2021-02-23_PERMIT FILE - M2021014 (3)

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Ll UI.U01YI I CI I VCIUFIC IU. .`7V VL.I I L 0E-I�LOC-4L I U-MJU V-UDOr/IiUOVCMIi 2.77 "Termination Claim" means a claim that results from termination of this Agreement pursuant to section 108.10 of the Standard Specifications or Article 16, Principal Representative's Right to Terminate Contract, of this Agreement. 2.78 "Termination Date" means the date this Agreement shall terminate, which is June 30, 2022, unless sooner terminated or further extended as specified elsewhere herein. 2.79 "Value Engineering" means a study or activity that helps to design and provide deliverables that meet the customer needs at the lowest cost while assuming a standard of quality and reliability. 2.80 "Work" means the CM/GC Services and all LLTPs required by the Contract Documents, whether completed or partially completed, and includes all other labor, materials, equipment and services provided or to be provided by the Contractor to fulfill the Contractor's obligations. The Work may constitute the whole or a part of the Project. 2.81 "Worker and Public Safety Plan" means the report detailing how the Contractor will provide a safe work site and provide safety for the travelling public. 2.82 "Working Day" means any day, exclusive of Saturdays, Sundays, and State and federal recognized holidays, on which weather and other conditions not under the control of the Contractor will permit construction operations to proceed with the normal working force engaged in performing those items controlling the completion of the Work. ARTICLE 3. CONTRACTOR'S SERVICES The Contractor shall perform the following services under this Agreement described below: 3.1 COMPLETION WITHIN FISCAL AND TIME CONSTRAINTS 3.1.1 The Contractor expressly recognizes that this Project is being undertaken on an accelerated basis and must be completed within the time and fiscal constraints as set forth throughout this Agreement and its Exhibits. The Contractor further represents to the Principal Representative that by executing this Agreement, it has been fully informed and has thoroughly reviewed: the goals of the Project; the work effort of the Design Consultant performed to date for the Project; all of this Agreement's Exhibits and Contract Documents, specifically including, but not limited to, Exhibit A, Contractor's Preconstruction Roles and Responsibilities Matrix; has been informed of the Principal Representative's general time as well as fiscal constraints and contingencies applicable to the Fixed Limit of Construction Cost; and all of the CM/GC Services and LLTPs to be provided by the Contractor pursuant to the Contract Documents. Based upon this review and analysis and recognizing that the contract for Design Services is between the Principal Representative and the Design Consultant, the Contractor nonetheless represents to the Principal Representative that it shall provide all the necessary services and perform all of the Work within the requirements of the Contract Documents. 3.1.2 To accomplish the objectives set forth in Section 3.1.1, Completion Within Fiscal and Time Constraints, the Contractor shall provide consultation throughout the Preconstruction Work Package, but not limited to, the furnishing of all necessary CM/GC Services and LLTPs. In cooperation with the Design Consultant and Principal Representative, the Contractor shall: 1. Review all as-builts, current design, and site conditions. 2. Attend the Project Scoping Workshop. Page 11 of 75