Common use of Determination of GMP Clause in Contracts

Determination of GMP. 6.4.1 CM/GC shall deliver to Owner a proposed GMP and GMP Supporting Documents at a time designated by Owner during the Preconstruction Phase. If any actual subcontract Offers are available at the time the GMP is being established, CM/GC shall use those subcontract Offers in establishing the GMP. 6.4.2 As the Plans and Specifications may not be developed to the stage of biddable design documents at the time the GMP proposal is prepared, the CM/GC shall provide in the GMP for further development of the Plans and Specifications by the Architect that is consistent with the Contract Documents and reasonably inferable therefrom. Such further development does not include such things as changes in scope, systems, kinds and quality of materials, finishes or equipment, all of which, if required, shall be incorporated by Change Order or Amendment with a corresponding GMP adjustment. 6.4.3 The CM/GC shall include with its GMP proposal a written statement of its basis (the "GMP Supporting Documents"), which shall include: (a) A list of the Plans and Specifications, including all addenda thereto and the conditions of the Contract, which were used in preparation of the GMP proposal. (b) A list of allowances and a statement of their basis. (c) A list of the clarifications and assumptions made by the CM/GC in the preparation of the GMP proposal to supplement the information contained in the Plans and Specifications. (d) The proposed GMP, including a statement of the estimated cost organized by trade categories, allowances, contingency, and other items and the associated fees that comprise the GMP. (e) The Date of Substantial Completion upon which the proposed GMP is based, and a schedule of the Construction Documents issuance dates upon which the date of Substantial Completion is based. 6.4.4 The CM/GC shall meet with the Owner and Architect to review the GMP proposal and the written statement of its basis. If the Owner or Architect discovers any inconsistencies or inaccuracies in the information presented, they shall promptly notify the CM/GC, who shall make appropriate adjustments to the GMP proposal, its basis or both. 6.4.5 Prior to the Owner's acceptance of the CM/GC's GMP proposal and issuance of a Notice to Proceed, the CM/GC shall not incur any cost to be reimbursed as part of the Cost of the Work, except as specifically provided in an Early Work Amendment. 6.4.6 The Owner shall authorize and cause the Architect to revise the Plans and Specifications to the extent necessary to reflect the agreed-upon assumptions and clarifications contained in the GMP Amendment. Such revised Plans and Specifications shall be furnished to the CM/GC in accordance with schedules agreed to by the Owner, Architect and CM/GC. The CM/GC shall promptly notify the Architect and Owner if such revised Plans and Specifications are inconsistent with the agreed-upon assumptions and clarifications. 6.4.7 The GMP shall include in the Estimated Cost of the Work only those taxes which are enacted at the time the GMP is established. 6.4.8 The Estimated Cost of the Work shall include the CM/GC's contingency, a sum established by the CM/GC for the CM/GC's exclusive use to cover additional development of Plans and Specifications and unanticipated costs and unforeseen conditions which are properly reimbursable as Cost of the Work but which are not the basis for a Change Order. 6.4.9 The CM/GC shall work with the Architect and Owner to identify and confirm components and systems not specifically shown but required for a complete, fully functional Project. Owner will direct the Architect to complete the final Construction Documents in accordance with the Project scope agreed upon by all parties at the time the GMP is established. 6.4.10 Notwithstanding the level of detail represented in the GMP Supporting Documents, the CM/GC shall represent and warrant, at the time that it submits the GMP, that the GMP includes the entire cost of all components and systems required for a complete, fully functional facility. 6.4.11 In developing the GMP, the CM/GC shall include and identify such contingencies within the GMP as may be necessary to pay for unanticipated costs and unforeseen conditions that are required for a complete, fully functional facility.

Appears in 6 contracts

Samples: Cm/Gc Contract, Construction Manager/General Contractor Contract, Construction Manager/General Contractor Contract

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Determination of GMP. 6.4.1 CM/GC shall deliver to Owner a proposed GMP and GMP Supporting Documents at a time designated by Owner during the Preconstruction Phase. If any actual subcontract Offers are available at the time the GMP is being established, CM/GC shall use those subcontract Offers in establishing the GMP. 6.4.2 As the Plans and Specifications may not be developed to the stage of biddable design documents at the time the GMP proposal is prepared, the CM/GC shall provide in the GMP for further development of the Plans and Specifications by the Architect Design Team that is consistent with the Contract Documents and reasonably inferable therefrom. Such further development does not include such things as changes in scope, systems, kinds and quality of materials, finishes or equipment, all of which, if required, shall be incorporated by Change Order or Amendment with a corresponding GMP adjustment. 6.4.3 The CM/GC shall include with its GMP proposal a written statement of its basis (the "GMP Supporting Documents"), which shall include: (a) A list of the Plans and Specifications, including all addenda thereto and the conditions of the Contract, which were used in preparation of the GMP proposal. (b) A list of allowances and a statement of their basis. (c) A list of the clarifications and assumptions made by the CM/GC in the preparation of the GMP proposal to supplement the information contained in the Plans and Specifications. (d) The proposed GMP, including a statement of the estimated cost organized by trade categories, allowances, contingency, and other items and the associated fees that comprise the GMP. (e) The Date of Substantial Completion upon which the proposed GMP is based, and a schedule of the Construction Documents issuance dates upon which the date of Substantial Completion is based. 6.4.4 The CM/GC shall meet with the Owner and Architect Design Team to review the GMP proposal and the written statement of its basis. If the Owner or Architect Design Team discovers any inconsistencies or inaccuracies in the information presented, they shall promptly notify the CM/GC, who shall make appropriate adjustments to the GMP proposal, its basis or both. 6.4.5 Prior to the Owner's acceptance of the CM/GC's GMP proposal and issuance of a Notice to Proceed, the CM/GC shall not incur any cost to be reimbursed as part of the Cost of the Work, except as specifically provided in an Early Work Amendment. 6.4.6 The Owner shall authorize and cause the Architect Design Team to revise the Plans and Specifications to the extent necessary to reflect the agreed-upon assumptions and clarifications contained in the GMP Amendment. Such revised Plans and Specifications shall be furnished to the CM/GC in accordance with schedules agreed to by the Owner, Architect Design Team and CM/GC. The CM/GC shall promptly notify the Architect Design Team and Owner if such revised Plans and Specifications are inconsistent with the agreed-upon assumptions and clarifications. 6.4.7 The GMP shall include in the Estimated Cost of the Work only those taxes which are enacted at the time the GMP is established. 6.4.8 The Estimated Cost of the Work shall include the CM/GC's contingency, a sum established by the CM/GC for the CM/GC's exclusive use to cover additional development of Plans and Specifications and unanticipated costs and unforeseen conditions which are properly reimbursable as Cost of the Work Work, but which are not the basis for a Change Order. 6.4.9 The CM/GC shall work with the Architect Design Team and Owner to identify and confirm components and systems not specifically shown but required for a complete, fully functional Project. Owner will direct the Architect Design Team to complete the final Construction Documents in accordance with the Project scope agreed upon by all parties at the time the GMP is established. 6.4.10 Notwithstanding the level of detail represented in the GMP Supporting Documents, the CM/GC shall represent and warrant, at the time that it submits the GMP, that the GMP includes the entire cost of all components and systems required for a complete, fully functional facility. 6.4.11 In developing the GMP, the CM/GC shall include and identify such contingencies within the GMP as may be necessary to pay for unanticipated costs and unforeseen conditions that are required for a complete, fully functional facility.

Appears in 2 contracts

Samples: Construction Manager/General Contractor Contract, Construction Manager/General Contractor (Cm/Gc) Contract

Determination of GMP. 6.4.1 CM/GC shall deliver to Owner a proposed GMP and GMP Supporting Documents at a time designated by Owner during the Preconstruction Phase. If any actual subcontract Offers are available at the time the GMP is being established, CM/GC shall use those subcontract Offers in establishing the GMP. 6.4.2 As the Plans and Specifications may not be developed to the stage of biddable design documents at the time the GMP proposal is prepared, the CM/GC shall provide in the GMP for further development of the Plans and Specifications by the Architect that is consistent with the Contract Documents and reasonably inferable therefrom. Such further development does not include such things as changes in scope, systems, kinds and quality of materials, finishes or equipment, all of which, if required, shall be incorporated by Change Order or Amendment with a corresponding GMP adjustment. 6.4.3 The CM/GC shall include with its GMP proposal a written statement of its basis (the "GMP Supporting Documents"), which shall include: (a) A list of the Plans and Specifications, including all addenda thereto and the conditions of the Contract, which were used in preparation of the GMP proposal. (b) A list of allowances and a statement of their basis. (c) A list of the clarifications and assumptions made by the CM/GC in the preparation of the GMP proposal to supplement the information contained in the Plans and Specifications. (d) The proposed GMP, including a statement of the estimated cost organized by trade categories, allowances, contingency, and other items and the associated fees that comprise the GMP. (e) The Date of Substantial Completion upon which the proposed GMP is based, and a schedule of the Construction Documents issuance dates upon which the date of Substantial Completion is based. 6.4.4 The CM/GC shall meet with the Owner and Architect to review the GMP proposal and the written statement of its basis. If the Owner or Architect discovers any inconsistencies or inaccuracies in the information presented, they shall promptly notify the CM/GC, who shall make appropriate adjustments to the GMP proposal, its basis or both. 6.4.5 Prior to the Owner's ’s acceptance of the CM/GC's ’s GMP proposal and issuance of a Notice to Proceed, the CM/GC shall not incur any cost to be reimbursed as part of the Cost of the Work, except as specifically provided in an Early Work Amendment. 6.4.6 The Owner shall authorize and cause the Architect to revise the Plans and Specifications to the extent necessary to reflect the agreed-upon assumptions and clarifications contained in the GMP Amendment. Such revised Plans and Specifications shall be furnished to the CM/GC in accordance with schedules agreed to by the Owner, Architect and CM/GC. The CM/GC shall promptly notify the Architect and Owner if such revised Plans and Specifications are inconsistent with the agreed-upon assumptions and clarifications. 6.4.7 The GMP shall include in the Estimated Cost of the Work only those taxes which are enacted at the time the GMP is established. 6.4.8 The Estimated Cost of the Work shall include the CM/GC's ’s contingency, a sum established by the CM/GC for the CM/GC's ’s exclusive use to cover additional development of Plans and Specifications and unanticipated costs and unforeseen conditions which are properly reimbursable as Cost of the Work but which are not the basis for a Change Order. 6.4.9 The CM/GC shall work with the Architect and Owner to identify and confirm components and systems not specifically shown but required for a complete, fully functional Project. Owner will direct the Architect to complete the final Construction Documents in accordance with the Project scope agreed upon by all parties at the time the GMP is established. 6.4.10 Notwithstanding the level of detail represented in the GMP Supporting Documents, the CM/GC shall represent and warrant, at the time that it submits the GMP, that the GMP includes the entire cost of all components and systems required for a complete, fully functional facility. 6.4.11 In developing the GMP, the CM/GC shall include and identify such contingencies within the GMP as may be necessary to pay for unanticipated costs and unforeseen conditions that are required for a complete, fully functional facility.

