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

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 1892.2.4,1902.2.2, the General Requirements (defined below) and the Construction Manager’s Fee. 2.2.1.1 The "General Requirements" are those costs charged that are not direct construction costs but relate to the management and administration of the Work, such as the rates for the Construction Manager’s personnel or the cost of fencing. The Construction Manager shall describe each of elements comprising the General Requirements in detail. Any supervisory or personnel positions not identified in the General Requirements shall be deemed included in the Construction Manager’s Fees. Upon acceptance of the Guaranteed Maximum Price, the General Requirements shall not exceed the total amount allocated to this line item unless the Construction Manager can demonstrate that the Work described in a Change Order directly increases these costs, provided, however, the Contract Time and the Contract Sum, including General Requirements, shall be equitably adjusted in the case of a significant change in the Scope of the Work. The Construction Manager’s Contingency cannot be allocated to pay additional General Requirements. § 2.2.2 192To the extent that193The "Construction Manager’s Contingency" shall initially be an amount equal to Five Percent (5%) of the Cost of the Work and shall cover the cost resulting from (a) further development of the Drawings and Specifications 194are anticipated to require further development by the Architect195, the196 Construction Manager shall provide 197in the Guaranteed Maximum Price for such further development consistent with the Contract Documents and reasonably inferable therefrom198. Such further development199 and consistent with industry standards, (b) unfavorable bidding from Subcontractors, vendors or suppliers, (c) Subcontractor defaults or incorrect performance, (d) costs of corrective Work not provided elsewhere herein, (e) labor disputes, or (f) any other reimbursable Costs of the Work for which a Change Order is not explicitly permitted hereunder, provided however, the Construction Manager’s Contingency 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.200 The201 Construction Manager shall provide 202advance written notice to the Owner of any use of the Construction Manager’s Contingency and the reason therefore. The Construction Manager’s Contingency shall be for the exclusive use of the Construction Manager for the above purposes but all unused amounts shall be returned to the Owner. § 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 in203 the Drawings and Specifications, provided that none of the assumptions or the clarifications may contradict the requirements of 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 Fee204 and General Requirements;

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 When all elements of the Construction Documents are at least 90 per cent complete, as mutually agreed upon by the Owner, the Construction Manager, and 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 of: the Construction Manager’s estimate of the Cost of the Work, including contingencies described in Section 1892.2.4,1902.2.22.2.4, the General Requirements (defined below) and the Construction Manager’s Fee. 2.2.1.1 The "General Requirements" are those costs charged that are not direct construction costs but relate to . 2.2.4; the management general conditions; and administration of the Work, such as the rates for the Construction Manager’s personnel Fee. If any Guaranteed Maximum Price proposal submitted to the Owner exceeds previously-approved estimates or the Owner's budget, then the Construction Manager shall make appropriate recommendations to the Owner and Architect for cost reductions, including but not limited to, substitution of fencingmaterials 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 Project without Owner’s Board of Trustees’ consent or consent of Owner’s designee. In the event that the quality or scope identified in the proposal are unacceptable or exceed the Owner’s identified budget, the Construction Manager shall work with the Architect to develop options that are acceptable to Owner, are within the Owner’s budget, and meet the Owner’s requirements for dates of Substantial Completion and Final Completion. The Construction Manager shall describe each of elements comprising the General Requirements in detail. Any supervisory or personnel positions not identified in the General Requirements shall be deemed included in the Construction Manager’s Fees. Upon acceptance of the may propose separate Guaranteed Maximum PricePrices for separate Works within the Project, the General Requirements shall not exceed the total amount allocated to this line item unless the Construction Manager can demonstrate that the Work described in a Change Order directly increases these costs, provided, however, the Contract Time as schedules and the Contract Sum, including General Requirements, shall be equitably adjusted in the case of a significant change in the Scope of