Common use of Guaranteed Maximum Price Proposal and Contract Time Clause in Contracts

Guaranteed Maximum Price Proposal and Contract Time. § 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 Owner, the CM/GC shall 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 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 last bid is received, and in consultation with the Design Professional, the CM/GC shall prepare a Guaranteed Maximum Price (GMP) proposal for the Owner’s review and acceptance. The Guaranteed Maximum Price in the proposal shall be the sum of the CM/GC’s estimate of the Cost of the Work, including contingencies described in Section 6.2.4, and the CM/GC’s Fee. § 2.2.5 To the extent that the Drawings and Specifications are anticipated to require further development by the Design Professional, the CM/GC 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. § 2.2.6 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 Drawings and Specifications, including all Addenda thereto, and the Conditions of the Contract used in the preparation of the Guaranteed Maximum Price;

Guaranteed Maximum Price Proposal and Contract Time. § 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/GC7.1.1 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 CM/GC shall 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 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 full scope of the Work. Whenever ; provided however, that if the CM/GC competes with other biddersOwner has not then requested a Guaranteed Maximum Price, the Owner’s representative Construction Manager shall receive, open, prepare 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 deliver a time to be mutually agreed upon by the Owner and the CM/GC, but in no case, Guaranteed Maximum Price proposal not later than thirty sixty (3060) days after the last bid is received, and in consultation with receipt of ninety percent (90%) of the Design Professional, dollar value of the CM/GC shall prepare a Guaranteed Maximum Price (GMP) proposal for the Owner’s review and acceptancebids. 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 sum 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 CM/GC’s estimate dollar value of the Cost bids. 7.1.1.3 During the review period of the WorkGuaranteed Maximum Price proposal, including contingencies described in Section 6.2.4the Construction Manager shall continue to work under the Fixed Limit of Construction Cost and work with the Owner to refine the proposal, and if required by the CM/GC’s FeeOwner, until it is either accepted or rejected. § 2.2.5 To 7.1.1.4 The date on which the extent that 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 are anticipated to require further development by may not be finished at the Design Professionaltime the Guaranteed Maximum Price proposal is prepared, the CM/GC 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 and Documents, including items reasonably inferable therefromtherefrom 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. Such 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, kinds and quality of materials, finishes or equipment, all of which, if required, shall be incorporated by Change 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 Order as described in Article 7 of the Drawings and SpecificationsStandard General Conditions, including all Addenda thereto, and the Conditions of the Contract used “Changes in the preparation of the Guaranteed Maximum Price;Work.”

Guaranteed Maximum Price Proposal and Contract Time. § 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/GC7.1.1 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 CM/GC shall 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 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 full scope of the Work. Whenever ; provided however, that if the CM/GC competes with other biddersOwner has not then requested a Guaranteed Maximum Price, the Owner’s representative Construction Manager shall receive, open, prepare 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 deliver a time to be mutually agreed upon by the Owner and the CM/GC, but in no case, Guaranteed Maximum Price proposal not later than thirty sixty (3060) days after the last bid is received, and in consultation with receipt of ninety percent (90%) of the Design Professional, dollar value of the CM/GC shall prepare a Guaranteed Maximum Price (GMP) proposal for the Owner’s review and acceptancebids. 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 sum 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 CM/GC’s estimate dollar value of the Cost bids. 7.1.1.3 During the review period of the WorkGuaranteed Maximum Price proposal, including contingencies described in Section 6.2.4the Construction Manager shall continue to work under the Fixed Limit of Construction Cost and work with the Owner to refine the proposal, and if required by the CM/GC’s FeeOwner, until it is either accepted or rejected. § 2.2.5 To 7.1.1.4 The date on which the extent that 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 are anticipated to require further development by may not be finished at the Design Professionaltime the Guaranteed Maximum Price proposal is prepared, the CM/GC 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 and Documents, including items reasonably inferable therefromtherefrom 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. Such 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, kinds and quality of materials, finishes or equipment, all of which, if required, shall be incorporated by Change OrderOrder as described in Article 7 of the Standard General Conditions, “Changes in the Work.” § 2.2.6 7.1.3 The CM/GC shall include with the Guaranteed Maximum Price proposal shall include a written statement 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 its basisWork 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 include be available for the following: .1 A list Owner’s use in its sole discretion. The use of the Drawings Construction Manager’s Contingency shall require prior written concurrence by the Owner for any item. In addition, a monthly report summarizing and Specifications, including detailing all Addenda thereto, and the Conditions of the Contract used in Construction Manager’s Contingency utilization shall be issued to the preparation of the Guaranteed Maximum Price;Owner.

