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LJVI.UJi II CI IVCILIyv mi..7Vuu ILJ or'I.iLOCWL Iu-ma JV'LJDOr!I,joui= ,_, <br /> 1 <br /> with such recognized meanings. Numerous exhibits to be developed over a period of time are to <br /> be also attached to and made a part of the Contract Documents, some of which may be in conflict <br /> with other exhibits or portions of this Agreement. <br /> 1.9 Federal Requirements - Notwithstanding anything to the contrary contained herein, in the event of <br /> any conflict between any Federal Requirement and the other requirements of the Contract <br /> Documents, the Federal Requirements shall prevail, take precedence and be in force over and <br /> against any such conflicting provisions. <br /> ARTICLE 2. DEFINITIONS <br /> 2.1 "Agreement" or"Contract" is this written standard construction manager/general contractor services <br /> agreement entered into by the Principal Representative and the Contractor for the performance <br /> of the Work and payment therefore. <br /> 2.2 "Amendment" means a written change to this Agreement signed by the Contractor, the State <br /> Controller, and the Principal Representative, or its authorized agent, issued after the Effective <br /> Date of this Agreement, authorizing a change in the Work, the method or manner of performance, <br /> an adjustment in the Fixed Limit of Construction Cost, Contract Sum, the Contractor's CM/GC <br /> Pre-Construction Fee, or the Term, which can only be changed by Amendment. An Amendment <br /> may be executed using a form attached to this Agreement as Exhibit D and approved by the <br /> Contractor and Principal. <br /> 2.3 "Bid Package" means a substantially complete Plans, Specifications, and Estimate package from <br /> which a CAP proposal could be prepared for LLTP or any Construction Phase and which Bid <br /> Package may be advertised through the CDOT low bid procurement process. <br /> 2.4 "Bid Item Pricing" means the prices per unit shown in Contractor's Price Proposal as provided in <br /> Exhibit C including Scoring Form B-3: CM/GC Price Proposal,delivered by Contractor to Principal <br /> Representative via email on September 4, 2020. <br /> 2.5 "CDOT" means the Colorado Department of Transportation, which is the Principal Representative. <br /> 2.6 "CM/GC Management Price Percentage" means the fee percentage to be applied to all LLTP CAP <br /> and Construction CAP proposals equal to the amount of profit, overhead, and construction general <br /> conditions as listed in Exhibit C of the Proposal. <br /> 2.7 "CM/GC Services" means the services performed by Contractor as specified in Section 3.1.2, <br /> Completion within Fiscal and Time Constraints. <br /> 2.8 "CM/GC Construction Contract" means the contract between the Principal Representative and the <br /> General Contractor to perform construction activities for any approved Construction CAP. <br /> 2.9 "Constructability Report" means a written report that reviews each Bid Package at agreed upon <br /> Milestones for constructability and feasibility, which includes, but is not limited to, a brief cost and <br /> risk analysis with regards to constructability. <br /> 2.10 "Construction CAP" or "CAP" means the maximum amount for which all Work required for each <br /> Construction Phase, excepting LLTP (see definition below "LLTP CAP", shall be accomplished <br /> (including the CM/GC Management Price Percentage)and it shall be computed by the Contractor <br /> in accordance with the provisions of Section 9.5, Construction Agreed Price. For any Construction <br /> CAP to be accepted by the Principal Representative, the Owner's Estimate and the Contractor's <br /> Construction CAP must be within a percentage acceptable to the Principal Representative, which <br /> shall be demonstrated by the Principal Representative's issuance of a "CAP Acceptance Letter" <br /> to Contractor. <br /> Page 4 of 75 <br />