the Workefficiencies dictate. The Construction Manager’s Contingency cannot be allocated Manager will work with the Architect to pay additional General Requirementsachieve a Guaranteed Maximum Price that is fully acceptable to Owner and is within the Owner's budget for the Work and for the Project. § 2.2.2 192To To the extent that193The "Construction Manager’s Contingency" shall initially be an amount equal to Five Percent (5%) of the Cost of the Work and shall cover the cost resulting from (a) further development of that the Drawings and Specifications 194are are anticipated to require further development by the Architect195Architect, the196 the Construction Manager shall provide 197in the Guaranteed Maximum Price for such further development consistent with the Contract Documents and reasonably inferable therefrom198. therefrom.Such further development199 and consistent with industry standards, (b) unfavorable bidding from Subcontractors, vendors or suppliers, (c) Subcontractor defaults or incorrect performance, (d) costs of corrective Work not provided elsewhere herein, (e) labor disputes, or (f) any other reimbursable Costs of the Work for which a Change Order is not explicitly permitted hereunder, provided however, the Construction Manager’s Contingency 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.200 The201 Construction Manager shall provide 202advance written notice to the Owner of any use of the Construction Manager’s Contingency and the reason therefore. The Construction Manager’s Contingency shall be for the exclusive use of the Construction Manager for the above purposes but all unused amounts shall be returned to the OwnerOrder. § 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 in203 the Drawings and Specifications, provided that none of the assumptions or the clarifications may contradict the requirements of 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, general conditions, and the Construction Manager’s Fee204 and General RequirementsFee;

Guaranteed Maximum Price Proposal and Contract Time. § 2.2.1 At a Upon the conclusion of the design development phase of the Project, or such later time to as may be mutually agreed upon allowed by the Owner and the Construction Manager and in consultation with the ArchitectOwner, 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 1892.2.4,1902.2.22.2.4, the General Requirements (defined below) and the Construction Manager’s Fee. 2.2.1.1 The "General Requirements" are those costs charged that are not direct construction costs but relate to the management and administration of the Work, such as the rates for the Construction Manager’s personnel or the cost of fencing. The Construction Manager shall describe each of elements comprising the General Requirements in detail. Any supervisory or personnel positions not identified in the General Requirements shall be deemed included in the Construction Manager’s Fees. Upon acceptance of the Guaranteed Maximum Price, the General Requirements shall not exceed the total amount allocated to this line item unless the Construction Manager can demonstrate that the Work described in a Change Order directly increases these costs, provided, however, the Contract Time and the Contract Sum, including General Requirements, shall be equitably adjusted in the case of a significant change in the Scope of the Work. The Construction Manager’s Contingency cannot be allocated to pay additional General Requirements.Construction § 2.2.2 192To 2.2.1.1 To the extent that193The "Construction Manager’s Contingency" shall initially be an amount equal to Five Percent (5%) of the Cost of the Work and shall cover the cost resulting from (a) further development of that the Drawings and Specifications 194are are anticipated to require further development by following the Architect195preparation of the Construction Manager’s Guaranteed Maximum Price proposal, the196 the Construction Manager shall provide 197has provided in the proposed Guaranteed Maximum Price for such further development consistent with the Contract Documents and reasonably inferable therefrom198therefrom. Such further development199 and consistent with industry standards, (b) unfavorable bidding from Subcontractors, vendors or suppliers, (c) Subcontractor defaults or incorrect performance, (d) costs of corrective Work not provided elsewhere herein, (e) labor disputes, or (f) any other reimbursable Costs of the Work for which a Change Order is not explicitly permitted hereunder, provided however, the Construction Manager’s Contingency development does not include such things as changes in scope, systems, kinds and quality of materials, finishes or equipment, all equipment following the submission of which, if required, shall be incorporated by Change Order.200 The201 Construction Manager shall provide 202advance written notice such proposal to the Owner 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, and not in limitation of any use the foregoing, between a Design Development set of documents issued by the Architect for the preparation of the Construction Manager’s Contingency Guaranteed Maximum Price proposal and a Construction Documents set of documents issued for the reason therefore. 