Owner and Construction. Manager acknowledge that any sums due and payable hereunder by the Construction Manager shall be payable, not as a penalty, but as liquidated damages representing a reasonable estimate of delay damages, inconvenience, additional overhead and costs likely to be sustained by the Owner as estimated at the time of executing this Contract. If the Owner reasonably believes in its discretion that Substantial Completion will be delayed, the Owner shall be entitled, but not required, to withhold from any amounts otherwise due the Construction Manager an amount then believed by the Owner to be adequate to recover liquidated damages applicable to such delays. If and when in the Owner’s discretion the Construction Manager overcomes the delay in achieving Substantial Completion, or any part thereof, for which the Owner has withheld payment, the Owner shall promptly release to the Construction Manager those funds withheld, but no longer applicable, as liquidated damages.
Owner and Construction. Manager acknowledge and agree that:
a. Maine State Housing Authority ("MaineHousing") proposes to provide funds from the U.S. Department of Housing and Urban Development ("HUD") to the Owner for the Project.
b. As a condition of providing HUD funds to the Owner for the Project, MaineHousing must complete a satisfactory environmental review of the Project under HUD’s environmental review rules at 24 C.F.R. Part 58. The Project’s environmental review may require compliance with certain conditions that may be applicable to the Project, including but not limited to construction conditions dealing with the protection of historic and archaeological resources, remediation of environmental contamination on the Project site, addressing impacts to any wetlands or a 100-year floodplain, and protecting the Project’s occupants from explosive and flammable hazards.
c. In addition to completing a satisfactory environmental review, MaineHousing must apply to HUD for the release of the HUD funds for the Project and obtain HUD approval of the release of the HUD funds ("Environmental Clearance").
d. Until Environmental Clearance of the Project, HUD’s rules prohibit the Owner and the Construction Manager from taking certain actions, referred to as "choice-limiting actions", in connection with the Project, including but not limited to construction-related activities.
e. HUD’s environmental review rules prohibit MaineHousing from providing any HUD funds for the Project if the Owner, the Construction Manager, or any other participant in the development process for the Project takes a choice-limiting action prior to Environmental Clearance.
f. Owner and Construction Manager are simultaneously entering into AIA Document A133™ - 2009 Standard Form of Agreement between Owner and Construction Manager as Constructor (referred to in this Addendum as the "CM Contract").
g. To ensure that no choice-limiting actions are taken in connection with the CM Contract, Owner and Construction Manager are entering into this Addendum to the CM Contract, which is effective as of the date of the CM Contract.
Owner and Construction. Manager acknowledge and confirm that as of the date hereof, certain of such estimates are "allowances" only. An "allowance" is an estimate that is included in the preliminary Guaranteed Maximum Price described in the first sentence of Section 6.4, but that covers a portion of the Work with respect to which the design documents, as of the date hereof, do not show the material components in enough detail for such estimate to be a binding component of the Guaranteed Maximum Price. Pursuant to Section 6.4 and subsection 6.7.5, allowances shall, over time, be replaced with estimates or prices that are binding components of the Guaranteed Maximum Price, subject to adjustment only in accordance with the further provisions of this Article 6.
Owner and Construction. Manager acknowledge and confirm that as of the date hereof, the Guaranteed Maximum Price is $547,431,225, but that such preliminary Guaranteed Maximum Price includes a contingency sum equal to five percent (5%), not three percent (3%), of the amounts set forth in paragraphs (A) and (B) of Section
Owner and Construction. Manager agree that if the scope of the Project or Construction Manager’s Services are changed materially, the amounts of compensation shall be equitably adjusted. Develop Master Project Schedule S S P Prepare Detailed Construction Schedule P Develop Master Project Budget S S P Prepare Detailed Cost Estimate S P Develop Cost Management Procedures P Conduct Cost Adjustment Sessions S S P Review "Boiler Plate" Specifications P S S Make Recommendations for Alternate Bids P (Design) P (Budget) Quality Evaluation of Design Documents P S Interdisciplinary Plan Coordination P S Constructability Review S P Value Engineering Review S P Develop Project Communications Plan S P Assignment of Contractor Responsibilities (Facilities, Safety, etc.) P Determine Appropriate Project Phasing S P Determine Extent of Separate Prime Contracts P Develop Contractor Bid Scope Packages P Prepare Cash Flow Projections P Process OPSC Documents P P Process DSA Documents P Process CDE Documents P S Select and Retain Professional Construction Consultants (Testing) P S S Prepare Agreements for Prof. Services (Testing) P Establish Temporary Facilities/Jobsite Logistics Plan S P Prepare Team Organizational Chart P S Develop Bidding Procedures S P Develop Bidders Interest P Determine Appropriate Licensing Requirements P S Prepare/Place Bid Advertisements & Legal Notices P S S Establish and Maintain Bid Document Control P Write Bid Packages S P Prepare Bid Forms S S P Distribute Bid Documents P S Conduct Pre-Bid Meetings S P Receive Bidders Questions P Answer Questions & Prepare Addenda P S Review Addenda S P Distribute Addenda P Conduct Bid Opening P S S Prepare Bid Summaries P S Perform Bid Evaluations (Legal) P S Perform Bid Evaluations (Costs) S P Verify if all Project Components are Covered P Recommend Award of Contracts P S P Draft and Issue Contracts P S Issue Contract Documents to Contractors P Coordinate Receipt of Contracts, Bonds and Insurance P Obtain Contract Signatures P Issue Notices to Proceed P Prepare Cost to Estimate Comparison P Coordinate Rebidding Activities (if required) S P Coordinate Re-bidding Activities (if required) S P Propose Bid Changes S S P Revise Contract Documents for Re-Bidding P P Conduct Pre-Construction Meeting S S P Coordinate Installation of Temporary Facilities S P Coordinate/Supervise Prime Contractor's Activities P Obtaining OPSC Approvals P S Obtaining DSA Approvals S P Obtaining CDE Approvals P P Obtain Off-Site Permits/Approval (Consultants) P P ...
Owner and Construction. Manager previously agreed to Limited Scope GMP Amendment #1 Limited Scope Contract Sum guaranteed by the Construction Manager not to exceed «Five Hundred Seventy Six Thousand Eight Hundred Fourteen Dollars» ($ «576,814» ), subject to additions and deductions by Change Ord er as provided in the Contract Documents. This Amendment #2 represents the Final Guaranteed Maximum Price for the work as defined herein to a total of «Thirty Seven Million Eight Hundred Seventy Thousand Seven Hundred Fifty Eight Dollars» ($ «37,870,758» ), subject to additions and deductions by Change Order as provided in the Contract Documents, with said total being inclusive of Amendment #1 Limited Scope.
