GMP Development Process. Design Professional shall deliver to Construction Manager on or before the date set forth in the Project Schedule, the GMP Drawings and Specifications and the Design Professional’s Statement of Incomplete Documents, for the applicable Deliverable Portion of Work (collectively, the “GMP Documents”). Owner Parties and Construction Manager shall include in the GMP Documents, Work that shall be priced, scheduled, and included in the Contract Documents, as an Alternate, and Work that shall be priced, scheduled, and included in the Contract Documents, as an Allowance. The Alternate Schedule shall include the required start dates for each Alternate, and the sequencing priority of implementing each Alternate. Within fourteen (14) Days after receipt of the GMP Documents and in accordance with the Project Schedule, Construction Manager shall submit to Owner Parties its proposed GMP and its proposed GMP Qualifications and Assumptions (collectively, the “GMP Proposal”), all based upon the applicable GMP Documents, on the form GMP Amendment attached as Exhibit D. Construction Manager acknowledges and agrees the GMP Drawings and Specifications may require further substantial development at the time Construction Manager prepares its GMP Proposal, and that its GMP Proposal takes into account such further development. Construction Manager shall include in each such GMP Proposal, Alternate pricing and Allowance pricing, applicable to the Deliverable Portion of Work for which the GMP Proposal is issued. By including an Allowance in a GMP Proposal, Construction Manager represents and warrants it is a reasonable estimate of the Cost of the Work of such Allowance, based on Construction Manager’s best skill and judgment, based on Drawings and Specifications that are sufficiently detailed to make such an estimate. Each Alternate’s and Allowance’s pricing shall remain valid from the date Construction Manager issues its final GMP Proposal through the date of Final Completion of the applicable Deliverable Portion of Work containing each such Alternate or Allowance unless, in the case of an Allowance, Construction Manager develops a final price for that portion of the Work included in such Allowance, in which case that final price shall remain valid through the date of Final Completion of the applicable Deliverable Portion of Work. Within ten (10) Days after Construction Manager delivers a GMP Proposal, Construction Manager shall submit to Owner Parties its Work plan for the applicable Deliverable Portion of Work. Within fourteen (14) Days after Owner receives a GMP Proposal, the Project Development Team shall meet to reconcile its questions, gaps, and disagreements pertaining to any part of the GMP Documents and the GMP Proposal, and shall agree in writing to the GMP Proposal’s final form. Following the Project Development Team’s meeting and on or before the date set forth in the Project Schedule, Construction Manager shall submit to Owner Parties its final, reconciled, and signed, GMP Proposal. Upon Owner’s approval and signature, that final GMP proposal shall become a GMP Amendment and shall be revised only by Change Order. Each GMP Amendment shall include a Guaranteed Substantial Completion Date for the applicable Deliverable Portion of Work as updated and set forth in the Project Schedule. Notwithstanding anything to the contrary contained in the Contract Documents, unless and until the Parties enter into a GMP Amendment, Construction Manager’s rights, including to payment, under the Contract Documents shall be limited to only its preconstruction phase services and Early Work set forth in an Early Work Amendment.
Appears in 3 contracts
Samples: Construction Manager and General Contractor Agreement, Construction Manager at Risk and General Contractor Agreement, Construction Manager and General Contractor Agreement
GMP Development Process. Design Professional shall deliver to Construction Manager on or before the date set forth in the Project Schedule, the GMP Drawings and Specifications and the Design Professional’s Statement of Incomplete Documents, for the applicable Deliverable Portion of Work (collectively, the “GMP Documents”). Owner Parties and Construction Manager shall include in the GMP Documents, Work that shall be priced, scheduled, and included in the Contract Documents, as an Alternate, and Work that shall be priced, scheduled, and included in the Contract Documents, as an Allowance. The Alternate Schedule shall include the required start dates for each Alternate, and the sequencing priority of implementing each Alternate. Within fourteen (14) Days after receipt of the GMP Documents and in accordance with the Project Schedule, Construction Manager shall submit to Owner Parties its proposed GMP and its proposed GMP Qualifications and Assumptions (collectively, the “GMP Proposal”), all based upon the applicable GMP Documents, on the form GMP Amendment attached as Exhibit D. Construction Manager acknowledges and agrees the GMP Drawings and Specifications may require further substantial development at the time Construction Manager prepares its GMP Proposal, and that its GMP Proposal takes into account such further development. SAMPLE Construction Manager shall include in each such GMP Proposal, Alternate pricing and Allowance pricing, applicable to the Deliverable Portion of Work for which the GMP Proposal is issued. By including an Allowance in a GMP Proposal, Construction Manager represents and warrants it is a reasonable estimate of the Cost of the Work of such Allowance, based on Construction Manager’s best skill and judgment, based on Drawings and Specifications that are sufficiently detailed to make such an estimate. Each Alternate’s and Allowance’s pricing shall remain