Guaranteed Maximum Price Proposal and Contract Time. § 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/GC7.1.1 The Owner may at any time request, and the Construction Manager shallwill thereafter submit within 45 days after the Owner’s request, a proposed “Guaranteed Maximum Price” for the CM/GC shall 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 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 full scope of the Work. Whenever ; provided however, that if the CM/GC competes with other biddersOwner has not then requested a Guaranteed Maximum Price, the Owner’s representative shall receive, open, Construction Manager shallwill prepare 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 deliver a time to be mutually agreed upon by the Owner and the CM/GC, but in no case, Guaranteed Maximum Price proposal not later than thirty sixty (3060) days after the last bid is received, and in consultation with receipt of ninety percent (90%) of the Design Professional, dollar value of the CM/GC shall prepare a Guaranteed Maximum Price (GMP) proposal for the Owner’s review and acceptancebids. The Guaranteed Maximum Price proposal 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 shall for such acceptance, the Guaranteed Maximum Price proposal shallwill be effective and shallwill become a part of this Agreement. 7.1.1.2 If the sum 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 CM/GC’s estimate dollar value of the Cost bids. 7.1.1.3 During the review period of the WorkGuaranteed Maximum Price proposal, the Construction Manager 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 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 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 contingencies described in Section 6.2.4items 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 CM/GC’s Fee. § 2.2.5 To the extent Construction Manager acknowledges that the Drawings and Specifications are anticipated to require further development by the Design Professional, the CM/GC shall provide in not complete and agrees that the Guaranteed Maximum Price for such further development consistent with the Contract Documents and reasonably inferable therefromshallwill not increase as a result of this. Such However, 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 shallwill be incorporated by Change 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 Order as described in Article 7 of the Drawings and SpecificationsStandard General Conditions, including all Addenda thereto, and the Conditions of the Contract used “Changes in the preparation of the Guaranteed Maximum Price;Work.”

Guaranteed Maximum Price Proposal and Contract Time. § 2.2.1 When the Drawings and Specifications are sufficiently complete for the design package identified in Exhibit C, attached, attached and incorporated herein by reference, as determined by the Design Profession, CM/GC, and the Owner, the CM/GC shall 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 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 bid, and is required to submit 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, 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 sixty (4560) 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 last bid is received, and in consultation with the Design Professional, the CM/GC shall prepare a Guaranteed Maximum Price (GMP) proposal for the Owner’s review and acceptance. The Guaranteed Maximum Price in the proposal shall be the sum of the CM/GC’s estimate of the Cost of the Work, including contingencies described in Section 6.2.42.2.7, and the CM/GC’s Fee. § 2.2.5 To the extent that the Drawings and Specifications are anticipated to require further development by the Design Professional, the CM/GC 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, kinds and quality of materials, finishes or equipment, all of which, if required, shall be incorporated by Change 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 Drawings and Specifications, including all Addenda thereto, and the Conditions of the Contract used in the 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;