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 Contingency Guaranteed Maximum Price proposal shall be for based upon the exclusive use Construction Manager’s most current cost estimate. The Guaranteed Maximum Price Proposal shall separately set forth the portion of the proposed Guaranteed Maximum Price that is allocated to contingency. The Construction Manager for shall not include contingency amounts in other portions of the above purposes but all unused amounts proposed Guaranteed Maximum Price, and the other portions of the proposed Guaranteed Maximum Price shall be returned to based on the Owner.cost of actual bids, proposals, and § 2.2.3 The 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 preparation of the Guaranteed Maximum Price proposal, including assumptions under Section 2.2.2, proposal to supplement the information provided by the Owner and contained in203 the Drawings and Specifications, provided that none of the assumptions or the clarifications may contradict the requirements of 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 Fee204 and General RequirementsFee;

Guaranteed Maximum Price Proposal and Contract Time. § 2.2.1 At a time to be When all elements of the Construction Documents are at least 90 percent complete as mutually agreed upon by the Owner and Owner, the Construction Manager Manager, and in consultation with the Architect, the Construction Manager shall prepare a Guaranteed Guaranteed' Maximum Price proposal for the Owner’s 's review and acceptance. The Guaranteed Maximum Price in the proposal shall be the sum of the Construction Manager’s 's estimate of the Cost of the Work, including contingencies described in Section 1892.2.4,1902.2.22.2.4; the general conditions, the General Requirements (defined below) and the Construction Manager's Fee. If any Guarantee Maximum Price proposal submitted to the Owner exceeds previously-approved estimates or the Owner's budget, then 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, to bring the Project within the Owner’s Fee. 2.2.1.1 The "General Requirements" budget, but shall not delete necessary components of the project without Owner’s Board of Trustees' consent. In the event that the quality or scope identified in the proposal are those costs charged unacceptable or exceed the Owner’s identified budget, the Construction Manager shall work with the Architect to develop options that are not direct construction costs but relate acceptable to Owner, are within the management Owner’s budget, and administration meet the Owner’s requirements for dates of the Work, such as the rates for the Construction Manager’s personnel or the cost of fencingSubstantial Completion and Final Completion. The Construction Manager shall describe each of elements comprising the General Requirements in detail. Any supervisory or personnel positions not identified in the General Requirements shall be deemed included in the Construction Manager’s Fees. Upon acceptance of the may propose separate Guaranteed Maximum PricePrices for separate Works within the Project, the General Requirements shall not exceed the total amount allocated to this line item unless the Construction Manager can demonstrate that the Work described in a Change Order directly increases these costs, provided, however, the Contract Time as schedules and the Contract Sum, including General Requirements, shall be equitably adjusted in the case of a significant change in the Scope of the Workefficiencies dictate. The Construction Manager’s Contingency cannot be allocated to pay additional General Requirements.The § 2.2.2 192To To the extent that193The "Construction Manager’s Contingency" shall initially be an amount equal to Five Percent (5%) of the Cost of the Work and shall cover the cost resulting from (a) further development of that the Drawings and Specifications 194are are anticipated to require further development by the Architect195Architect, the196 the Construction Manager shall provide 197in the Guaranteed Maximum Price for such further development consistent with the Contract Documents and reasonably inferable therefrom198. Such further development199 and consistent with industry standards, (b) unfavorable bidding from Subcontractors, vendors or suppliers, (c) Subcontractor defaults or incorrect performance, (d) costs of corrective Work not provided elsewhere herein, (e) labor disputes, or (f) any other reimbursable Costs of the Work for which a Change Order is not explicitly permitted hereunder, provided however, the Construction Manager’s Contingency 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.200 The201 Construction Manager shall provide 202advance written notice to the Owner of any use of the Construction Manager’s Contingency and the reason therefore. The Construction Manager’s Contingency shall be for the exclusive use of the Construction Manager for the above purposes but all unused amounts shall be returned to the Ownertherefrom. § 2.2.3 The Construction Manager shall include with the Guaranteed Maximum Price proposal a written statement of propo 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 Manag the Guaranteed Maximum Price proposal, including assumptions under Section 2.2.2, to supplement Secti the information provided by the Owner and contained in203 in the Drawings and Specifications, provided that none of the assumptions or the clarifications may contradict the requirements of the Drawings and Specifications;S .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, general conditions, and the Construction Manager’s Fee204 and General RequirementsFee;

