI), shall clearly and concisely set forth the issue or item requiring clarification or interpretation and why the response is needed. The RFI must set forth the CMAR’s interpretation or understanding of the Contract Documents requirements in question, along with reasons for such an understanding. 2.16. “Inspection” shall mean examination or observation of Work completed or in progr ess to determine its compliance with the Contract Documents. 2.17. “Equal to” or “approved equal” shall mean materials, products, equipment, assemblies, or installation methods considered equal by the bidder in all characteristics (physical, functional, and aesthetic) to those specified in the Contract Documents. 2.18. “Substitution” or “substitute” shall mean materials, products, equipment, assemblies, or installation methods deviating in at least one characteristic (physical, functional, or aestheti c) from those specified, but which in the opinion of the bidder would improve competition and/or enhance the finished installation. 2.19. “Provide” or “provides” shall mean furnished or furnished and installed by the CMAR or its Subcontractors as more fully described in the Contract Documents. 3. CMAR CONSTRUCTION FEE AND GENERAL CONDITIONS COSTS 3.1. The CMAR shall be entitled to payment of a fee (the CMAR Fee) for its services on the Project, and shall be entitled to reimbursement of costs as set forth herein, all within the Total Construction Budget as adjusted by the Orange County Board of Commissioners (the “Board”) in accordance with 2.76 above. 3.2. Provided that the Total Construction Budget remains $ , the CMAR Fee shall not exceed $ , subject to modification and limitation as set forth herein. If the Owner changes the Total Construction Budget, the CMAR Fee shall not exceed three percent (3%) of the sum of (i) the Cost of the Work, (ii) the CMAR-GMP Contingency, and (iii) the CMAR General Conditions, (but not including the Early Completion Bonus Fund) all as more fully defined in this Contract, as of the date when the final GMP is established and approved by the Owner, subject to modification and limitation as set forth herein. The CMAR Fee will include all CMAR home office personnel costs, including officers as well as home office and local office support staff not included in General Conditions below, together with all other CMAR overhead costs and profit. This Fee shall also include all home office quality control and safety reviews, as well as all required services of a home office Project executive, by whatever name called. CMAR costs which are not to be included in the CMAR Fee are the costs of all Subcontracts, on-site field staff, General Conditions costs (as provided below), and the CMAR-GMP Contingency described below. 3.3. When a GMP is established and approved for a defined phase of the Work, the CMAR Fee for that GMP shall be converted to a lump sum and be included in the GMP. When the final GMP is established and approved, the CMAR agrees that the cumulative CMAR Fee shall not exceed the maximum amount set forth above in paragraph 3.2, and shall not cause the final GMP to exceed the Total Construction Budget approved by the Owner. Thereafter, the CMAR Fee shall not be Docusign Envelope ID: 5A9E3BC2-EAE1-4C35-82D9-B4D6A375FA78