Appears in 2 contracts

Samples: Construction Manager/General Contractor Contract, Construction Manager/General Contractor Contract

Determination of GMP. 6.4.1 CM/GC shall deliver to Owner a proposed GMP and GMP Supporting Documents at a time designated by Owner during the Preconstruction Phase. If any actual subcontract Offers are available at the time the GMP is being established, CM/GC shall use those subcontract Offers in establishing the GMP.subcontract 6.4.2 As the Plans and Specifications may not be developed to the stage of biddable design documents at the time the GMP proposal is prepared, the CM/GC shall provide in the GMP for further development of the Plans and Specifications by the Architect that is consistent with the Contract Documents and reasonably inferable therefrom. Such further development does not include such things as changes in scope, systems, kinds and quality of materials, finishes or equipment, all of which, if required, shall be incorporated by Change Order or Amendment with a corresponding GMP adjustment. 6.4.3 The CM/GC shall include with its GMP proposal a written statement of its basis (the "GMP Supporting Documents"), which shall include: (a) A list of the Plans and Specifications, including all addenda thereto and the conditions of the Contract, which were used in preparation of the GMP proposal. (b) A list of allowances and a statement of their basis. (c) A list of the clarifications and assumptions made by the CM/GC in the preparation of the GMP proposal to supplement the information contained in the Plans and Specifications. (d) The proposed GMP, including a statement of the estimated cost organized by trade categories, allowances, contingency, and other items and the associated fees that comprise the GMP. (e) The Date of Substantial Completion upon which the proposed GMP is based, and a schedule of the Construction Documents issuance dates upon which the date of Substantial Completion is based. 6.4.4 The CM/GC shall meet with the Owner and Architect to review the GMP proposal and the written statement of its basis. If the Owner or Architect discovers any inconsistencies or inaccuracies in the information presented, they shall promptly notify the CM/GC, who shall make appropriate adjustments to the GMP proposal, its basis or both. 6.4.5 Prior to the Owner's acceptance of the CM/GC's GMP proposal and issuance of a Notice to Proceed, the CM/GC shall not incur any cost to be reimbursed as part of the Cost of the Work, except as specifically provided in an Early Work Amendment. 6.4.6 The Owner shall authorize and cause the Architect to revise the Plans and Specifications to the extent necessary to reflect the agreed-upon assumptions and clarifications contained in the GMP Amendment. Such revised Plans and Specifications shall be furnished to the CM/GC in accordance with schedules agreed to by the Owner, Architect and CM/GC. The CM/GC shall promptly notify the Architect and Owner if such revised Plans and Specifications are inconsistent with the agreed-upon assumptions and clarifications. 6.4.7 The GMP shall include in the Estimated Cost of the Work only those taxes which are enacted at the time the GMP is established. 6.4.8 The Estimated Cost of the Work shall include the CM/GC's contingency, a sum established by the CM/GC for the CM/GC's exclusive use to cover additional development of Plans and Specifications and unanticipated costs and unforeseen conditions which are properly reimbursable as Cost of the Work but which are not the basis for a Change Order. 6.4.9 The CM/GC shall work with the Architect and Owner to identify and confirm components and systems not specifically shown but required for a complete, fully functional Project. Owner will direct the Architect to complete the final Construction Documents in accordance with the Project scope agreed upon by all parties at the time the GMP is established. 6.4.10 Notwithstanding the level of detail represented in the GMP Supporting Documents, the CM/GC shall represent and warrant, at the time that it submits the GMP, that the GMP includes the entire cost of all components and systems required for a complete, fully functional facility. 6.4.11 In developing the GMP, the CM/GC shall include and identify such contingencies within the GMP as may be necessary to pay for unanticipated costs and unforeseen conditions that are required for a complete, fully functional facility.

Appears in 2 contracts

Samples: Cm/Gc Contract, Cm/Gc Contract

Determination of GMP. 6.4.1 CM/GC shall deliver to Owner a proposed GMP and GMP Supporting Documents at a time designated by Owner during the Preconstruction Phase. If any actual subcontract Offers are available at the time the GMP is being established, CM/GC shall use those subcontract Offers in establishing the GMP.by 6.4.2 As the Plans and Specifications may not be developed to the stage of biddable design documents at the time the GMP proposal is prepared, the CM/GC shall provide in the GMP for further development of the Plans and Specifications by the Architect that is consistent with the Contract Documents and reasonably inferable construction industry standards therefrom. Such further development does not include such things as changes in scope, systems, kinds and quality of materials, finishes or equipment, all of which, if required, shall be incorporated by Change Order or Amendment with a corresponding GMP adjustment. 6.4.3 The CM/GC shall include with its GMP proposal a written statement of its basis (the "GMP Supporting Documents"), which . This statement shall state what is included and excluded as defined in Article 8 “Cost of Work” and Article 9 “Costs excluded from the cost of the work” and shall also include: (a) A list of the Plans and Specifications, including all addenda thereto and the conditions of the Contract, which were used in preparation of the GMP proposal. (b) A list of allowances and a statement of their basis. (c) A list of the clarifications and assumptions made by the CM/GC in the preparation of the GMP proposal to supplement the information contained in the Plans and Specifications. (d) The proposed GMP, including a statement of the estimated cost organized by trade categories, allowances, contingency, and other items and the associated fees that comprise the GMP. (e) The Date of Substantial Completion and detailed construction schedule upon which the proposed GMP is based, and a schedule of the Construction Documents issuance dates upon which the date of Substantial Completion is based. 6.4.4 The CM/GC shall meet with the Owner and Architect to review the GMP proposal and the written statement of its basis. If the Owner or Architect discovers any inconsistencies or inaccuracies in the information presented, they shall promptly notify the CM/GC, who shall make appropriate adjustments to the GMP proposal, its basis or both. 6.4.5 Prior to the Owner's acceptance of the CM/GC's GMP proposal and issuance of a Notice to Proceed, the CM/GC shall not incur any cost to be reimbursed as part of the Cost of the Work, except as specifically provided in an Early Work Amendment. 6.4.6 The Owner shall authorize and cause the Architect to revise the Plans and Specifications to the extent necessary to reflect the agreed-upon assumptions and clarifications contained in the GMP Amendment. Such revised Plans and Specifications shall be furnished to the CM/GC in accordance with schedules agreed to by the Owner, Architect and CM/GC. The CM/GC shall promptly notify the Architect and Owner if such revised Plans and Specifications are inconsistent with the agreed-upon assumptions and clarifications. 6.4.7 The GMP shall include in the Estimated Cost of the Work only those taxes which are enacted at the time the GMP is established. 6.4.8 The Estimated Cost of the Work shall include the CM/GC's contingency, a sum established by the CM/GC for the CM/GC's exclusive use to cover additional development of Plans and Specifications and unanticipated unforeseen costs and unforeseen conditions which are properly reimbursable as Cost of the Work but which are not the basis for a Change Order. 6.4.9 The CM/GC shall work with the Architect and Owner to identify and confirm components and systems not specifically shown but required for a complete, fully functional Project. Owner will direct the Architect to complete the final Construction Documents in accordance with the Project scope agreed upon by all parties at the time the GMP is established. 6.4.10 Notwithstanding the level of detail represented in the GMP Supporting Documents, the CM/GC shall represent and warrant, at the time that it submits the GMP, that the GMP includes the entire cost of all components and systems required for a complete, fully functional facility. 6.4.11 In developing the GMP, the CM/GC shall include and identify such contingencies within the GMP as may be necessary to pay for unanticipated costs and unforeseen conditions elements that are required for a complete, fully functional facility.

Appears in 2 contracts

Samples: Cm/Gc Contract, Cm/Gc Contract

Determination of GMP. 6.4.1 CM/GC shall deliver to Owner a proposed GMP and GMP Supporting Documents at a time designated by Owner during the Preconstruction Phase. If any actual subcontract Offers are available at the time the GMP is being established, CM/GC shall use those subcontract Offers in establishing the GMP. 6.4.2 As the Plans and Specifications may not be developed to the stage of biddable design documents at the time the GMP proposal is prepared, the CM/GC shall provide in the GMP for further development of the Plans and Specifications by the Architect Architect/Engineer that is consistent with the Contract Documents and reasonably inferable therefromfrom the Contract Documents. Such further development does not include such things as changes in scope, systems, kinds and quality of materials, finishes or equipment, all of which, if required, shall be incorporated by Change Order or Amendment with a corresponding GMP adjustmentadjustment only if it materially impacts the Estimated Cost of Work or the Schedule. 6.4.3 The CM/GC shall include with its GMP proposal a written statement of its basis (the "GMP Supporting Documents"), which shall include: (a) A list of the Plans and Specifications, including all addenda thereto and the conditions of the Contract, which were used in preparation of the GMP proposal. (b) A list of allowances and a statement of their basisbases. (c) A list of the clarifications and assumptions made by the CM/GC in the preparation of the GMP proposal to supplement the information contained in the Plans and Specifications. (d) The proposed GMP, including a statement of the estimated cost organized by trade categories, allowances, contingencyContingency, and other items and the associated fees that comprise the GMP. (e) The Date of Substantial Completion upon which the proposed GMP is based, and a schedule of the Construction Documents issuance dates upon which the date of Substantial Completion is based. 6.4.4 The CM/GC shall meet with the Owner and Architect Architect/Engineer to review the GMP proposal and the written statement of its basis. If the Owner or Architect Architect/Engineer discovers any inconsistencies or inaccuracies in the information presented, they shall promptly notify the CM/GC, who shall make appropriate adjustments to the GMP proposal, its basis or both. 6.4.5 Prior to the Owner's acceptance of the CM/GC's GMP proposal and issuance of a Notice to Proceed, the CM/GC shall not incur any cost to be reimbursed as part of the Cost of the Work, except as specifically provided in an Early Work Amendment. 6.4.6 The Owner shall authorize and cause the Architect Architect/Engineer to revise the Plans and Specifications to the extent necessary to reflect the agreed-upon assumptions and clarifications contained in the GMP Amendment. Such revised Plans and Specifications shall be furnished to the CM/GC in accordance with schedules agreed to by the Owner, Architect Architect/Engineer and CM/GC. The CM/GC shall promptly notify the Architect Architect/Engineer and Owner if such revised Plans and Specifications are inconsistent with the agreed-upon assumptions and clarifications. 6.4.7 The GMP shall include in the Estimated Cost of the Work only those taxes which are enacted at the time the GMP is established. 6.4.8 The Estimated Cost of the Work shall include the CM/GC's contingency, a sum established by the CM/GC for the CM/GC's exclusive use to cover additional development of Plans and Specifications and unanticipated costs and unforeseen conditions which are properly reimbursable as Cost of the Work but which are not the basis for a Change Order.Contingency 6.4.9 The CM/GC shall work with the Architect Architect/Engineer and Owner as needed to identify and confirm components and systems not specifically shown but required for a complete, fully functional Project. Owner will direct the Architect Architect/Engineer to complete the final Construction Documents in accordance with the Project scope agreed upon by all parties at the time the GMP is established. 6.4.10 Notwithstanding the level of detail represented in the GMP Supporting Documents, the CM/GC shall represent and warrant, at the time that it submits the GMP, that the GMP includes the entire cost of all components and systems required for a complete, fully functional facility. 6.4.11 In developing the GMP, the CM/GC shall include and identify such contingencies within the GMP as may be necessary to pay for unanticipated costs and unforeseen conditions that are required for a complete, fully functional facility.