valid from the date Construction Manager issues its final GMP Proposal through the date of Final Completion of the applicable Deliverable Portion of Work containing each such Alternate or Allowance unless, in the case of an Allowance, Construction Manager develops a final price for that portion of the Work included in such Allowance, in which case that final price shall remain valid through the date of Final Completion of the applicable Deliverable Portion of Work. Within ten (10) Days after Construction Manager delivers a GMP Proposal, Construction Manager shall submit to Owner Parties its Work plan for the applicable Deliverable Portion of Work. [Optional – discussion point] Within fourteen (14) Days after Owner receives a GMP Proposal, [the Project Development Team Team] shall meet to reconcile its questions, gaps, and disagreements pertaining to any part of the GMP Documents and the GMP Proposal, and shall agree in writing to the GMP Proposal’s final form. Following [the Project Development Team’s ’s] meeting and on or before the date set forth in the Project Schedule, Construction Manager shall submit to Owner Parties its final, reconciled, and signed, GMP Proposal. Upon Owner’s approval and signature, that final GMP proposal shall become a GMP Amendment and shall be revised only by Change Order. Each GMP Amendment shall include a Guaranteed Substantial Completion Date for the applicable Deliverable Portion of Work as updated and set forth in the Project Schedule. Notwithstanding anything to the contrary contained in the Contract Documents, unless and until the Parties enter into a GMP Amendment, Construction Manager’s rights, including to payment, under the Contract Documents shall be limited to only its preconstruction phase services and Early Work set forth in an Early Work Amendment.
Appears in 2 contracts
Samples: Construction Manager at Risk and General Contractor Agreement, Construction Manager at Risk and General Contractor Agreement
GMP Development Process. Design Professional shall deliver to Construction Manager on or before the date set forth in the Project Schedule, the GMP Drawings and Specifications and the Design Professional’s Statement of Incomplete Documents, for the applicable Deliverable Portion of Work (collectively, the “GMP Documents”). Owner Parties and Construction Manager shall include in the GMP Documents, Work that shall be priced, scheduled, and included in the Contract Documents, as an Alternate, and Work that shall be priced, scheduled, and included in the Contract Documents, as an Allowance. The Alternate Schedule shall include the required start dates for each Alternate, and the sequencing priority of implementing each Alternate. Within fourteen (14) Days after receipt of the GMP Documents and in accordance with the Project Schedule, Construction Manager shall submit to Owner Parties its proposed GMP and its proposed GMP Qualifications and Assumptions (collectively, the “GMP Proposal”), all based upon the applicable GMP Documents, on the form GMP Amendment attached as Exhibit D. Construction Manager acknowledges and agrees the GMP Drawings and Specifications may require further substantial development at the time Construction Manager prepares its GMP Proposal, and that its GMP Proposal takes into account such further development. Construction Manager shall include in each such GMP Proposal, Alternate pricing and Allowance pricing, applicable to the Deliverable Portion of Work for which the GMP Proposal is issued. By including an Allowance in a GMP Proposal, Construction Manager represents and warrants it is a reasonable estimate of the Cost of the Work of such Allowance, based on Construction Manager’s best skill and judgment, based on Drawings and Specifications that are sufficiently detailed to make such an estimate. Each Alternate’s and Allowance’s pricing shall remain valid from the date Construction Manager issues its final GMP Proposal through the date of Final Completion of the applicable Deliverable Portion of Work containing each such Alternate or Allowance unless, in the case of an Allowance, Construction Manager develops a final price for that portion of the Work included in such Allowance, in which case that final price shall remain valid through the date of Final Completion of the applicable Deliverable Portion of Work. Within ten (10) Days after Construction Manager delivers a GMP Proposal, Construction Manager shall submit to Owner Parties its Work plan for the applicable Deliverable Portion of Work. [Optional – discussion point] Within fourteen (14) Days after Owner receives a GMP Proposal, [the Project Development Team Team] shall meet to reconcile its questions, gaps, and disagreements pertaining to any part of the GMP Documents and the GMP Proposal, and shall agree in writing to the GMP Proposal’s final form. Following [the Project Development Team’s ’s] meeting and on or before the date set forth in the Project Schedule, Construction Manager shall submit to Owner Parties its final, reconciled, and signed, GMP Proposal. Upon Owner’s approval and signature, that final GMP proposal shall become a GMP Amendment and shall be revised only by Change Order. Each GMP Amendment shall include a Guaranteed Substantial Completion Date for the applicable Deliverable Portion of Work as updated and set forth in the Project Schedule. Notwithstanding anything to the contrary contained in the Contract Documents, unless and until the Parties enter into a GMP Amendment, Construction Manager’s rights, including to payment, under the Contract Documents shall be limited to only its preconstruction phase services and Early Work set forth in an Early Work Amendment.
Appears in 1 contract
Samples: Construction Manager at Risk and General Contractor Agreement