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 Construction Manager), and general industry standards. Hence, the Construction Manager acknowledges that the Drawings and Specifications are not complete and agrees that the Guaranteed Maximum Price shall not increase as a result of this. However, 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 as described in Article 7 of the Standard General Conditions, “Changes in the Work.”
Appears in 3 contracts
Samples: Professional Services, Professional Services, Professional Services
Guaranteed Maximum Price Proposal and Contract Time. 7.1.1 The Owner may at any time request§ 2.2.1 When the Drawings and Specifications are sufficiently complete for the design package identified in Exhibit C, attached, and incorporated herein by reference, as determined by the Design Profession, CM/GC, and the Construction Manager Owner, the CM/GC shall thereafter issue invitations to bid within fourteen (14) days of written authorization by the Owner to the Subcontractors and suppliers. All construction work, materials and equipment shall be competitively bid and opened publicly in the presence of the Owner and shall be awarded to the lowest responsive and qualified bidders in accordance with Section 54-4511, Idaho Code.
§ 2.2.2 The CM/GC may bid on subcontract work that it customarily performs. If the CM/GC intends to bid on any of the Work identified pursuant to this Section, it shall advise the Owner in writing prior to issuing invitations to bid and is required to submit within 45 a bid in accordance with this provision and Section 2.2.3. Notice of the CM/GC’s intention to bid shall be clearly indicated in the solicitation for that portion of the Work. Whenever the CM/GC competes with other bidders, the Owner’s representative shall receive, open, and read bid publicly.
§ 2.2.3 The CM/GC shall require in the invitation to bid that subcontractors and suppliers will hold bid prices and that bid prices shall remain effective for no less than forty-five (45) days.
§ 2.2.4 At a time to be mutually agreed upon by the Owner and the CM/GC, but in no case, later than thirty (30) days after the Owner’s requestlast bid is received, a proposed “Guaranteed Maximum Price” for and in consultation with the full scope of the Work; provided however, that if the Owner has not then requested a Guaranteed Maximum PriceDesign Professional, the Construction Manager CM/GC shall prepare and deliver a Guaranteed Maximum Price (GMP) proposal not later than sixty (60) days after for the receipt of ninety percent (90%) of the dollar value of the bidsOwner’s review and acceptance. 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 the sum of the CM/GC’s estimate of the Cost of the Work, including contingencies described in Section 6.2.4, and shall become a part of this Agreementthe CM/GC’s Fee.
7.1.1.2 If § 2.2.5 To 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, extent that the Drawings and Specifications may not be finished at are anticipated to require further development by the time the Guaranteed Maximum Price proposal is preparedDesign Professional, the Construction Manager CM/GC shall provide in the Guaranteed Maximum Price proposal consideration for such further development of the Drawings and Specifications by the Design Professional (including addition of detail) that is consistent with the Contract Documents, including items Documents and 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 Construction Manager), and general industry standardstherefrom. Hence, the Construction Manager acknowledges that the Drawings and Specifications are not complete and agrees that the Guaranteed Maximum Price shall not increase as a result of this. However, Such further development does not include such things as material changes in scope, systems, kinds kinds, and quality of materials, finishes or equipment, all of which, if required, shall be incorporated by Change Order as described in Article 7 Order.
§ 2.2.6 The CM/GC shall include with the Guaranteed Maximum Price proposal a written statement of its basis, which shall include the following:
.1 A list of the Standard General ConditionsDrawings and Specifications, “Changes including all Addenda thereto, and the Conditions of the Contract used in the Work.”preparation of the Guaranteed Maximum Price;
Appears in 3 contracts
Samples: Construction Manager / General Contractor Agreement, Construction Manager / General Contractor Agreement, Construction Manager / General Contractor Agreement
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 Construction Manager), and general industry standards. Hence, the Construction Manager acknowledges that the Drawings and Specifications are not complete and agrees that the Guaranteed Maximum Price shall not increase as a result of this. However, 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 as described in Article 7 of the Standard General Conditions, “Changes in the Work.”
7.1.3 The Guaranteed Maximum Price shall include a contingency (the “Construction Manager’s Contingency”).
7.1.3.1 The Construction Manager’s Contingency shall represent a sum available for the Construction Manager’s exclusive use to cover costs which would have been properly reimbursable as Construction Cost, such as minor work that was not included in a prior bid package or work not indicated on the bid drawings. Construction Manager’s Contingency, to the extent available, may also be used to cover the cost of Work which should have reasonably been detected during a review of the design documents but was not, provided however, that the Construction Manger’s Contingency will not be increased for use as a result of these items. Any savings in bid packages over the estimate shall accrue to an Owner’s contingency, which shall be available for the Owner’s use in its sole discretion. The use of the Construction Manager’s Contingency shall require prior written concurrence by the Owner for any item. In addition, a monthly report summarizing and detailing all of the Construction Manager’s Contingency utilization shall be issued to the Owner.
