Guaranteed Maximum Price Proposal and Contract Time. § 2.2.1 At a time to be mutually agreed upon by the Owner and the Construction Manager and in consultation with the Architect, the Construction Manager shall prepare a Guaranteed Maximum Price proposal for the Owner’s review and acceptance. The Guaranteed Maximum Price in the proposal shall be the sum of the Construction Manager’s estimate of the Cost of the Work, including contingencies described in Section 2.2.4, and the
§ 2.2.2 To the extent that the Drawings and Specifications are anticipated to require further development by the Architect, the Construction Manager shall provide in the Guaranteed Maximum Price for such further development 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.
§ 2.2.3 The Construction Manager shall include with the Guaranteed Maximum Price proposal a written statement of its basis, which shall include the following:
.1 A list of the Drawings and Specifications, including all Addenda thereto, and the Conditions of the Contract;
.2 A list of the clarifications and assumptions made by the Construction Manager in the preparation of the Guaranteed Maximum Price proposal, including assumptions under Section 2.2.2, to supplement the information provided by the Owner and contained in the Drawings and Specifications;
.3 A statement of the proposed Guaranteed Maximum Price, including a statement of the estimated Cost of the Work organized by trade categories or systems, allowances, contingency, and the Construction Manager’s Fee;
Guaranteed Maximum Price Proposal and Contract Time. 7.1.1 The Owner may at any time request, and the Construction Manager shall thereafter submit within 45 days after the Owner’s request, a proposed “Guaranteed Maximum Price” for the full scope of the Work; provided however, that if the Owner has not then requested a Guaranteed Maximum Price, the Construction Manager shall prepare and deliver a Guaranteed Maximum Price proposal not later than sixty (60) days after the receipt of ninety percent (90%) of the dollar value of the bids. The Guaranteed Maximum Price proposal shall include all of the components identified in Section 7.2. The Owner may accept or reject the Guaranteed Maximum Price proposal.
7.1.1.1 If the Owner approves the Guaranteed Maximum Price proposal on or before the date specified in the proposal for such acceptance, the Guaranteed Maximum Price proposal shall be effective and shall become a part of this Agreement.
7.1.1.2 If the Owner rejects any Guaranteed Maximum Price proposal, but the Owner nevertheless elects to proceed with the Project, a Guaranteed Maximum Price submittal will be required sixty (60) days after the receipt of ninety percent (90%) of the dollar value of the bids.
7.1.1.3 During the review period of the Guaranteed Maximum Price proposal, the Construction Manager shall continue to work under the Fixed Limit of Construction Cost and work with the Owner to refine the proposal, if required by the Owner, until it is either accepted or rejected.
7.1.1.4 The date on which the Guaranteed Maximum Price is accepted by the Owner shall not result in an extension of the Contract Time.
7.1.1.5 The Guaranteed Maximum Price is defined as the “Contract Sum” in the Standard General Conditions.
7.1.2 The Construction Manager will participate in Owner/Design Professional meetings and will be given ample opportunity to ask questions to obtain a thorough understanding of the intended final product. Particularly in the case of phased construction, the Drawings and Specifications may not be finished at the time the Guaranteed Maximum Price proposal is prepared, the Construction Manager shall provide in the Guaranteed Maximum Price proposal consideration for further development of the Drawings and Specifications by the Design Professional (including addition of detail) that is consistent with the Contract Documents, including items reasonably inferable therefrom or from the Owner’s program (if provided to the Construction Manager), the Owner’s comments on the Design (if provided to the Constru...
Guaranteed Maximum Price Proposal and Contract Time. § 2.2.1 When all design elements of the Drawings and Specifications are at least ninety percent (90%) complete as determined by the Architect and the Construction Manager, the Construction Manager shall propose a Guaranteed Maximum Price, which shall be the sum of the Cost of the Work, including contingencies described in Section 2.2.4, the General Conditions and the Construction Manager’s Fee. If any Guaranteed Maximum Price proposal submitted to the Owner exceeds previously approved estimates or the Owner’s budget, the Construction Manager shall make appropriate recommendations to the Owner and Architect for cost reductions including, but not limited to, substitution of materials or revisions or alterations to the Construction Documents, in order to bring the Project within the Owner’s budget, but shall not delete necessary components of the Project without Owner’s consent. In the event that the quality or scope identified in the proposal are unacceptable or exceed the Owner’s budget, the Construction Manager shall work with the Architect to develop options that are acceptable to the Owner, that are
§ 2.2.2 To the extent that the Drawings and Specifications are anticipated to require further development by the Architect, the Construction Manager shall provide in the Guaranteed Maximum Price for such further development 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.