Appears in 1 contract

Samples: Construction Manager/General Contractor Contract

Determination of GMP. 6.4.1 CM/GC Contractor shall deliver to Owner a proposed GMP and GMP Supporting Documents at a time designated by Owner during the Preconstruction Phase. If any actual subcontract Offers (as defined in Article 3.1.6[a]) are available at the time the GMP is being established, CM/GC Contractor shall use those subcontract Offers in establishing the GMP. 6.4.2 As the Plans and Specifications (as defined in Section A.1 of the General Conditions) may not be developed to the stage of biddable design documents at the time the GMP proposal is prepared, the CM/GC Contractor shall provide in the GMP for further development of the Plans and Specifications by the Architect that is consistent with the Contract Documents and reasonably inferable therefrom. Such further development does not include such things as changes in scope, systems, kinds and quality of materials, finishes or equipment, all of which, if required, shall be incorporated by Change Order or Amendment with a corresponding GMP adjustment. 6.4.3 The CM/GC Contractor shall include with its the GMP proposal a written statement of its basis (the "GMP Supporting Documents"), which shall include: (a) A list of the Plans and Specifications, including all addenda thereto thereto, and the conditions General Conditions of the Contract, which were used in preparation of the GMP proposal. (b) A list of allowances Allowances and a statement of their basis. (c) A list of the clarifications and assumptions made by the CM/GC Contractor in the preparation of the GMP proposal to supplement the information contained in the Plans and Specifications. (d) The proposed GMP, including a statement of the estimated cost organized by trade categories, allowances, contingency, and the other items and the associated fees that comprise the GMP. (e) The Date of Substantial Completion upon which the proposed GMP is based, based and a schedule of the Construction Documents issuance dates upon which the date of Substantial Completion is based. 6.4.4 The CM/GC Contractor shall meet with the Owner and the Architect to review the GMP proposal and the written statement of its basis. If the Owner or the Architect discovers any inconsistencies or inaccuracies in the information presented, they shall promptly notify the CM/GCContractor, who which shall make appropriate adjustments to the GMP proposal, its basis or both. 6.4.5 Prior to the Owner's ’s acceptance of the CM/GC's Contractor’s GMP proposal and issuance of a Notice to Proceed, the CM/GC Contractor shall not incur any cost to be reimbursed as part of the Cost of the Work, except as specifically provided in an Early Work Amendment. 6.4.6 The Owner shall authorize and cause the Architect to revise the Plans and Specifications to the extent necessary to reflect the agreed-upon assumptions and clarifications contained in the GMP Amendment. Such revised Plans and Specifications shall be furnished to the CM/GC Contractor in accordance with schedules agreed to by the Owner, the Architect and CM/GCContractor. The CM/GC Contractor shall promptly notify the Architect and Owner if such revised Plans and Specifications are inconsistent with the agreed-upon assumptions and clarifications. 6.4.7 The GMP shall include in the Estimated Cost of the Work ECOW only those taxes which that are enacted at the time the GMP is established. 6.4.8 The Estimated Cost of the Work ECOW shall include the CM/GC's Contractor’s contingency, a sum established by the CM/GC Contractor for the CM/GC's Contractor’s exclusive use to cover additional development of Plans and Specifications and unanticipated costs and unforeseen conditions which are properly reimbursable as a Cost of the Work but which are not the basis for a Change Order.. For purposes of Contractor’s contingency, 6.4.9 The CM/GC Contractor shall work with the Architect and Owner to identify and confirm components and systems not specifically shown but required for a complete, fully functional Project. Owner will direct the Architect to complete the final Construction Documents in accordance with the Project scope agreed upon by all parties at the time the GMP is established. 6.4.10 Notwithstanding the level of detail represented in the GMP Supporting Documents, the CM/GC Contractor shall represent and warrant, at the time that it submits the GMP, that the GMP includes the entire cost of all components and systems required for a complete, fully functional facilityProject. 6.4.11 In developing the GMP, the CM/GC Contractor shall include and identify such contingencies within the GMP as may be necessary to pay for unanticipated costs and unforeseen conditions that are required for a complete, fully functional facilityProject.

Appears in 1 contract

Samples: Emergency Construction Services Contract

Determination of GMP. 6.4.1 CM/GC shall deliver to Owner a proposed GMP and GMP Supporting Documents at a time designated by Owner during the Preconstruction Phase. If any actual subcontract Offers are available at the time the GMP is being established, CM/GC shall use those subcontract Offers in establishing the GMP. 6.4.2 As the Plans and Specifications may not be developed to the stage of biddable design documents at the time the GMP proposal is prepared, the CM/GC shall provide in the GMP for further development of the Plans and Specifications by the Architect / Engineer that is consistent with the Contract Documents and reasonably inferable therefrom. Such further development does not include such things as changes in scope, systems, kinds and quality of materials, finishes or equipment, all of which, if required, shall be incorporated by Change Order or Amendment with a corresponding GMP adjustment. 6.4.3 The CM/GC shall include with its GMP proposal a written statement of its basis (the "GMP Supporting Documents"), which shall include: (a) A list of the Plans and Specifications, including all addenda thereto and the conditions of the Contract, which were used in preparation of the GMP proposal. (b) A list of allowances and a statement of their basis. (c) A list of the clarifications and assumptions made by the CM/GC in the preparation of the GMP proposal to supplement the information contained in the Plans and Specifications. (d) The proposed GMP, including a statement of the estimated cost organized by trade categories, allowances, contingency, and other items and the associated fees that comprise the GMP. (e) The Date Dates of Substantial and Final Completion upon which the proposed GMP is based, and a schedule of the Construction Documents issuance dates upon which the date of Substantial Completion is based.the 6.4.4 The CM/GC shall meet with the Owner and Architect / Engineer to review the GMP proposal and the written statement of its basis. If the Owner or Architect / Engineer discovers any inconsistencies or inaccuracies in the information presented, they shall promptly notify the CM/GC, who shall make appropriate adjustments to the GMP proposal, its basis or both. 6.4.5 Prior to the Owner's acceptance of the CM/GC's GMP proposal and issuance of a Notice to Proceed, the CM/GC shall not incur any cost to be reimbursed as part of the Cost of the Work, except as specifically provided in an Early Work Amendment. 6.4.6 The Owner shall authorize and cause the Architect / Engineer to revise the Plans and Specifications to the extent necessary to reflect the agreed-upon assumptions and clarifications contained in the GMP Amendment. Such revised Plans and Specifications shall be furnished to the CM/GC in accordance with schedules agreed to by the Owner, Architect / Engineer and CM/GC. The CM/GC shall promptly notify the Architect / Engineer and Owner if such revised Plans and Specifications are inconsistent with the agreed-upon assumptions and clarifications. 6.4.7 The GMP shall include in the Estimated Cost of the Work only those taxes which are enacted at the time the GMP is established. 6.4.8 The Estimated Cost of the Work shall include the CM/GC's GMP contingency, a sum established by the CM/GC for the CM/GC's exclusive use use, with owner representative review and approval, to cover additional development of Plans and Specifications and unanticipated costs and unforeseen conditions which are properly reimbursable as Cost of the Work but which are not the basis for a Change Order. (See General Conditions section D.1.1for cloud based management of the GMP Contingency tracking mechanism to be managed by CM/GC.) 6.4.9 The CM/GC shall work with the Architect / Engineer and Owner to identify and confirm components and systems not specifically shown but required for a complete, fully functional Project. Owner will direct the Architect / Engineer to complete the final Construction Documents in accordance with the Project scope agreed upon by all parties at the time the GMP is established. 6.4.10 Notwithstanding the level of detail represented in the GMP Supporting Documents, the CM/GC shall represent and warrant, at the time that it submits the GMP, that the GMP includes the entire cost of all components and systems required for a complete, fully functional facility. 6.4.11 In developing the GMP, the CM/GC shall include and identify such contingencies within the GMP as may be necessary to pay for unanticipated costs and unforeseen conditions that are required for a complete, fully functional facility.

Appears in 1 contract

Samples: Cm/Gc Contract

Determination of GMP. 6.4.1 The CM/GC shall deliver to Owner a proposed GMP and GMP Supporting Documents at a time designated by Owner during the Preconstruction Phase. If any actual subcontract Offers (as defined in Article 3.1.6[a]) are available at the time the GMP is being established, CM/GC shall use those subcontract Offers in establishing the GMP. 6.4.2 As the Plans and Specifications (as defined in Section A.1 of the State of Oregon General Conditions) may not be developed to the stage of biddable design documents at the time the GMP proposal is prepared, the CM/GC shall provide in the GMP for further development of the Plans and Specifications by the Architect that is consistent with the Contract Documents and reasonably inferable therefrom. Such further development does not include such things as changes in scope, systems, kinds and quality of materials, finishes or equipment, all of which, if required, shall be incorporated by Change Order or Amendment with a corresponding GMP adjustment. 6.4.3 The CM/GC shall include with its the GMP proposal a written statement of its basis (the "GMP Supporting Documents"), which shall include: (a) A list of the Plans and Specifications, including all addenda thereto and the conditions of the Contract, which were used in preparation of the GMP proposal. (b) A list of allowances Allowances and a statement of their basis. (c) A list of the clarifications and assumptions made by the CM/GC in the preparation of the ofthe GMP proposal to supplement the information contained in the Plans and Specifications. (d) . The proposed GMP, including a statement of the estimated oftheestimated cost organized by trade categories, allowances, contingency, and the other items and the associated fees that comprise the GMP. (e) The Date TheDate of Substantial Completion upon which the proposed uponwhichtheproposed GMP is based, and a schedule of the Construction Documents issuance dates upon which the date of Substantial Completion is based. 6.4.4 The CM/GC shall meet with the Owner and the Architect to review the GMP proposal and the written statement of its basis. If the Owner or the Architect discovers any inconsistencies or inaccuracies in the information presented, they shall promptly notify the CM/GC, who which shall make appropriate adjustments to the GMP proposal, its basis or bothorboth. 6.4.5 Prior to the Owner's ’s acceptance of the CM/GC's GMP proposal and issuance of a Notice to Proceed, the CM/GC shall not incur any cost to be reimbursed as part of the Cost of the Work, except as specifically provided in an Early Work Amendment. 6.4.6 The Owner shall authorize and cause the Architect to revise the Plans and Specifications to the extent necessary to reflect the agreed-upon assumptions and clarifications contained in the GMP Amendment. Such revised Plans and Specifications shall be furnished to the CM/GC in accordance with schedules agreed to by the Owner, Architect and CM/GC. The CM/GC shall promptly notify the Architect and Owner if such revised Plans and Specifications are inconsistent with the agreed-upon assumptions and clarifications.Plans 6.4.7 The GMP shall include in the Estimated Cost of the Work ECOW only those taxes which that are enacted at the time the GMP is established. 6.4.8 The Estimated Cost of the Work ECOW shall include the CM/GC's contingency, a sum established by the CM/GC for the CM/GC's exclusive use to cover additional development of Plans and Specifications and unanticipated costs and unforeseen conditions which are properly reimbursable as a Cost of the Work but which are not the basis for a Change Order. For purposes of the CM/GC’s contingency, unanticipated costs and unforeseen conditions include Work within the scope of the Project and any conditions that the CM/GC reasonably should have anticipated might be encountered in a project of this size and complexity. The CM/GC shall provide advance, written notice to Owner each time the CM/GC proposes to use its contingency and shall include inthenotice the proposed purpose for such use and those approved for use in advance by Owner. 6.4.9 The CM/GC shall work with the Architect and Owner to identify and confirm components and systems not specifically shown but required for a complete, fully functional Project. Owner will direct the Architect to complete the final thefinal Construction Documents in accordance with the Project scope agreed upon by all parties at the time the GMP is established. 6.4.10 Notwithstanding the level of detail represented in the GMP Supporting Documents, the CM/GC shall represent and warrant, at the time that it submits the GMP, that the GMP includes the entire cost of all components and systems required for a complete, fully functional facilityProject. 6.4.11 In developing the GMP, the CM/GC shall include and identify such contingencies within the GMP as may be necessary to pay for unanticipated costs and unforeseen conditions that are required for a complete, fully functional facilityProject.