Appears in 2 contracts
Samples: Professional Services Agreement, Professional Services Agreement
Guaranteed Maximum Price Proposal and Contract Time. 7.1.1 The § 2.2.1 At a time to be mutually agreed upon by the Owner may at any time request, and the Construction Manager shall thereafter submit within 45 days after and in consultation with 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 PriceArchitect, the Construction Manager shall prepare and deliver a Guaranteed Maximum Price proposal not later than sixty (60) days after for the receipt of ninety percent (90%) Owner’s review and acceptance. It is the intent that the Guaranteed Maximum Price in the proposal shall be established based on the Construction Documents and shall be the sum of the dollar value Construction Manager’s estimate of the bidsCost of the Work, including contingencies described in Section 2.2.4, the Construction Manager’s Fee, and the Construction Manager’s fixed General Conditions. The If any Guaranteed Maximum Price proposal submitted to the Owner exceeds previously approved estimates or the Owner’s budget, then the Construction Manager shall include all 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, to bring the Project within the Owner’s budget, but shall not delete necessary components of the components Project without Owner’s consent. In the event that the quality or scope 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, are unacceptable or exceed 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 proposalOwner’s identified budget, the Construction Manager shall continue to work under the Fixed Limit of Construction Cost and work with the Owner Architect to refine the proposaldevelop options that are acceptable to Owner, if required by are within the Owner’s budget, until it and meet the Owner’s requirements for dates of Substantial Completion and Final Completion. The Construction Manager may propose separate Guaranteed Maximum Prices for separate Works within the Project, as schedules and efficiencies dictate. The Construction Manager will work with the Architect to achieve a Guaranteed Maximum Price that is either accepted or rejectedfully acceptable to Owner and is within the Owner’s budget for the Work and for the Project.
7.1.1.4 The date on which § 2.2.1.1 Owner and Contractor agree that the Guaranteed Maximum Price is accepted by may include an estimating contingency mutually agreed to in writing in advance base on the Owner shall not result in an extension level of completion of the Contract Time.
7.1.1.5 The documents. This estimating contingency is for the Contractor’s use during the Preconstruction phase to protect the Guaranteed Maximum Price is defined as from estimating errors and the “Contract Sum” in market conditions at the Standard General Conditionstime of subcontractor bidding.
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 § 2.2.2 To the intended final product. Particularly in the case of phased construction, extent that the Drawings and Specifications may not be finished at are anticipated to require further development by the time the Guaranteed Maximum Price proposal is preparedArchitect, the Construction Manager shall provide in the Guaranteed Maximum Price proposal consideration for such further development consistent with the Contract Documents and reasonably inferable therefrom.
§ 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 by the Design Professional (including addition of detail) that is consistent with the Contract DocumentsSpecifications, 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 Construction Manager)all Addenda thereto, and general industry standards. Hence, the Conditions of the Contract;
.2 A list of the clarifications and assumptions made by the Construction Manager acknowledges that in the Drawings and Specifications are not complete and agrees that preparation of the Guaranteed Maximum Price shall not increase as 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 result statement of this. However, further development does not include such things as material changes in scope, the estimated Cost of the Work organized by trade categories or systems, kinds allowances, contingency, general conditions and quality of materials, finishes or equipment, all of which, if required, shall be incorporated by Change Order as described in Article 7 of the Standard General Conditions, “Changes in the Work.”Construction Manager’s Fee;
Appears in 1 contract
Samples: Standard Form of Agreement Between Owner and Construction Manager as Constructor
Guaranteed Maximum Price Proposal and Contract Time. 7.1.1 The Owner may at any time request§ 2.2.1 When the Drawings and Specifications are sufficiently complete for the design package identified in Exhibit C, attached and incorporated herein by reference, as determined by the Design Profession, CM/GC, and the Construction Manager Owner, the CM/GC shall thereafter issue invitations to bid within fourteen (14) days of written authorization by the Owner to the Subcontractors and suppliers. All construction work, materials and equipment shall be competitively bid and opened publicly in the presence of the Owner, and shall be awarded to the lowest responsive and qualified bidders in accordance with Section 54-4511, Idaho Code.
§ 2.2.2 The CM/GC may bid on subcontract work that it customarily performs. If the CM/GC intends to bid on any of the Work identified pursuant to this Section, it shall advise the Owner in writing prior to issuing invitations to bid, and is required to submit within 45 days after a bid in accordance with this provision and Section 2.2.3. Notice of the CM/GC’s intention to bid shall be clearly indicated in the solicitation for that portion of the Work. Whenever the CM/GC competes with other bidders, the Owner’s requestrepresentative shall receive, a proposed “Guaranteed Maximum Price” open and read bid publicly.
§ 2.2.3 The CM/GC shall require in the invitation to bid that subcontractors and suppliers will hold bid prices and that bid prices shall remain effective 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 no less than sixty (60) days.