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 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 Construction Manager’s estimate of the Cost of the Work, including contingencies described in Section 1892.2.4,1902.2.22.2.4, the General Requirements (defined below) Construction Manager’s Fee, and the Construction Manager’s Fee. 2.2.1.1 The "fixed General Requirements" Conditions. If any Guaranteed Maximum Price proposal submitted to the Owner exceeds previously approved estimates or the Owner’s budget, then 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, 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 those costs charged unacceptable or exceed the Owner’s identified budget, the Construction Manager shall work with the Architect to develop options that are not direct construction costs but relate acceptable to Owner, are within the management Owner’s budget, and administration meet the Owner’s requirements for dates of the Work, such as the rates for the Construction Manager’s personnel or the cost of fencingSubstantial Completion and Final Completion. The Construction Manager shall describe each of elements comprising may propose separate Guaranteed Maximum Prices for separate Works within the General Requirements in detailProject, as schedules and efficiencies dictate. Any supervisory or personnel positions not identified in The Construction Manager will work with the General Requirements shall be deemed included in Architect to achieve a Guaranteed Maximum Price that is fully acceptable to Owner and is within the Construction ManagerOwner’s Fees. Upon acceptance of budget for the Work and for the Project. § 2.2.1.1 Owner and Contractor agree that the Guaranteed Maximum Price, Price may include an estimating contingency mutually agreed to in writing in advance base on the General Requirements shall not exceed level of completion of the total amount allocated documents. This estimating contingency is for the Contractor’s use during the Preconstruction phase to this line item unless protect the Construction Manager can demonstrate that the Work described in a Change Order directly increases these costs, provided, however, the Contract Time Guaranteed Maximum Price from estimating errors and the Contract Sum, including General Requirements, shall be equitably adjusted in market conditions at the case time of a significant change in the Scope of the Work. The Construction Manager’s Contingency cannot be allocated to pay additional General Requirementssubcontractor bidding. § 2.2.2 192To To the extent that193The "Construction Manager’s Contingency" shall initially be an amount equal to Five Percent (5%) of the Cost of the Work and shall cover the cost resulting from (a) further development of that the Drawings and Specifications 194are are anticipated to require further development by the Architect195Architect, the196 the Construction Manager shall provide 197in the Guaranteed Maximum Price for such further development consistent with the Contract Documents and reasonably inferable therefrom198. Such further development199 and consistent with industry standards, (b) unfavorable bidding from Subcontractors, vendors or suppliers, (c) Subcontractor defaults or incorrect performance, (d) costs of corrective Work not provided elsewhere herein, (e) labor disputes, or (f) any other reimbursable Costs of the Work for which a Change Order is not explicitly permitted hereunder, provided however, the Construction Manager’s Contingency 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.200 The201 Construction Manager shall provide 202advance written notice to the Owner of any use of the Construction Manager’s Contingency and the reason therefore. The Construction Manager’s Contingency shall be for the exclusive use of the Construction Manager for the above purposes but all unused amounts shall be returned to the Ownertherefrom. § 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 in203 the Drawings and Specifications, provided that none of the assumptions or the clarifications may contradict the requirements of 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, general conditions and the Construction Manager’s Fee204 and General RequirementsFee;