Guaranteed Maximum Price Proposal and Contract Time. § 2.2.1 When After 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 Owner, the CM/GC shall issue invitations to bid within fourteen not more than Sixty (1460) days of written authorization (or such time frame as otherwise agreed to by the Owner to the and CMR) after CMR has received bids from Subcontractors and suppliers. All construction work, materials and equipment shall be competitively bid and opened publicly in the presence suppliers representing at least Ninety Percent (90%) of the Owner and Subcontractor bids for the Project Elements, the CMR shall be awarded to the lowest responsive and qualified bidders propose a GMP. As used 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 the phrase “sufficiently complete" shall mean Drawings and Specifications that are adequate to describe the Work in graphic and written form and that have been approved by the Owner. The sufficiently complete Drawings and Specifications shall be suitable for submission for all Permits and Approvals. The CMR shall advise the Owner in writing prior as to issuing invitations to bid and is required to submit a bid in accordance with this provision and Section 2.2.3the completeness of these documents. Notice of the CM/GC’s intention to bid shall be clearly indicated in the solicitation for that portion of The Drawings will graphically depict the Work; i.e., plans, elevations, sections, details, schedules and diagrams. Whenever The Specifications will contain the CM/GC competes with other bidderswritten requirements for materials, the Owner’s representative shall receiveequipment, opensystems, standards, and read bid publicly. § 2.2.3 The CM/GC shall require in workmanship for 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 Work, and the CM/GC, but in no case, later than thirty (30) days after the last bid is received, and in consultation with the Design Professional, the CM/GC performance of related services. GMP shall prepare a Guaranteed Maximum Price (GMP) proposal for the Owner’s review and acceptance. The Guaranteed Maximum Price in the proposal shall be mean the sum of the CM/GC’s estimate of the Cost of the Work as developed by the CMR and the CMR Fee for the construction and post-construction phase work, including all sales, use and consumer and other taxes required by law; all other fees, general conditions, bonds, required permits and insurance; tools, construction machinery, and temporary facilities required at the construction site; and all other facilities and services necessary for the proper execution and completion of the Work, including contingencies described in Section 6.2.4whether temporary or permanent, and whether or not incorporated in the CM/GCWork. The GMP and the Substantial Completion and Acceptance dates, as shown in the GMP Amendment and the Assumptions and Clarifications, shall not exceed the Owner’s Feemaximum Cost of the Work Budget and schedule for the Project. § 2.2.5 To the extent that 2.2.2 As the Drawings and Specifications are anticipated to require further development by may not be finished at the Design Professionaltime the GMP proposal is prepared, the CM/GC CMR shall provide in the Guaranteed Maximum Price GMP for such 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 . 2.2.2.1 The GMP is not intended to include such things as material changes in scope, systems, kinds, and quality qualities, quantities of materialsmaterial, finishes or equipmentequipment from that which is shown or reasonably inferred from the information in the Contract Documents upon which the GMP is based, all of whichsubject to the Assumptions and Clarifications. Such changes, if required, shall be incorporated are excluded because they would warrant an adjustment to the GMP by Change Order. § 2.2.6 2.2.3 The CM/GC Cost of the Work for a combination of both new construction work and renovation work shall include with the Guaranteed Maximum Price proposal a written statement of its basisCMR's Contingency, which shall include be a sum equal to Four Percent (4.0%) of the Cost of the Work developed and established by the CMR and approved by the Owner for the CMR's exclusive use to cover costs arising under Section 2.2.2 and other costs which are properly reimbursable as a Cost of the Work but not the basis for a Change Order. Use of CMR’s Contingency to cover costs described in this Section shall include, but not be limited to, costs associated with matters related to: 2.2.3.1 estimating errors; 2.2.3.2 trade buy-out differentials; 2.2.3.3 unanticipated market conditions, including price escalation after the GMP is accepted through the GMP Amendment to this Agreement; 2.2.3.4 labor and material market conditions; 2.2.3.5 interface and coordinating omissions between various Subcontractor packages; 2.2.3.6 overtime and/or shiftwork; 2.2.3.7 acceleration and/or expediting and/or schedule recovery for CMR; 2.2.3.8 correcting defective, damaged, and/or nonconforming work, provided CMR makes an effort to first recover such costs from the responsible Subcontractor, Subcontractor’s surety, and/or vendor; 2.2.3.9 design errors or omissions that are the responsibility of the CMR; 2.2.3.10 bidder, Subcontractor, and vendor defaults; 2.2.3.11 professional expenses incurred to obtain guidance, consultation, and recommendation, provided that such expenses are limited to issues that: .1 relate primarily and directly to the performance of the Work or the Cost of the Work; .2 do not arise primarily and directly from the bidding process; .3 do not concern or involve any matter between and among the CMR, Owner and/or Architect; .4 do not concern, or were not incurred as part of, litigation matters; and, .5 have received Owner’s prior written approval which shall not be unreasonably withheld; and 2.2.3.12 losses not covered by insurance, including insurance deductibles not resulting from the neglect or negligence of the CMR or its Subcontractors. 2.2.4 No cost shall be incurred and no expenditures from the CMR’s Contingency shall be paid without prior notice to the Owner and written approval of the Owner, whose approval will not be unreasonably withheld, for any expenditure charged to the CMR’s Contingency. The CMR shall account to the Owner for the allocation of the CMR’s Contingency on a monthly basis in a manner acceptable to the Owner. 2.2.4.1 The CMR’s Contingency is not available and shall not be used for any of the following: .1 A list of the Drawings and Specifications, including all Addenda thereto, and the Conditions of the Contract used in the preparation of the Guaranteed Maximum Price;