Appears in 1 contract

Samples: Cm/Gc Contract

Determination of GMP. 6.4.1 The CM/GC shall deliver to Owner a proposed GMP and GMP Supporting Documents at a time designated by Owner during the Preconstruction Phase. If any actual subcontract Offers (as defined in Article 3.1.6[a]) are available at the time the GMP is being established, CM/GC shall use those subcontract Offers in establishing the GMP. 6.4.2 As the Plans and Specifications (as defined in Section A.1 of the Xxxxxx County General Conditions) may not be developed to the stage of biddable design documents at the time the GMP proposal is prepared, the CM/GC shall provide in the GMP for further development of the Plans and Specifications by the Architect architect that is consistent with the Contract Documents and reasonably inferable therefrom. Such further development does not include such things as changes in scope, systems, kinds and quality of materials, finishes or equipment, all of which, if required, shall be incorporated by Change Order or Amendment with a corresponding GMP adjustment. 6.4.3 The CM/GC shall include with its the GMP proposal a written statement of its basis (the "GMP Supporting Documents"), which shall include: (a) A list of the Plans and Specifications, including all addenda thereto and the conditions of the Contract, which were used in preparation of the GMP proposal. (b) A list of allowances Allowances and a statement of their basis. (c) A list of the clarifications and assumptions made by the CM/GC in the preparation of the GMP proposal to supplement the information contained in the Plans and Specifications. (d) The proposed GMP, including a statement of the estimated cost organized by trade categories, allowances, contingency, and the other items and the associated fees that comprise the GMP. (e) The Date of Substantial Completion upon which the proposed GMP is based, based and a schedule of the Construction Documents issuance dates upon which the date of Substantial Completion is based. 6.4.4 The CM/GC shall meet with Owner, Owner’s Representative, and the Owner and Architect architect to review the GMP proposal and the written statement of its basis. If the Owner or Architect the architect discovers any inconsistencies or inaccuracies in the information presented, they shall promptly notify the CM/GC, who which shall make appropriate adjustments to the GMP proposal, its basis or both. 6.4.5 Prior to the Owner's acceptance of the CM/GC's GMP proposal and issuance of a Notice to Proceed, the CM/GC shall not incur any cost to be reimbursed as part of the Cost of the Work, except as specifically provided in an Early Work Amendment. 6.4.6 The Owner shall authorize and cause the Architect architect to revise the Plans and Specifications to the extent necessary to reflect the agreed-upon assumptions and clarifications contained in the GMP Amendment. Such revised Plans and Specifications shall be furnished to the CM/GC in accordance with schedules agreed to by the Owner, Architect the architect and the CM/GC. The CM/GC shall promptly notify the Architect architect and Owner if such revised Plans and Specifications are inconsistent with the agreed-upon assumptions and clarifications. 6.4.7 The GMP shall include in the Estimated Cost of the Work ECOW only those taxes which that are enacted at the time the GMP is established. 6.4.8 The Estimated Cost of the Work ECOW shall include the CM/GC's contingency, a sum established by the CM/GC for the CM/GC's exclusive use to cover additional development of Plans and Specifications and unanticipated costs and unforeseen conditions which are properly reimbursable as a Cost of the Work but which are not the basis for a Change Order. For purposes of the CM/GC’s contingency, unanticipated costs and unforeseen conditions include Work within the scope of the Project and any conditions that the CM/GC reasonably should have anticipated might be encountered in a project of this size and complexity. The CM/GC shall provide advance, written notice to Owner each time the CM/GC proposes to use its contingency and shall include in the notice the proposed purpose for such use and those approved for use in advance by Owner. 6.4.9 The CM/GC shall work with the Architect architect and Owner to identify and confirm components and systems not specifically shown but required for a complete, fully functional Project. Owner will direct the Architect to complete the final Construction Documents in accordance with the Project scope agreed upon by all parties at the time the GMP is established.fully 6.4.10 Notwithstanding the level of detail represented in the GMP Supporting Documents, the CM/GC shall represent and warrant, at the time that it submits the GMP, that the GMP includes the entire cost of all components and systems required for a complete, fully functional facilityProject. 6.4.11 In developing the GMP, the CM/GC shall include and identify such contingencies within the GMP as may be necessary to pay for unanticipated costs and unforeseen conditions that are required for a complete, fully functional facilityProject.

Appears in 1 contract

Samples: Construction Manager/General Contractor Contract

Determination of GMP. 6.4.1 1) CM/GC shall deliver to Owner City a proposed GMP and GMP Supporting Documents at a time designated by Owner City during the Preconstruction Phase. If any actual subcontract Offers are available at the time the GMP is being established, CM/GC shall use those subcontract Offers in establishing the GMP. 6.4.2 2) As the Plans and Specifications may not be developed to the stage of biddable design documents at the time the GMP proposal is prepared, the CM/GC shall provide in the GMP for further development of the Plans and Specifications by the Architect Engineer that is consistent with the Contract Documents and reasonably inferable therefromthere from. Such further development does not include such things as changes in scopescope outside of the original intent of the design, systemsfundamental system or process types, kinds and significant changes to types or quantities of building components that are inconsistent with the original design intent, quality of materials, finishes or equipment, all of which, if required, shall be incorporated by Change Order or Amendment with a corresponding GMP adjustment. 6.4.3 3) The CM/GC shall include with its GMP proposal a written statement of its basis (the "GMP Supporting Documents"), which shall include: (a) i. A list of the Plans and Specifications, including all addenda thereto and the conditions of the Contract, which were used in preparation of the GMP proposal. (b) ii. A detailed list of allowances and contingencies, the allocated amount of the GMP as well as a statement of their basis, parameters and calculation methodology. (c) iii. A list of the clarifications clarifications, qualifications, exclusions, assumptions and assumptions made any other material qualifiers used by the CM/GC in the preparation of the GMP proposal to supplement the information contained in the Plans and Specifications. (d) iv. The proposed GMP, including a statement of the estimated cost organized by trade categoriesin a manner acceptable to the City, allowances, contingency, and other items and the associated fees that comprise the GMP. (e) v. The Date parties may agree to identify and carry contingency to reflect potential escalation of Substantial Completion upon which material and commodity prices during the proposed GMP is based, course of construction as well as estimated risk costs for changes and a schedule of the Construction Documents issuance dates upon which the date of Substantial Completion is baseddiffering site conditions. 6.4.4 4) The CM/GC shall meet with the Owner City and Architect Engineer to review the GMP proposal and the written statement of its basis. If the Owner City or Architect Engineer discovers any inconsistencies or inaccuracies in the information presented, they shall promptly notify the CM/GC, who shall make appropriate adjustments to the GMP proposal, its basis or both. 6.4.5 5) Prior to the OwnerCity's acceptance of the CM/GC's GMP proposal and issuance of a Notice to Proceed, the CM/GC shall not incur any cost to be reimbursed as part of the Cost of the Work, except as specifically provided in an Early Work Amendment. 6.4.6 6) The Owner City shall authorize and cause the Architect Engineer to revise the Plans and Specifications to the extent necessary to reflect the agreed-upon assumptions and clarifications contained in the GMP Amendment. Such revised Plans and Specifications shall be furnished to the CM/GC in accordance with schedules agreed to by the OwnerCity, Architect Engineer and CM/GC. The Prior to commencement of work, the CM/GC shall promptly notify the Architect Engineer and Owner City if such revised Plans and Specifications are inconsistent with the agreed-upon assumptions and clarifications. 6.4.7 7) The GMP shall include in the Estimated Cost of the Work only those taxes and/or governmental fees which are enacted at the time the GMP is established. 6.4.8 8) The Estimated Cost of the Work shall include the CM/GC's Project contingency, ,which is a sum established by the CM/GC and City for the City and CM/GC's exclusive mutually agreed upon use to cover additional development of Plans and Specifications and unanticipated costs and unforeseen conditions which are properly reimbursable as Cost of the Work but which are not the basis for a Change Order. For purposes of use of Project’s contingency, unanticipated costs and unforeseen conditions include Work within the scope of the Project or any conditions that the parties reasonably should have anticipated might be encountered during the renovation of a site or of a building of similar nature, condition and age. The parties shall provide advance written notice to the other each time the parties propose to use the Project contingency, shall include in the notice the purposed purpose for such use, and shall seek the agreement and approval of the other prior to the contingency use, the approval of which shall not unreasonably be withheld by the other party. 6.4.9 i. The Project contingency shall not be utilized by any party to make changes to the Project that are inconsistent with Article 6. or should reasonably be incorporated into the Project via a Change Order. 9) The CM/GC shall work with the Architect Engineer and Owner City to identify and confirm components and systems not specifically shown but required for a complete, fully functional ProjectProject and sequencing to maintain continuous delivery of treated water. Owner City will direct the Architect Engineer to complete the final Construction Documents in accordance with the Project scope agreed upon by all parties at the time the GMP is established. 6.4.10 10) Notwithstanding the level of detail represented in the GMP Supporting Documents, the CM/GC shall represent and warrant, at the time that it submits the GMP, GMP that the GMP includes the entire cost of all components and systems required for a complete, fully functional facilityfacility consistent with the design intent of the City and Engineer. 6.4.11 11) In developing the GMP, the CM/GC shall include and identify such contingencies any allowances within the GMP as may be necessary to pay for unanticipated undefined costs and unforeseen conditions that are required for a complete, fully functional facility.

Appears in 1 contract

Samples: Construction Manager/General Contractor Contract

Determination of GMP. 6.4.1 CM/GC shall deliver to Owner a proposed GMP and GMP Supporting Documents at a time designated by Owner during the Preconstruction Phase. If any actual subcontract Offers are available at the time the GMP is being established, CM/GC shall use those subcontract Offers in establishing the GMP.by 6.4.2 As the Plans and Specifications may not be developed to the stage of biddable design documents at the time the GMP proposal is prepared, the CM/GC shall provide in the GMP for further development of the Plans and Specifications by the Architect that is consistent with the Contract Documents and reasonably inferable therefrom. Such further development does not include such things as changes in scope, systems, kinds and quality of materials, finishes or equipment, all of which, if required, shall be incorporated by Change Order or Amendment with a corresponding GMP adjustment. 6.4.3 The CM/GC shall include with its GMP proposal a written statement of its basis (the "GMP Supporting Documents"), which . This statement shall state what is included and excluded as defined in Article 8 “Cost of Work” and Article 9 “Costs excluded from the cost of the work” and shall also include: (a) A list of the Plans and Specifications, including all addenda thereto and the conditions of the Contract, which were used in preparation of the GMP proposal. (b) A list of allowances and a statement of their basis. (c) A list of the clarifications and assumptions made by the CM/GC in the preparation of the GMP proposal to supplement the information contained in the Plans and Specifications. (d) The proposed GMP, including a statement of the estimated cost organized by trade categories, allowances, contingency, and other items and the associated fees that comprise the GMP. (e) The Date of Substantial Completion upon which the proposed GMP is based, and a schedule of the Construction Documents issuance dates upon which the date of Substantial Completion is based. 6.4.4 The CM/GC shall meet with the Owner and Architect to review the GMP proposal and the written statement of its basis. If the Owner or Architect discovers any inconsistencies or inaccuracies in the information presented, they shall promptly notify the CM/GC, who shall make appropriate adjustments to the GMP proposal, its basis or both. 6.4.5 Prior to the Owner's acceptance of the CM/GC's GMP proposal and issuance of a Notice to Proceed, the CM/GC shall not incur any cost to be reimbursed as part of the Cost of the Work, except as specifically provided in an Early Work Amendment. 6.4.6 The Owner shall authorize and cause the Architect to revise the Plans and Specifications to the extent necessary to reflect the agreed-upon assumptions and clarifications contained in the GMP Amendment. Such revised Plans and Specifications shall be furnished to the CM/GC in accordance with schedules agreed to by the Owner, Architect and CM/GC. The CM/GC shall promptly notify the Architect and Owner if such revised Plans and Specifications are inconsistent with the agreed-upon assumptions and clarifications. 6.4.7 The GMP shall include in the Estimated Cost of the Work only those taxes which are enacted at the time the GMP is established. 6.4.8 The Estimated Cost of the Work shall include the CM/GC's contingency, a sum established by the CM/GC for the CM/GC's exclusive use to cover additional development of Plans and Specifications and unanticipated unforeseen costs and unforeseen conditions which are properly reimbursable as Cost of the Work but which are not the basis for a Change Order. 6.4.9 The CM/GC shall work with the Architect and Owner to identify and confirm components and systems not specifically shown but required for a complete, fully functional Project. Owner will direct the Architect to complete the final Construction Documents in accordance with the Project scope agreed upon by all parties at the time the GMP is established. 6.4.10 Notwithstanding the level of detail represented in the GMP Supporting Documents, the CM/GC shall represent and warrant, at the time that it submits the GMP, that the GMP includes the entire cost of all components and systems required for a complete, fully functional facility. 6.4.11 In developing the GMP, the CM/GC shall include and identify such contingencies within the GMP as may be necessary to pay for unanticipated costs and unforeseen conditions elements that are required for a complete, fully functional facility.