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 Preliminary Guaranteed Maximum Price proposal for the Owner’s review and acceptance. The Preliminary 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 1892.2.4,1902.2.22.2.4, the General Requirements (defined below) and the Construction Manager’s Fee. 2.2.1.1 The "General Requirements" are those costs charged that are not direct construction costs but relate to the management and administration of the Work, such as the rates for the Construction Manager’s personnel or the cost of fencing. The Construction Manager shall describe each of elements comprising the General Requirements in detail. Any supervisory or personnel positions not identified in the General Requirements shall be deemed included in the Construction Manager’s Fees. Upon acceptance of the Guaranteed Maximum Price, the General Requirements shall not exceed the total amount allocated to this line item unless the Construction Manager can demonstrate that the Work described in a Change Order directly increases these costs, provided, however, the Contract Time and the Contract Sum, including General Requirements, shall be equitably adjusted in the case of a significant change in the Scope of the Work. The Construction Manager’s Contingency cannot be allocated to pay additional General Requirements. § 2.2.2 192To To the extent that193The "Construction Manager’s Contingency" shall initially be an amount equal to Five Percent (5%) of the Cost of the Work and shall cover the cost resulting from (a) further development of that the Drawings and Specifications 194are are anticipated to require further development by the Architect195Architect, the196 the Construction Manager shall provide 197in the Preliminary Guaranteed Maximum Price for such further development consistent with the Contract Documents and reasonably inferable therefrom198therefrom. Such further development199 and consistent with industry standards, (b) unfavorable bidding from Subcontractors, vendors or suppliers, (c) Subcontractor defaults or incorrect performance, (d) costs of corrective Work not provided elsewhere herein, (e) labor disputes, or (f) any other reimbursable Costs of the Work for which a Change Order is not explicitly permitted hereunder, provided however, the Construction Manager’s Contingency 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.200 The201 Construction Manager shall provide 202advance written notice to the Owner of any use of the Construction Manager’s Contingency and the reason therefore. The Construction Manager’s Contingency shall be for the exclusive use of the Construction Manager for the above purposes but all unused amounts shall be returned to the OwnerOrder. § 2.2.3 The Construction Manager shall include with the Preliminary 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; Attached hereto as Exhibit A; .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 in203 in the Drawings and Specifications, provided that none of the assumptions or the clarifications may contradict the requirements of the Drawings and Specifications; ; Attached hereto as Exhibit B .3 A statement of the proposed Preliminary 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 Fee204 and General RequirementsFee; Attached hereto as Exhibit C;

Guaranteed Maximum Price Proposal and Contract Time. § 2.2.1 At a time to be mutually agreed upon by The parties hereto agree that, when the Owner determines that the Drawings and Specifications for the Construction Manager construction of the entire Work of the Project, including all agreed-upon pre construction packages (if any), are 80% complete, and in consultation with the Architectprior to solicitation of subcontractor bids or proposals (if elected by Owner), the Construction Manager shall prepare propose a Guaranteed Maximum Price proposal for the Owner’s review and acceptance. The Guaranteed Maximum Price in the proposal shall be the maximum sum of the Construction Manager’s estimate of the Cost of the Work, including contingencies described the items set forth in Section 1892.2.4,1902.2.22.2.3.6 that, upon acceptance by the Owner, the General Requirements (defined below) Construction Manager will guarantee not to exceed, subject only to those additions and deductions by changes in the Work as provided in the Contract Documents. Given the Construction Manager’s Fee. 2.2.1.1 The "General Requirements" are those costs charged that are not direct construction costs but relate to the management role of participation in all phases of design, estimating, scheduling and administration development of the Workfinal Construction Documents, such as the rates for the Construction Manager’s personnel or the cost of fencing. The Construction Manager shall describe each of elements comprising the General Requirements in detail. Any supervisory or personnel positions not identified in the General Requirements no Change Orders shall be deemed included allowed for unforeseen or changed conditions, except for subsurface conditions not discovered or reported by the Owner’s geotechnical engineer, changes in the Construction Manager’s Fees. Upon acceptance of the Guaranteed Maximum Priceconditions required by any permitting or regulatory agencies, the General Requirements shall scope changes requested by Owner, or concealed conditions not