§ 2.2.3 The Construction Manager shall include with the Guaranteed Maximum Price proposal a written statement of its basis, which shall include the following:
.1 A list of the Drawings and Specifications, including all Addenda thereto, and the Conditions of the Contract;
.2 A list of the clarifications and assumptions made by the Construction Manager in the preparation of the Guaranteed Maximum Price proposal, including assumptions under Section 2.2.2, to supplement the information provided by the Owner and contained in the Drawings and Specifications;
.3 A statement of the proposed Guaranteed Maximum Price, including a statement of the estimated Cost of the Work organized by trade categories or systems, allowances, contingency, and the Construction Manager’s Fee;
Guaranteed Maximum Price Proposal and Contract Time. 3.10.1 When the Construction Documents are 98% complete, Construction Manager will propose a GMP, which is the total not-to-exceed estimate of the cost of Work and the Construction Manager’s fee, and which is attached hereto as Exhibit “C.” The GMP shall include all labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and any other services necessary for the proper execution and completion of the Work. Except as provided in this Article 3 and Exhibit “C”, the Cost of the Work shall not include:
3.10.1.1 Salaries and other compensation of the Construction Manager’s personnel stationed at the Construction Manager’s principal office or offices other than the site office.
3.10.1.2 Expenses of the Construction Manager’s principal office and offices other than the site office.
3.10.1.3 Off-site overhead and general expenses
3.10.1.4 The Construction Manager’s capital expenses, including interest on the Construction Manager’s capital employed for the Work.
3.10.1.5 Any costs not specifically and expressly described in this Article 3 or Exhibit “C”.
3.10.2 After the Construction Manager proposes a GMP, the Architect shall not modify the Construction Documents to include such things as changes in scope, systems, kinds and quality of materials, finishes or equipment. If these modifications are required, all of which, if required, shall be incorporated by change order
3.10.3 The GMP cost of Work shall include the Construction Manager’s contingency, which is defined as a sum estimated by the Construction Manager to cover unforeseen costs during construction. The Owner retains exclusive use of the contingency, and all expenditures must be approved in writing by the Owner.
Guaranteed Maximum Price Proposal and Contract Time. When the Intermediate Design Documents are approved by the Owner, the Construction Manager shall propose a Guaranteed Maximum Price, which shall be the sum of the estimated Cost of the Work and the Construction Manager’s Fee. As the Drawings and Specifications may not be finished at the time the Guaranteed Maximum Price proposal is prepared, the Construction Manager shall provide in the Guaranteed Maximum Price for further development of the Drawings 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. The estimated Cost of the Work shall include the Construction Manager’s contingency, a sum established by the Construction Manager for the Construction Manager’s exclusive use to cover costs arising under Subparagraph 2.2.2 and other costs which are properly reimbursable as Cost of the Work but not the basis for a Change Order.
Guaranteed Maximum Price Proposal and Contract Time. 2.2.1 At a time to be mutually agreed upon by County and XXXX and in consultation with A/E, XXXX shall prepare a GMP proposal for County's review and acceptance. The GMP in the proposal shall be the sum of XXXX'x estimate of the Cost of the Work, XXXX’x Fee, and Owner’s Contingency.
2.2.2 To the extent that the Drawings and Specifications are anticipated to require further development by A/E, XXXX shall provide in the GMP for such further development 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.
2.2.3 XXXX shall include with the GMP proposal a written statement of its basis, which shall include the following:
.1 A list of the Drawings and Specifications, including all Addenda thereto, and the Conditions of this Contract;
.2 A list of the clarifications and assumptions made by XXXX in the preparation of the GMP proposal, including assumptions under Paragraph 2.2.2, to supplement the information provided by County and contained in the Drawings and Specifications;
.3 A statement of the proposed GMP, including a statement of the estimated Cost of the Work organized by trade categories or systems, allowances, and XXXX'x Fee;
Guaranteed Maximum Price Proposal and Contract Time. 3.10.1 When the Construction Documents are 98% complete, Construction Manager will propose a GMP, which is the total not-to-exceed estimate of the cost of Work and the Construction Manager’s fee, and which is attached hereto as Exhibit “C.” The GMP shall include all labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and any other services necessary for the proper execution and completion of the Work. Such GMP Proposal will be subject to modification for changes in the Project; however, the actual price paid for the Work by the Owner shall be the actual cost of all Work plus the Construction Manager’s fees or the GMP Proposal, whichever is less when the work is complete. Except as provided in this Article 3 and Exhibit “C,” the Cost of the Work shall not include:
3.10.1.1 Salaries and other compensation of the Construction Manager’s personnel stationed at the Construction Manager’s principal office or offices other than the site office and any compensation in the nature of incentives or bonuses of any such personnel at any office or site.