Appears in 1 contract

Samples: Cm/Gc Contract

Determination of GMP. 6.4.1 5.5.1 Documents developed during performance of Preconstruction Phase Services to establish the scope of Work for the Construction Phase Services phase shall be used by the CM/GC to develop and negotiate the GMP. 5.5.2 CM/GC shall deliver to Owner a proposed GMP and GMP Supporting Documents at a time designated by Owner during the Preconstruction Phase. If any actual subcontract Offers are available at the time the GMP is being established, CM/GC shall use those subcontract Offers in establishing the GMP. 6.4.2 As the Plans and Specifications may not be developed to the stage of biddable design documents at the time the GMP proposal is prepared, the CM/GC shall provide in the GMP for further development of the Plans and Specifications by the Architect that is consistent with the Contract Documents and reasonably inferable therefrom. Such further development does not include such things as changes in scope, systems, kinds and quality of materials, finishes or equipment, all of which, if required, shall be incorporated by Change Order or Amendment with a corresponding GMP adjustment. 6.4.3 The CM/GC shall include with its GMP proposal Supporting Documents a written statement of its basis (for the "GMP Supporting Documents")GMP, which shall includeexpressly identify the following: (a) A. A list of the Plans and Plans, Specifications, Offers, and other documents including all addenda and changes thereto and the conditions of the Contract, which were used in preparation of the GMP proposal. (b) B. A list of allowances Allowances and a statement of their basis. The basis shall include what is included in each Allowance and how the Allowance will be applied. (c) C. A list of the clarifications clarifications, assumptions, exclusions, conditions, unit prices, and assumptions alternates made by the CM/GC in the preparation of the GMP proposal to supplement the information contained in the Plans and Specifications. (d) D. If any actual subcontract offers are available at the time the GMP is being established, CM/GC shall use those subcontract offers in establishing the GMP. E. The proposed GMP, including a statement of the estimated cost organized by trade categories, allowancesAllowances, contingencyContingency, and other items and the associated fees that comprise the GMP. (e) F. The Date of Substantial Completion upon which the proposed GMP is based, and a schedule of the Construction Documents issuance dates upon which the date of Substantial Completion is based. 6.4.4 The CM/GC shall meet with the Owner and Architect to review the GMP proposal and the written statement of its basis. If the Owner or Architect discovers any inconsistencies or inaccuracies in the information presented, they shall promptly notify the CM/GC, who shall make appropriate adjustments to the GMP proposal, its basis or both. 6.4.5 Prior to the Owner's acceptance of the CM/GC's GMP proposal and issuance of a Notice to Proceed, the CM/GC shall not incur any cost to be reimbursed as part of the Cost of the Work, except as specifically provided in an Early Work Amendment. 6.4.6 The Owner shall authorize and cause the Architect to revise the Plans and Specifications to the extent necessary to reflect the agreed-upon assumptions and clarifications contained in the GMP Amendment. Such revised Plans and Specifications shall be furnished to the CM/GC in accordance with schedules agreed to by the Owner, Architect and CM/GC. The CM/GC shall promptly notify the Architect and Owner if such revised Plans and Specifications are inconsistent with the agreed-upon assumptions and clarifications. 6.4.7 The GMP shall include in the Estimated Cost of the Work only those taxes which are enacted at the time the GMP is established. 6.4.8 The Estimated Cost of the Work shall include the CM/GC's contingency, a sum established by the CM/GC for the CM/GC's exclusive use to cover additional development of Plans and Specifications and unanticipated costs and unforeseen conditions which are properly reimbursable as Cost of the Work but which are not the basis for a Change Order. 6.4.9 The CM/GC shall work with the Architect and Owner to identify and confirm components and systems not specifically shown but required for a complete, fully functional Project. Owner will direct the Architect to complete the final Construction Documents in accordance with the Project scope agreed upon by all parties at the time the GMP is established. 6.4.10 Notwithstanding the level of detail represented in the GMP Supporting Documents, the CM/GC shall represent and warrant, at the time that it submits the GMP, that the GMP includes the entire cost of all components and systems required for a complete, fully functional facility. 6.4.11 In developing the GMP, the CM/GC shall include and identify such contingencies within the GMP as may be necessary to pay for unanticipated costs and unforeseen conditions that are required for a complete, fully functional facility.

Appears in 1 contract

Samples: Construction Manager/General Cm/Gc Agreement

Determination of GMP. 6.4.1 CM/GC shall deliver to Owner a proposed GMP and GMP Supporting Documents at a time designated by Owner during the Preconstruction Phase. If any actual subcontract Offers are available at the time the GMP is being established, CM/GC shall use those subcontract Offers in establishing the GMP. 6.4.2 As the Plans and Specifications may not be developed to the stage of biddable design documents at the time the GMP proposal is prepared, the CM/GC shall provide in the GMP for further development of the Plans and Specifications by the Architect that is consistent with the Contract Documents and reasonably inferable therefrom. Such further development does not include such things as changes in scope, systems, kinds and quality of materials, finishes or equipment, all of which, if required, shall be incorporated by Change Order or Amendment with a corresponding GMP adjustment. 6.4.3 The CM/GC shall include with its GMP proposal a written statement of its basis (the "GMP Supporting Documents"), which shall include: (a) A list of the Plans and Specifications, including all addenda thereto and the conditions of the Contract, which were used in preparation of the GMP proposal. (b) A list of allowances and a statement of their basis. (c) A list of the clarifications and assumptions made by the CM/GC in the preparation of the GMP proposal to supplement the information contained in the Plans and Specifications. (d) The proposed GMP, including a statement of the estimated cost organized by trade categories, allowances, contingency, and other items and the associated fees that comprise the GMP. (e) The Date of Substantial Completion upon which the proposed GMP is based, and a schedule of the Construction Documents issuance dates upon which the date of Substantial Completion is based. 6.4.4 The CM/GC shall meet with the Owner and Architect to review the GMP proposal and the written statement of its basis. If the Owner or Architect discovers any inconsistencies or inaccuracies in the information presented, they shall promptly notify the CM/GC, who shall make appropriate adjustments to the GMP proposal, its basis or both. 6.4.5 Prior to the Owner's acceptance of the CM/GC's GMP proposal and issuance of a Notice to Proceed, the CM/GC shall not incur any cost to be reimbursed as part of the Cost of the Work, except as specifically provided in an Early Work Amendment. 6.4.6 The Owner shall authorize and cause the Architect to revise the Plans and Specifications to the extent necessary to reflect the agreed-upon assumptions and clarifications contained in the GMP Amendment. Such revised Plans and Specifications shall be furnished to the CM/GC in accordance with schedules agreed to by the Owner, Architect and CM/GC. The CM/GC shall promptly notify the Architect and Owner if such revised Plans and Specifications are inconsistent with the agreed-upon assumptions and clarifications. 6.4.7 The GMP shall include in the Estimated Cost of the Work only those taxes which are enacted at the time the GMP is established. 6.4.8 The Estimated Cost of the Work shall include the CM/GC's contingency, a sum established by the CM/GC for the CM/GC's exclusive use to cover additional development of Plans and Specifications and unanticipated costs and unforeseen conditions which are properly reimbursable as Cost of the Work but which are not the basis for a Change Order. Expenditures from this fund will be jointly approved by owner and contractor. 6.4.9 The CM/GC shall work with the Architect and Owner to identify and confirm components and systems not specifically shown but required for a complete, fully functional Project. Owner will direct the Architect to complete the final Construction Documents in accordance with the Project scope agreed upon by all parties at the time the GMP is established. 6.4.10 Notwithstanding the level of detail represented in the GMP Supporting Documents, the CM/GC shall represent and warrant, at the time that it submits the GMP, that the GMP includes the entire cost of all components and systems required for a complete, fully functional facility. 6.4.11 In developing the GMP, the CM/GC shall include and identify such contingencies within the GMP as may be necessary to pay for unanticipated costs and unforeseen conditions that are required for a complete, fully functional facility.