§ 2.2.4 At a time to be mutually agreed upon by the Owner and the CM/GC, but in no case, later than thirty (30) days after the receipt of ninety percent last bid is received, and in consultation with the Design Professional, the CM/GC shall prepare a Guaranteed Maximum Price (90%GMP) of proposal for the dollar value of the bidsOwner’s review and acceptance. 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 the sum of the CM/GC’s estimate of the Cost of the Work, including contingencies described in Section 2.2.7, and shall become a part of this Agreementthe CM/GC’s Fee.
7.1.1.2 If § 2.2.5 To 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, extent that the Drawings and Specifications may not be finished at are anticipated to require further development by the time the Guaranteed Maximum Price proposal is preparedDesign Professional, the Construction Manager CM/GC shall provide in the Guaranteed Maximum Price proposal consideration for such further development of the Drawings and Specifications by the Design Professional (including addition of detail) that is consistent with the Contract Documents, including items Documents and 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 Construction Manager), and general industry standardstherefrom. Hence, the Construction Manager acknowledges that the Drawings and Specifications are not complete and agrees that the Guaranteed Maximum Price shall not increase as a result of this. However, 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 as described in Article 7 Order.
§ 2.2.6 The CM/GC shall include with the Guaranteed Maximum Price proposal a written statement of its basis, which shall include the following:
.1 A list of the Standard General ConditionsDrawings and Specifications, “Changes including all Addenda thereto, and the Conditions of the Contract used in the Work.”preparation of the Guaranteed Maximum Price;
.2 A list of the clarifications and assumptions made by the CM/GC in the preparation of the Guaranteed Maximum Price proposal 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 CM/GC’s Fee;
Appears in 1 contract
Samples: Construction Manager / General Contractor Agreement
Guaranteed Maximum Price Proposal and Contract Time. 7.1.1 The Owner may at any time request, and the Construction Manager shall shallwill 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 shallwill 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 shallwill 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 shallwill be effective and shall shallwill 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 shallwill 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 shallwill 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 shallwill 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 Construction Manager), and general industry standards. Hence, the Construction Manager acknowledges that the Drawings and Specifications are not complete and agrees that the Guaranteed Maximum Price shall shallwill not increase as a result of this. However, 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 shallwill be incorporated by Change Order as described in Article 7 of the Standard General Conditions, “Changes in the Work.”
Appears in 1 contract
Samples: Construction Management Agreement
Guaranteed Maximum Price Proposal and Contract Time. 7.1.1 The Owner § 2.2.1 Upon the conclusion of the design development phase of the Project, or such later time as may at any time request, and the Construction Manager shall thereafter submit within 45 days after be allowed by 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 for the receipt of ninety percent (90%) of the dollar value of the bidsOwner’s review and acceptance. 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%) sum of the dollar value Construction Manager’s estimate of the bids.
7.1.1.3 During the review period Cost of the Work, including contingencies described in Section 2.2.4, and the Construction
§ 2.2.1.1 To the extent that the Drawings and Specifications are anticipated to require further development following the preparation of the Construction Manager’s Guaranteed Maximum Price proposal, the Construction Manager shall continue to work under has provided in 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 proposed 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 such further development of the Drawings and Specifications by the Design Professional (including addition of detail) that is consistent with the Contract Documents, including items Documents and 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 Construction Manager), and general industry standardstherefrom. Hence, the Construction Manager acknowledges that the Drawings and Specifications are not complete and agrees that the Guaranteed Maximum Price shall not increase as a result of this. However, Such further development does not include such things as material changes in scope, systems, kinds and quality of materials, finishes or equipmentequipment following the submission of such proposal to the Owner. The Construction Manager’s Guaranteed Maximum Price proposal will acknowledge that the Drawings and Specifications may be subject to further refinement and detailing (for example, all and not in limitation of whichthe foregoing, if required, between a Design Development set of documents issued by the Architect for the preparation of the Construction Manager’s Guaranteed Maximum Price proposal and a Construction Documents set of documents issued for the performance of the Work and construction of the Project) without any increase in the Guaranteed Maximum Price or any extension of the Substantial Completion deadline stated in such proposal.
§ 2.2.2 The Construction Manager’s Guaranteed Maximum Price proposal shall be incorporated by Change Order as described in Article 7 based upon the Construction Manager’s most current cost estimate. The Guaranteed Maximum Price Proposal shall separately set forth the portion of the Standard General Conditionsproposed Guaranteed Maximum Price that is allocated to contingency. The Construction Manager shall not include contingency amounts in other portions of the proposed Guaranteed Maximum Price, “Changes and the other portions of the proposed Guaranteed Maximum Price shall be based on the cost of actual bids, proposals, and
§ 2.2.3 In addition to the information set forth in Section 2.2.2, 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 Work.”preparation of the Guaranteed Maximum Price proposal 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, Alternates requested by the Architect or the Owner, contingency, and the Construction Manager’s Fee;
Appears in 1 contract
Samples: Standard Form of Agreement Between Owner and Construction Manager as Constructor