3.10.1.2 Expenses of the Construction Manager’s principal office and offices other than the site office.
3.10.1.3 Off-site overhead and general expenses
3.10.1.4 The Construction Manager’s capital expenses, including interest on the Construction Manager’s capital employed for the Work.
3.10.1.5 Any costs not specifically and expressly described in this Article 3 or Exhibit “C.”
3.10.2 After the Construction Manager proposes a GMP, the Architect shall not modify the Construction Documents to include such things as changes in scope, systems, kinds and quality of materials, finishes or equipment. If these modifications are required, all of which, if required, shall be incorporated by change order
3.10.3 The GMP cost of Work shall include the Construction Manager’s contingency, which is defined as a sum estimated by the Construction Manager to cover unforeseen costs during construction. The Owner retains exclusive use of the contingency, and all expenditures must be approved in writing by the Owner.
Guaranteed Maximum Price Proposal and Contract Time. 2.2.1 When the Drawings and Specifications are sufficiently complete, the Construction Manager shall propose a Guaranteed Maximum Price, which shall be the sum of the estimated Cost of the Work and the Construction Manager’s Fee.
2.2.2 As the Drawings and Specifications may not be finished at the time the Guaranteed Maximum Price proposal is prepared, the Construction Manager shall provide in the Guaranteed Maximum Price for further development of the Drawings 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.
Guaranteed Maximum Price Proposal and Contract Time. § 2.2.1 At a time to be mutually agreed upon by the Owner and the Construction Manager, and when the Drawings and Specifications are at least ninety percent (90%) complete, the Owner and the Architect will submit a “GMP set” of Construction Documents to the Construction Manager, and, within twenty-one (21) days of receipt, and in consultation with the Architect and the Owner, the Construction Manager shall prepare a Guaranteed Maximum Xxxxx proposal for the Owner’s review and acceptance. The Guaranteed Maximum Price in the proposal shall be the sum of the Construction Manager’s estimate of the Cost of the Work, including contingencies described in Section 2.2.4, and the Construction Manager’s Fee. The Construction Manager shall promptly notify the Owner if it does not consider the Drawings and Specifications to be at least ninety percent (90%) complete and shall not propose a GMP until the applicable Drawings and Specifications are at least ninety percent (90%) complete. The scope of the Work shall not be divided into multiple GMPs except to the extend included in the approved Subcontracting Plan
§ 2.2.2 To the extent that the Drawings and Specifications are anticipated to require further development by the Architect, the Construction Manager shall provide in the Guaranteed Maximum Price for such further development consistent with the Contract Documents and reasonably inferable therefrom. from the Contract Documents and will also provide for market conditions at the time of bidding and possible estimating inaccuracies within the GMP. Such further development does not include such things as material changes in scope, systems, kinds and quality of materials, finishes or equipment, all of which, if required, shall be incorporated by Change Order. A Change in the Work will not be warranted if the Work in question was reasonably inferable from or contemplated by, or a prudent contractor should have realized that the Work was necessary and appropriate under, the Contract Documents referenced in the GMP Amendment.
Guaranteed Maximum Price Proposal and Contract Time. 2.2.1 When the Drawings and Specifications are sufficiently complete, and after the bids and responses of the subcontractors and trade contractors have been reviewed and evaluated by the Construction Manager and the Construction Manager has made its recommendations to the Owner of the bids and responses to be accepted, the Construction Manager shall propose a GMP, which shall be the sum of the estimated Cost of the Work and the Construction Manager’s Fee.
2.2.2 As the Drawings and Specifications may not be finished at the time the GMP proposal is prepared, the Construction Manager shall provide in the GMP for further development of the Drawings and Specifications by the Architect that is consistent with the Contract Documents and reasonably inferable there from. 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.
2.2.3 The estimated Cost of the Work shall include the Construction Manager’s contingency, a sum established by the Construction Manager for the Construction Manager’s exclusive use to cover costs arising under Subparagraph 2.2.2 and other costs which are properly reimbursable as Cost of the Work but not the basis for a Change Order. The contingency shall be included in the GMP. Any unused portion of the contingency shall be retained by the Owner.