Appears in 1 contract

Samples: Cm/Gc Contract

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Determination of GMP. 6.4.1 CM/GC shall Contractor will deliver to Owner a proposed GMP and GMP Supporting Documents to City at a time designated by Owner City during the Preconstruction Phase. If any actual subcontract Offers are available at the time the GMP is being established, CM/GC shall Contractor will use those subcontract Offers in establishing the GMP. 6.4.2 As the Plans and Specifications may not be developed to the stage of biddable design documents at the time the GMP proposal is prepared, the CM/GC shall Contractor will provide in the GMP for further development of the Plans and Specifications by the Architect that is consistent with with, and reasonably inferable from, the Contract Documents and reasonably inferable therefromin Contractor’s proposed GMP. Such further development does not include such things as changes in scope, systems, kinds and quality of materials, finishes or equipment, all of which, if required, shall will be incorporated by Change Order or Amendment with a corresponding GMP adjustment. 6.4.3 The CM/GC shall include with its GMP proposal Contractor will submit a written statement of its basis (the "GMP Supporting Documents")Documents with its GMP proposal, which shall will include: (a) A a list of the Plans and Specifications, including all addenda thereto addenda, and the conditions of the Contract, Contract which were used in preparation of the GMP proposal.; (b) A a list of allowances Allowances and a statement of their basis.the basis for each; (c) A a list of the clarifications clarifications, assumptions, exclusions, conditions, unit prices, and assumptions alternates made by the CM/GC Contractor in the preparation of the GMP proposal to supplement the information contained in the Plans and Specifications.; (d) The the proposed GMP, including a statement schedule of the estimated cost Cost of the Work organized by trade categories, allowancesAllowances, contingency, and all other items and the associated fees that comprise the GMP.; and (e) The Date the date of Substantial Completion upon which the proposed GMP is based, and together with a schedule of the issuance dates for the Construction Documents issuance dates upon which the date of Substantial Completion is based. 6.4.4 The CM/GC shall Contractor will meet with City and the Owner and Architect to review the GMP proposal and the written statement of its basisGMP Supporting Documents. If City or the Owner or Architect discovers will promptly notify Contractor if they discover any inconsistencies or inaccuracies in the information presented, they shall promptly notify the CM/GC, who shall . Contractor will then make appropriate adjustments to the GMP proposal, its basis the GMP Supporting Documents, or both. 6.4.5 Prior to the Owner's City’s acceptance of the CM/GC's Contractor’s GMP proposal and issuance of a Notice to Proceed, the CM/GC shall Contractor will not incur any cost to be reimbursed as part of the Cost of the Work, except as specifically provided in an Early Work Amendment.of 6.4.6 The Owner shall City will authorize and cause the Architect to revise the Plans and Specifications to the extent necessary to reflect the agreed-upon assumptions and clarifications contained in the GMP Amendment. Such City will provide Contractor with revised Plans and Specifications shall be furnished to the CM/GC in accordance with schedules agreed to by City, the OwnerArchitect, Architect and CM/GCContractor. The CM/GC shall Contractor will promptly notify the Architect and Owner City if such revised Plans and Specifications are inconsistent with the agreed-upon assumptions and clarifications. 6.4.7 The GMP shall include in the Estimated estimated Cost of the Work will only include those sales, use, or similar excise taxes which are enacted in effect at the time the GMP is established. 6.4.8 The Estimated estimated Cost of the Work shall will include the CM/GC's Contractor’s contingency, a sum established by the CM/GC Contractor for the CM/GC's Contractor’s exclusive use to cover additional development of Plans and Specifications and unanticipated unforeseen costs and unforeseen conditions which are properly reimbursable as Cost of the Work but which are not the basis for a Change Order. With each application for payment, Contractor will itemize all costs to be taken from or added to this contingency. 6.4.9 The CM/GC shall Contractor will work with the Architect and Owner City to identify and confirm components and systems not specifically shown on the Plans and Specifications but required for a complete, fully functional Project. Owner City will direct the Architect to complete the final Construction Documents in accordance with the Project scope agreed upon by all parties Parties at the time the GMP is establishedestablished and deliver the final Construction Documents to Contractor. 6.4.10 Notwithstanding the level of detail represented in the GMP Supporting Documents, the CM/GC shall represent GMP Amendment will include a representation and warrant, at the time that it submits the GMP, warranty by Contractor that the GMP includes the entire cost of all components and systems required for a complete, fully functional facilityProject. 6.4.11 In developing the GMP, the CM/GC shall include and identify such contingencies within the GMP as may be necessary to pay for unanticipated costs and unforeseen conditions that are required for a complete, fully functional facility.

Appears in 1 contract

Samples: Cm/Gc Construction Contract

Determination of GMP. 6.4.1 CM/GC shall deliver to Owner a proposed GMP and GMP Supporting Documents at a time designated by Owner during the Preconstruction Phase. If any actual subcontract Offers are available at the time the GMP is being established, CM/GC shall use those subcontract Offers in establishing the GMP. 6.4.2 As the Plans and Specifications may not be developed to the stage of biddable design documents at the time the GMP proposal is prepared, the CM/GC shall provide in the GMP for further development of the Plans and Specifications by the Architect that is consistent with the Contract Documents and reasonably inferable therefrom. Such further development does not include such things as changes in scope, systems, kinds and quality of materials, finishes or equipment, all of which, if required, shall be incorporated by Change Order or Amendment with a corresponding GMP adjustment. 6.4.3 The CM/GC shall include with its GMP proposal a written statement of its basis (the "GMP Supporting Documents"), which shall include: (a) A list of the Plans and Specifications, including all addenda thereto and the conditions of the Contract, which were used in preparation of the GMP proposal. (b) A list of proposed allowances and a statement of their basis. (c) A list of the proposed clarifications and assumptions made by the CM/GC in the preparation of the GMP proposal to supplement the information contained in the Plans and Specifications. (d) The proposed GMP, including a statement of the estimated cost organized by trade categories, allowances, contingency, and other items and the associated fees that comprise the GMP. (e) The proposed Date of Substantial Completion upon which the proposed GMP is based, and a schedule of the Construction Documents issuance dates upon which the date of Substantial Completion is based. 6.4.4 (f) The CM/GC shall meet with GC’s Schedule of Values use to establish the Owner and Architect to review the GMP proposal and the written statement of its basisGMP. If the Owner or Architect discovers any inconsistencies or inaccuracies in the information presented, they shall promptly notify the The CM/GC, who shall make appropriate adjustments to the GMP proposal, its basis or both. 6.4.5 Prior to the Owner's acceptance by bidding and re- bidding of the CM/GC's GMP proposal and issuance of a Notice Work with Subcontractors or otherwise, shall undertake to Proceed, reduce the CM/GC shall not incur any cost to be reimbursed as part actual amounts of the Cost subcontracts entered into by the Contractor for the performance of the Work. The difference between (i) the sum of the subcontract amounts used to establish the Guaranteed Maximum Price as set forth in the Schedule of Values and (ii) the sum of the actual amounts of the subcontracts entered into by the Contractor for the performance of the Work, except taking into account any early payment or similar discounts, shall hereinafter be referred to as specifically provided in an Early Work Amendment"Buy-Out Savings. 6.4.6 The Owner " Buy-Out Savings shall authorize be tracked and cause calculated by the Architect to revise the Plans Contractor and Specifications reported to the extent necessary to reflect Owner (a) within ninety (90) days after the agreed-upon assumptions and clarifications contained in the GMP Amendment. Such revised Plans and Specifications shall be furnished to the CM/GC in accordance with schedules agreed to by the Owner, Architect and CM/GC. The CM/GC shall promptly notify the Architect and Owner if such revised Plans and Specifications are inconsistent with the agreed-upon assumptions and clarifications. 6.4.7 The GMP shall include in the Estimated Cost execution of the Work only those taxes which are enacted at the time the GMP is established. 6.4.8 The Estimated Cost of the Work shall include the CM/GC's contingency, a sum established by the CM/GC for the CM/GC's exclusive use to cover additional development of Plans and Specifications and unanticipated costs and unforeseen conditions which are properly reimbursable as Cost of the Work but which are not the basis for a Change Order. 6.4.9 The CM/GC shall work with the Architect and Owner to identify and confirm components and systems not specifically shown but required for a complete, fully functional Project. Owner will direct the Architect to complete the final Construction Documents in accordance with the Project scope agreed upon by all parties at the time the GMP is established. 6.4.10 Notwithstanding the level of detail represented in the GMP Supporting Documents, the CM/GC shall represent and warrant, at the time that it submits the GMP, that the GMP includes the entire cost of all components and systems required for a complete, fully functional facility. 6.4.11 In developing the GMP, the CM/GC shall include and identify such contingencies within the GMP as may be necessary to pay for unanticipated costs and unforeseen conditions that are required for a complete, fully functional facility.this Agreement;

Appears in 1 contract

Samples: Construction Manager/General Contractor Contract

Determination of GMP. 6.4.1 CM/GC shall deliver to Owner a proposed GMP and GMP Supporting Documents at a time designated by Owner during the Preconstruction Phase. If any actual subcontract Offers are available at the time the GMP is being established, CM/GC shall use those subcontract Offers in establishing the GMP.subcontract 6.4.2 As the Plans and Specifications may not be developed to the stage of biddable design documents at the time the GMP proposal is prepared, the CM/GC shall provide in the GMP for further development of the Plans and Specifications by the Architect Architect/Engineer that is consistent with the Contract Documents and reasonably inferable therefromfrom the Contract Documents. Such further development does not include such things as changes in scope, systems, kinds and quality of materials, finishes or equipment, all of which, if required, shall be incorporated by Change Order or Amendment with a corresponding GMP adjustmentadjustment only if it materially impacts the Estimated Cost of Work or the Schedule. 6.4.3 The CM/GC shall include with its GMP proposal a written statement of its basis (the "GMP Supporting Documents"), which shall include: (a) A list of the Plans and Specifications, including all addenda thereto and the conditions of the Contract, which were used in preparation of the GMP proposal. (b) A list of allowances and a statement of their basisbases. (c) A list of the clarifications and assumptions made by the CM/GC in the preparation of the GMP proposal to supplement the information contained in the Plans and Specifications. (d) The proposed GMP, including a statement of the estimated cost organized by trade categories, allowances, contingency, and other items and the associated fees that comprise the GMP. (e) The Date of Substantial Completion upon which the proposed GMP is based, and a schedule of the Construction Documents issuance dates upon which the date of Substantial Completion is based. 6.4.4 The CM/GC shall meet with the Owner and Architect Architect/Engineer to review the GMP proposal and the written statement of its basis. If the Owner or Architect Architect/Engineer discovers any inconsistencies or inaccuracies in the information presented, they shall promptly notify the CM/GC, who shall make appropriate adjustments to the GMP proposal, its basis or both. 6.4.5 Prior to the Owner's acceptance of the CM/GC's GMP proposal and issuance of a Notice to Proceed, the CM/GC shall not incur any cost to be reimbursed as part of the Cost of the Work, except as specifically provided in an Early Work Amendment. 6.4.6 The Owner shall authorize and cause the Architect Architect/Engineer to revise the Plans and Specifications to the extent necessary to reflect the agreed-upon assumptions and clarifications contained in the GMP Amendment. Such revised Plans and Specifications shall be furnished to the CM/GC in accordance with schedules agreed to by the Owner, Architect Architect/Engineer and CM/GC. The CM/GC shall promptly notify the Architect and Owner if such revised Plans and Specifications are inconsistent with the agreed-upon assumptions and clarifications.the 6.4.7 The GMP shall include in the Estimated Cost of the Work only those taxes which are enacted at the time the GMP is established. 6.4.8 The Estimated Cost of the Work shall include the CM/GC's contingency, a sum established by the CM/GC for the CM/GC's exclusive use to cover additional development of Plans and Specifications and unanticipated costs and unforeseen conditions which are properly reimbursable as Cost of the Work but which are not the basis for a Change OrderOrder and which are approved for use in advance by the owner. 6.4.9 The CM/GC shall work with the Architect Architect/Engineer and Owner as needed to identify and confirm components and systems not specifically shown but required for a complete, fully functional Project. Owner will direct the Architect Architect/Engineer to complete the final Construction Documents in accordance with the Project scope agreed upon by all parties at the time the GMP is established. 6.4.10 Notwithstanding the level of detail represented in the GMP Supporting Documents, the CM/GC shall represent and warrant, at the time that it submits the GMP, that the GMP includes the entire cost of all components and systems required for a complete, fully functional facility. 6.4.11 In developing the GMP, the CM/GC shall include and identify such contingencies within the GMP as may be necessary to pay for unanticipated costs and unforeseen conditions that are required for a complete, fully functional facility.

