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LJUI.Ualyl I m Ivt Ilupv ILJ. UUULJ I LJOr-FLOC-YL I U-MJLJU-LJOOF J k-JOUCMI. <br /> l <br /> 7 <br /> 2.34 "FIR" means the field inspection review which is the plan review where the Plans and Specifications <br /> are at the percent completed specified in the Bid Package. <br /> 2.35 "Fixed Limit of Construction Cost" is the dollar amount available for the total cost for performance of <br /> all LLTP CAPs and Construction CAPs as designed or specified by the Design Consultant. <br /> 2.36 "FOR" means the final office review which is the plan review where the Plans and Specifications are <br /> at the percent completed specified in the Bid Package. <br /> 2.37 "Health and Safety Plan" means a site specific safety and health plan to protect workers, staff, and <br /> visitors that protects their health and safety. <br /> 2.38 "Independent Cost Estimate" means an estimate that is conducted with the Project design and <br /> construction information independent of the Principal Representative, Design Consultant and the <br /> Contractor. <br /> 2.39 "Independent Cost Estimator" or"ICE" means the designee of the Principal Representative tasked to <br /> perform the Independent Cost Estimate. <br /> 2.40 "Innovation Tracking and Performance Report" means a report that tracks all innovations offered by <br /> Contractor, Principal Representative, and Design Consultant team members. It also tracks the <br /> performance of these innovations during any Construction Phase or LLTP of the Project. <br /> 2.41 "Instruments of Service" means all documents produced by the Design Consultant, including plans, <br /> Specifications, Drawings, opinions, reports, and calculations, which have historically been treated <br /> as intellectual property belonging to the Design Consultant that created it. <br /> 2.42 "LLTP" means long lead-time procurements which must be ordered and/or procured in advance of <br /> the Construction Phase for which it shall be used. <br /> 2.43 "LLTP CAP" means the maximum amount for which any LLTP shall be procured and it shall be <br /> computed by the Contractor in accordance with the provisions of Section 9.5, Construction Agreed <br /> Price. The CM/GC Management Price Percentage is applied to all LLTP CAP proposals. For any <br /> LLTP CAP to be accepted by the Principal Representative, the Owner's Estimate and the <br /> Contractor's 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 /> 2.44 "Key Personnel" means the listed personnel in the Project Management Team/Capability in <br /> "Contractor's Proposal" which is part of the Proposal that constitutes an agreement by the <br /> Contractor to make the personnel available to complete the Work at whatever level the Project <br /> requires pursuant to Exhibit A. <br /> 2.45 "Material Sourcing Plan"means the plan that details how the Contractor will handle bids from material <br /> vendors for any LLTP CAP or Construction CAP proposals. This plan is part of the open Cost <br /> Model required as part of any Bid Package development. <br /> 2.46 "Milestone" means a point in the Preconstruction Phase where Plans, Specifications, and estimates <br /> are at an agreed completion point. Milestone examples include FIR, FOR, and LLTP CAP or <br /> Construction CAP proposals. <br /> 2.47 "Modification" includes (1) a written Amendment to this Agreement signed by both parties, (2) a <br /> Change Order, or (3) a written interpretation issued by the Principal Representative pursuant to <br /> Section 4.3, Interpretations. <br /> 2.48 "Notice" shall mean any communication in writing from either contracting Party to the other by such <br /> means of delivery that receipt cannot be properly denied. <br /> Page 8 of 75 <br />