Appears in 1 contract

Samples: Construction Manager/General Contractor Contract

Determination of GMP. 6.4.1 CM/GC shall deliver to the Owner a Four (4) proposed GMP GMP(s) and GMP Supporting Documents at a time designated by Owner during the Preconstruction Phase. If any actual subcontract Offers are available at dates required on the time the GMP is being established, CM/GC shall use those subcontract Offers in establishing the GMP.Master Development schedule for each of the 6.4.2 As the Plans and Specifications may not be developed to the stage of biddable design documents at the time the GMP proposal is prepared, the CM/GC shall provide in the GMP for further development of the Plans and Specifications by the Architect that is consistent with the Contract Documents and reasonably inferable construction industry standards therefrom. Such further development does not include such things as changes in scope, systems, kinds and quality of materials, finishes or equipment, all of which, if required, shall be incorporated by Change Order or Amendment with a corresponding GMP adjustment. 6.4.3 The CM/GC shall include with its GMP proposal a written statement of its basis (the "GMP Supporting Documents"), which . This statement shall state what is included and excluded as defined in Article 8 “Cost of Work” and Article 9 “Costs excluded from the cost of the work” and shall also include: (a) A list of the Plans and Specifications, including all addenda thereto and the conditions of the Contract, which were used in preparation of the GMP proposal. (b) A list of allowances and a statement of their basis. (c) A list of the clarifications and assumptions made by the CM/GC in the preparation of the GMP proposal to supplement the information contained in the Plans and Specifications. (d) The proposed GMP, including a statement of the estimated cost organized by trade categories, allowances, contingency, and other items and the associated fees that comprise the GMP. (e) The Date of Substantial Completion and detailed construction schedule upon which the proposed GMP is based, and a schedule of the Construction Documents issuance dates upon which the date of Substantial Completion is based. 6.4.4 The CM/GC shall meet with the Owner and Architect to review the GMP proposal and the written statement of its basis. If the Owner or Architect discovers any inconsistencies or inaccuracies in the information presented, they shall promptly notify the CM/GC, who shall make appropriate adjustments to the GMP proposal, its basis or both. 6.4.5 Prior to the Owner's acceptance of the CM/GC's GMP proposal and issuance of a Notice to Proceed, the CM/GC shall not incur any cost to be reimbursed as part of the Cost of the Work, except as specifically provided in an Early Work Amendment. 6.4.6 The Owner shall authorize and cause the Architect to revise the Plans and Specifications to the extent necessary to reflect the agreed-upon assumptions and clarifications contained in the GMP Amendment. Such revised Plans and Specifications shall be furnished to the CM/GC in accordance with schedules agreed to by the Owner, Architect and CM/GC. The CM/GC shall promptly notify the Architect and Owner if such revised Plans and Specifications are inconsistent with the agreed-upon assumptions and clarifications.be 6.4.7 The GMP shall include in the Estimated Cost of the Work only those taxes which are enacted at the time the GMP is established. 6.4.8 The Estimated Cost of the Work shall include the CM/GC's contingency, a sum established by the CM/GC for the CM/GC's exclusive use to cover additional development of Plans and Specifications and unanticipated unforeseen costs and unforeseen conditions which are properly reimbursable as Cost of the Work but which are not the basis for a Change Order. 6.4.9 The CM/GC shall work with the Architect and Owner to identify and confirm components and systems not specifically shown but required for a complete, fully functional Project. Owner will direct the Architect to complete the final Construction Documents in accordance with the Project scope agreed upon by all parties at the time the GMP is established. 6.4.10 Notwithstanding the level of detail represented in the GMP Supporting Documents, the CM/GC shall represent and warrant, at the time that it submits the GMP, that the GMP includes the entire cost of all components and systems required for a complete, fully functional facility. 6.4.11 In developing the GMP, the CM/GC shall include and identify such contingencies within the GMP as may be necessary to pay for unanticipated costs and unforeseen conditions elements that are required for a complete, fully functional facility.

Appears in 1 contract

Samples: Cm/Gc Contract

Determination of GMP. 6.4.1 The CM/GC shall deliver to the Owner a proposed GMP and GMP Supporting Documents at a time designated by the Owner during the Preconstruction Phase. If any actual subcontract Offers are available at the time the GMP is being established, the CM/GC shall use those subcontract Offers in establishing the GMP. 6.4.2 As Because the Plans and Specifications may not be developed to the stage of biddable design documents at the time the GMP proposal is prepared, the CM/GC shall provide in the GMP for further development of the Plans and Specifications by the Architect that is consistent with the Contract Documents and reasonably inferable therefromfrom the Contract Documents. Such further development does not include such things as changes in scope, systems, kinds and quality of materials, finishes or equipment, all of which, if required, shall must be incorporated by Change Order or Amendment with a corresponding GMP adjustment. 6.4.3 The CM/GC shall include GMP Supporting Documents with its GMP proposal proposal, together with a written statement of its the CM/GC’s basis (for the "GMP. The GMP Supporting Documents"), which shall Documents must include: (a) A list of the Plans and Specifications, including all addenda thereto and the conditions of the Contract, which were used in preparation of the GMP proposal. (b) A list of allowances Allowances and a statement of their basisthe basis for each Allowance. (c) A list of the any clarifications and assumptions made by the CM/GC in the preparation of the GMP proposal proposal, which the CM/GC used to supplement the information contained in the Plans and Specifications. (d) The proposed GMP, including a statement of the estimated cost organized by trade categories, allowancesAllowances, contingency, and other items and the associated fees that comprise the GMP. (e) The Date date of Substantial Completion upon which the proposed GMP is based, based and a schedule of the Construction Documents issuance dates upon which the date of Substantial Completion is based. 6.4.4 The CM/GC shall meet with the Owner Owner, Owner’s Consultant, and the Architect to review the GMP proposal proposal, the GMP Supporting Documents and the any other written statement of its basisthe CM/GC’s basis for the GMP. If the Owner , Owner’s Consultant, or the Architect discovers any inconsistencies or inaccuracies in the information presented, they shall promptly notify the CM/GC, who shall make appropriate adjustments to the GMP proposal, its basis or both. 6.4.5 Prior to the Owner's acceptance of the CM/GC's GMP proposal and issuance of a Notice to Proceed, the CM/GC shall not incur any cost to be reimbursed as part of the Cost of the Work, except as specifically provided in an any Early Work Amendment. 6.4.6 The Owner shall authorize and cause the Architect to revise the Plans and Specifications to the extent necessary to reflect the agreed-upon assumptions and clarifications contained in the GMP Amendment. Such The Owner will direct the Architect to provide the revised Plans and Specifications shall be furnished to the CM/GC in accordance with schedules agreed to by the Owner, the Architect and the CM/GC. The CM/GC shall promptly notify the Architect and the Owner if such the revised Plans and Specifications are inconsistent with the agreed-upon assumptions and clarifications. 6.4.7 The GMP shall include in the Estimated Cost of the Work only those taxes which are enacted at the time the GMP is established. 6.4.8 The Estimated Cost of the Work shall be developed in accordance with Articles 8 and 9 and include the CM/GC's contingency, a sum established by the CM/GC for the CM/GC's exclusive use to cover additional development of Plans and Specifications and unanticipated costs and unforeseen conditions which that are properly reimbursable as Cost of the Work but which that are not the basis for a Change Order. However, the allocation and use of the CM/GC’s contingency shall be subject to Owner scrutiny. The CM/GC shall provide advance written notice to the Owner each time the CM/GC proposes to use the CM/GC’s contingency and shall include in the notice the proposed purpose for such use. 6.4.9 The CM/GC shall work with the Architect Architect, Owner’s Consultant, and the Owner as needed to identify and confirm components and systems not specifically shown but required for a complete, fully functional Project. The Owner will direct the Architect to complete the final Construction Documents in accordance with the Project scope agreed upon by all parties the Parties at the time the GMP is established. 6.4.10 Notwithstanding the level of detail represented in the GMP Supporting Documents, the CM/GC shall represent and warrant, at the time that it submits the GMPGMP to the Owner, that the GMP includes the entire cost of all components and systems required for a complete, fully functional facilityProject. 6.4.11 In developing the GMP, the CM/GC shall include and identify such contingencies within the GMP as may be necessary to pay for unanticipated costs and unforeseen conditions that are required for a complete, fully functional facilityProject.

Appears in 1 contract

Samples: Construction Manager/General Contractor Contract

Determination of GMP. 6.4.1 CM/GC shall deliver to Owner a proposed GMP and GMP Supporting Documents at a time designated by Owner during the Preconstruction Phase. If any actual subcontract Offers are available at the time the GMP is being established, CM/GC shall use those subcontract Offers in establishing the GMP. 6.4.2 As the Plans and Specifications may not be developed to the stage of biddable design documents at the time the GMP proposal is prepared, the CM/GC shall provide in the GMP for further development of the Plans and Specifications by the Architect that is consistent with the Contract Documents and reasonably inferable therefrom. Such further development does not include such things as changes in scope, systems, kinds and quality of materials, finishes or equipment, all of which, if required, shall be incorporated by Change Order or Amendment with a corresponding GMP adjustment. 6.4.3 The CM/GC shall include with its GMP proposal a written statement of its basis (the "GMP Supporting Documents"), which shall include: (a) A list of the Plans and Specifications, including all addenda thereto and the conditions of the Contract, which were used in preparation of the GMP proposal. (b) A list of allowances and a statement of their basis. (c) A list of the clarifications and assumptions made by the CM/GC in the preparation of the GMP proposal to supplement the information contained in the Plans and Specifications. (d) The proposed GMP, including a statement of the estimated cost organized by trade categories, allowances, contingency, and other items and the associated fees that comprise the GMP. (e) The Date of Substantial Completion upon which the proposed GMP is based, and a schedule of the Construction Documents issuance dates upon which the date of Substantial Completion is based. 6.4.4 The CM/GC shall meet with the Owner and Architect to review the GMP proposal and the written statement of its basis. If the Owner or Architect discovers any inconsistencies or inaccuracies in the information presented, they shall promptly notify the CM/GC, who shall make appropriate adjustments to the GMP proposal, its basis or both. 6.4.5 Prior to the Owner's acceptance of the CM/GC's GMP proposal and issuance of a Notice to Proceed, the CM/GC shall not incur any cost to be reimbursed as part of the Cost of the Work, except as specifically provided in an Early Work Amendment. 6.4.6 The Owner shall authorize and cause the Architect to revise the Plans and Specifications to the extent necessary to reflect the agreed-upon assumptions and clarifications contained in the GMP Amendment. Such revised Plans and Specifications shall be furnished to the CM/GC in accordance with schedules agreed to by the Owner, Architect and CM/GC. The CM/GC shall promptly notify the Architect and Owner if such revised Plans and Specifications are inconsistent with the agreed-upon assumptions and clarifications.revised 6.4.7 The GMP shall include in the Estimated Cost of the Work only those taxes which are enacted at the time the GMP is established. 6.4.8 The Estimated Cost of the Work shall include the CM/GC's contingency, a sum established by the CM/GC for the CM/GC's exclusive use to cover additional development of Plans and Specifications and unanticipated costs and unforeseen conditions which are properly reimbursable as Cost of the Work but which are not the basis for a Change Order. 6.4.9 The CM/GC shall work with the Architect and Owner to identify and confirm components and systems not specifically shown but required for a complete, fully functional Project. Owner will direct the Architect to complete the final Construction Documents in accordance with the Project scope agreed upon by all parties at the time the GMP is established. 6.4.10 Notwithstanding the level of detail represented in the GMP Supporting Documents, the CM/GC shall represent and warrant, at the time that it submits the GMP, that the GMP includes the entire cost of all components and systems required for a complete, fully functional facility. 6.4.11 In developing the GMP, the CM/GC shall include and identify such contingencies within the GMP as may be necessary to pay for unanticipated costs and unforeseen conditions that are required for a complete, fully functional facility.

Appears in 1 contract

Samples: Construction Manager/General Contractor Contract

Determination of GMP. 6.4.1 The CM/GC shall deliver to Owner a proposed GMP and GMP Supporting Documents at a time designated by Owner during the Preconstruction Phase. If any actual subcontract Offers (as defined in Article 3.1.6[a]) are available at the time the GMP is being established, CM/GC shall use those subcontract Offers in establishing the GMP. 6.4.2 As the Plans and Specifications (as defined in Section A.1 of the Xxxxxx County General Conditions) may not be developed to the stage of biddable design documents at the time the GMP proposal is prepared, the CM/GC shall provide in the GMP for further development of the Plans and Specifications by the Architect architect that is consistent with the Contract Documents and reasonably inferable therefrom. Such further development does not include such things as changes in scope, systems, kinds and quality of materials, finishes or equipment, all of which, if required, shall be incorporated by Change Order or Amendment with a corresponding GMP adjustment. 6.4.3 The CM/GC shall include with its the GMP proposal a written statement of its basis (the "GMP Supporting Documents"), which shall include: (a) A list of the Plans and Specifications, including all addenda thereto and the conditions of the Contract, which were used in preparation of the GMP proposal. (b) A list of allowances Allowances and a statement of their basis. (c) A list of the clarifications and assumptions made by the CM/GC in the preparation of the GMP proposal to supplement the information contained in the Plans and Specifications. (d) The proposed GMP, including a statement of the estimated cost organized by trade categories, allowances, contingency, and the other items and the associated fees that comprise the GMP. (e) The Date of Substantial Completion upon which the proposed GMP is based, based and a schedule of the Construction Documents issuance dates upon which the date of Substantial Completion is based. 6.4.4 The CM/GC shall meet with Owner, Owner’s Representative, and the Owner and Architect architect to review the GMP proposal and the written statement of its basis. If the Owner or Architect the architect discovers any inconsistencies or inaccuracies in the information presented, they shall promptly notify the CM/GC, who which shall make appropriate adjustments to the GMP proposal, its basis or both. 6.4.5 Prior to the Owner's acceptance of the CM/GC's GMP proposal and issuance of a Notice to Proceed, the CM/GC shall not incur any cost to be reimbursed as part of the Cost of the Work, except as specifically provided in an Early Work Amendment. 6.4.6 The Owner shall authorize and cause the Architect architect to revise the Plans and Specifications to the extent necessary to reflect the agreed-upon assumptions and clarifications contained in the GMP Amendment. Such revised Plans and Specifications shall be furnished to the CM/GC in accordance with schedules agreed to by the Owner, Architect the architect and the CM/GC. The CM/GC shall promptly notify the Architect architect and Owner if such revised Plans and Specifications are inconsistent with the agreed-upon assumptions and clarifications. 6.4.7 The GMP shall include in the Estimated Cost of the Work ECOW only those taxes which that are enacted at the time the GMP is established. 6.4.8 The Estimated Cost of the Work ECOW shall include the CM/GC's contingency, a sum established by the CM/GC for the CM/GC's exclusive use to cover additional development of Plans and Specifications and unanticipated costs and unforeseen conditions which are properly reimbursable as a Cost of the Work but which are not the basis for a Change Order. For purposes of the CM/GC’s contingency, unanticipated costs and unforeseen conditions include Work within the scope of the Project and any conditions that the CM/GC reasonably should have anticipated might be encountered in a project of this size and complexity. The CM/GC shall provide advance, written notice to Owner each time the CM/GC proposes to use its contingency and shall include in the notice the proposed purpose for such use and those approved for use in advance by Owner. 6.4.9 The CM/GC shall work with the Architect architect and Owner to identify and confirm components and systems not specifically shown but required for a complete, fully functional Project. Owner will direct the Architect architect to complete the final Construction Documents in accordance with the Project scope agreed upon by all parties at the time the GMP is established. 6.4.10 Notwithstanding the level of detail represented in the GMP Supporting Documents, the CM/GC shall represent and warrant, at the time that it submits the GMP, that the GMP includes the entire cost of all components and systems required for a complete, fully functional facilityProject. 6.4.11 In developing the GMP, the CM/GC shall include and identify such contingencies within the GMP as may be necessary to pay for unanticipated costs and unforeseen conditions that are required for a complete, fully functional facilityProject.

Appears in 1 contract

Samples: Construction Manager/General Contractor Contract

Determination of GMP. 6.4.1 CM/GC shall deliver to Owner a proposed GMP and GMP Supporting Documents at a time designated by Owner during the Preconstruction Phase, 202 . If any actual subcontract Offers are available at the time the GMP is being established, CM/GC shall use those subcontract Offers in establishing the GMP. 6.4.2 As the Plans and Specifications may not be developed to the stage of biddable design documents at the time the GMP proposal is prepared, the CM/GC shall provide in the GMP for further development of the Plans and Specifications by the Architect that is consistent with the Contract Documents and reasonably inferable therefrom. Such further development does not include such things as changes in scope, systems, kinds and quality of materials, finishes or equipment, all of which, if required, shall be incorporated by Change Order or Amendment with a corresponding GMP adjustment. 6.4.3 The CM/GC shall include with its GMP proposal a written statement of its basis (the "GMP Supporting Documents"), which . This statement shall state what is included and excluded as defined in Article 8 “Cost of Work” and Article 9 “Costs excluded from the cost of the work” and shall also include: (a) A list of the Plans and Specifications, including all addenda thereto and the conditions of the Contract, which were used in preparation of the GMP proposal. (b) A list of allowances and a statement of their basis. (c) A list of the clarifications and assumptions made by the CM/GC in the preparation of the GMP proposal to supplement the information contained in the Plans and Specifications. (d) The proposed GMP, including a statement of the estimated cost organized by trade categories, allowances, contingency, and other items and the associated fees that comprise the GMP. (e) The Date of Substantial Completion upon which the proposed GMP is based, and a schedule of the Construction Documents issuance dates upon which the date of Substantial Completion is based. 6.4.4 The CM/GC shall meet with the Owner and Architect to review the GMP proposal and the written statement of its basis. If the Owner or Architect discovers any inconsistencies or inaccuracies in the information presented, they shall promptly notify the CM/GC, who shall make appropriate adjustments to the GMP proposal, its basis or both. 6.4.5 Prior to the Owner's acceptance of the CM/GC's GMP proposal and issuance of a Notice to Proceed, the CM/GC shall not incur any cost to be reimbursed as part of the Cost of the Work, except as specifically provided in an Early Work Amendment. 6.4.6 The Owner shall authorize and cause the Architect to revise the Plans and Specifications to the extent necessary to reflect the agreed-upon assumptions and clarifications contained in the GMP Amendment. Such revised Plans and Specifications shall be furnished to the CM/GC in accordance with schedules agreed to by the Owner, Architect and CM/GC. The CM/GC shall promptly notify the Architect and Owner if such revised Plans and Specifications are inconsistent with the agreed-upon assumptions and clarifications. 6.4.7 The GMP shall include in the Estimated Cost of the Work only those taxes which are enacted at the time the GMP is established. 6.4.8 The Estimated Cost of the Work shall include the CM/GC's contingency, a sum established by the CM/GC for the CM/GC's exclusive use to cover additional development of Plans and Specifications and unanticipated unforeseen costs and unforeseen conditions which are properly reimbursable as Cost of the Work but which are not the basis for a Change Order. 6.4.9 The CM/GC shall work with the Architect and Owner to identify and confirm components and systems not specifically shown but required for a complete, fully functional Project. Owner will direct the Architect to complete the final Construction Documents in accordance with the Project scope agreed upon by all parties at the time the GMP is established. 6.4.10 Notwithstanding the level of detail represented in the GMP Supporting Documents, the CM/GC shall represent and warrant, at the time that it submits the GMP, that the GMP includes the entire cost of all components and systems required for a complete, fully functional facility. 6.4.11 In developing the GMP, the CM/GC shall include and identify such contingencies within the GMP as may be necessary to pay for unanticipated costs and unforeseen conditions elements that are required for a complete, fully functional facility.

Appears in 1 contract

Samples: Cm/Gc Contract

Determination of GMP. 6.4.1 CM/GC shall deliver to Owner a proposed GMP and GMP Supporting Documents at a time designated by Owner during the Preconstruction Phase. If any actual subcontract Offers are available at the time the GMP is being established, CM/GC shall use those subcontract Offers in establishing the GMP. 6.4.2 As the Plans and Specifications may not be developed to the stage of biddable design documents at the time the GMP proposal is prepared, the CM/GC shall provide in the GMP for further development of the Plans and Specifications by the Architect Architect/Engineer that is consistent with the Contract Documents and reasonably inferable therefromfrom the Agreement Documents. Such further development does not include such things as changes in scope, systems, kinds and quality of materials, finishes or equipment, all of which, if required, shall be incorporated by Change Order or Amendment with a corresponding GMP adjustmentadjustment only if it materially impacts the Estimated Cost of Work or the Schedule. 6.4.3 The CM/GC shall include with its GMP proposal a written statement of its basis (the "GMP Supporting Documents"). The GMP Supporting Documents shall expressly identify the Plans and Specifications, which shall includeassumptions, qualifications, exclusions, conditions, allowances, unit prices, and alternates that form the basis for the GMP including the following: (a) A list of the Plans and Specifications, including all addenda thereto and the conditions of the ContractAgreement, which were used in preparation of the GMP proposal. (b) A list of allowances and a statement of their basisbases. (c) A list of the clarifications and assumptions made by the CM/GC in the preparation of the GMP proposal to supplement the information contained in the Plans and Specifications. (d) The proposed GMP, including a statement of the estimated cost organized by trade categories, allowances, contingencyContingency, and other items and the associated fees that comprise the GMP. (e) The Date of Substantial Completion upon which the proposed GMP is based, and a schedule of the Construction Documents issuance dates upon which the date of Substantial Completion is based. 6.4.4 The CM/GC shall meet with the Owner and Architect Architect/Engineer to review the GMP proposal and the written statement of its basis. If the Owner or Architect Architect/Engineer discovers any inconsistencies or inaccuracies in the information presented, they shall promptly notify the CM/GC, who shall make appropriate adjustments to the GMP proposal, its basis or both. 6.4.5 Prior to the Owner's acceptance of the CM/GC's GMP proposal and issuance of a Notice to Proceed, the CM/GC shall not incur any cost to be reimbursed as part of the Cost of the Work, except as specifically provided in an Early Work Amendment. 6.4.6 The Owner shall authorize and cause the Architect Architect/Engineer to revise the Plans and Specifications to the extent necessary to reflect the agreed-upon assumptions and clarifications contained in the GMP Amendment. Such revised Plans and Specifications shall be furnished to the CM/GC in accordance with schedules agreed to by the Owner, Architect Architect/Engineer and CM/GC. The CM/GC shall promptly notify the Architect Architect/Engineer and Owner if such revised Plans and Specifications are inconsistent with the agreed-upon assumptions and clarifications. 6.4.7 The GMP shall include in the Estimated Cost of the Work only those taxes which are enacted at the time the GMP is established. 6.4.8 The Estimated Cost of the Work shall include the CM/GC's contingency, a sum established by the CM/GC for the CM/GC's exclusive use to cover additional development of Plans and Specifications and unanticipated costs and unforeseen conditions which are properly reimbursable as Cost of the Work but which are not the basis for a Change Order.Contingency 6.4.9 The CM/GC shall work with the Architect Architect/Engineer and Owner as needed to identify and confirm components and systems not specifically shown but required for a complete, fully functional Project. Owner will direct the Architect Architect/Engineer to complete the final Construction Documents in accordance with the Project scope agreed upon by all parties at the time the GMP is established. 6.4.10 Notwithstanding the level of detail represented in the GMP Supporting Documents, the CM/GC shall represent and warrant, at the time that it submits the GMP, that the GMP includes the entire cost of all components and systems required for a complete, fully functional facility. 6.4.11 In developing the GMP, the CM/GC shall include and identify such contingencies within the GMP as may be necessary to pay for unanticipated costs and unforeseen conditions that are required for a complete, fully functional facility.

Appears in 1 contract

Samples: Construction Manager/General Contractor Agreement

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