exceed the total amount allocated to this line item unless foreseeable or discoverable by the Construction Manager can demonstrate that using reasonable means prior to the Work described in a Change Order directly increases these costs, provided, however, the Contract Time and the Contract Sum, including General Requirements, shall be equitably adjusted in the case of a significant change in the Scope of the Work. The Construction Manager’s Contingency cannot be allocated to pay additional General RequirementsPhase. § 2.2.2 192To To the extent that193The "Construction Manager’s Contingency" shall initially be an amount equal to Five Percent (5%) of the Cost of the Work and shall cover the cost resulting from (a) further development of that the Drawings and Specifications 194are are anticipated to require further development by the Architect195Architect, the196 the Construction Manager shall provide 197in the Guaranteed Maximum Price for such further development consistent with the Contract Documents and reasonably inferable therefrom198therefrom. Such further development199 and consistent with industry standards, (b) unfavorable bidding from Subcontractors, vendors or suppliers, (c) Subcontractor defaults or incorrect performance, (d) costs of corrective Work not provided elsewhere herein, (e) labor disputes, or (f) any other reimbursable Costs of the Work for which a Change Order is not explicitly permitted hereunder, provided however, the Construction Manager’s Contingency 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.200 The201 Construction Manager shall provide 202advance written notice to the Owner of any use of the Construction Manager’s Contingency and the reason therefore. The Construction Manager’s Contingency shall be for the exclusive use of the Construction Manager for the above purposes but all unused amounts shall be returned to the OwnerOrder. § 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 in203 the Drawings and Specifications, provided that none of the assumptions or the clarifications may contradict the requirements of 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 Fee204 and General Requirements;

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 1892.2.4,1902.2.22.2.4, the General Requirements (defined below) and the Construction Manager’s Fee. 2.2.1.1 The "General Requirements" are those costs charged that are not direct construction costs but relate to the management and administration of the Work, such as the rates for the Construction Manager’s personnel or the cost of fencing. The Construction Manager shall describe each of elements comprising the General Requirements in detail. Any supervisory or personnel positions not identified in the General Requirements shall be deemed included in the Construction Manager’s Fees. Upon acceptance of the Guaranteed Maximum Price, the General Requirements shall not exceed the total amount allocated to this line item unless the Construction Manager can demonstrate that the Work described in a Change Order directly increases these costs, provided, however, the Contract Time and the Contract Sum, including General Requirements, shall be equitably adjusted in the case of a significant change in the Scope of the Work. The Construction Manager’s Contingency cannot be allocated to pay additional General Requirements. § 2.2.2 192To To the extent that193The "Construction Manager’s Contingency" shall initially be an amount equal to Five Percent (5%) of the Cost of the Work and shall cover the cost resulting from (a) further development of that the Drawings and Specifications 194are are anticipated to require further development by the Architect195Architect, the196 the Construction Manager shall provide 197in the Guaranteed Maximum Price for such further development consistent with the Contract Documents and reasonably inferable therefrom198therefrom. Such further development199 and consistent with industry standards, (b) unfavorable bidding from Subcontractors, vendors or suppliers, (c) Subcontractor defaults or incorrect performance, (d) costs of corrective Work not provided elsewhere herein, (e) labor disputes, or (f) any other reimbursable Costs of the Work for which a Change Order is not explicitly permitted hereunder, provided however, the Construction Manager’s Contingency 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.200 The201 Order. The Construction Manager shall provide 202advance written notice to promptly advise the Owner of any use of the Construction Manager’s Contingency and the reason therefore. The Construction Manager’s Contingency shall be for Architect in writing if, at any time, it appears that the exclusive use designed scope of Work will exceed the Construction Manager for GMP, and make recommendation and/or take corrective action at the above purposes but all unused amounts shall be returned to direction and approval of the Owner. § 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 in203 the Drawings and Specifications, provided that none of the assumptions or the clarifications may contradict the requirements of 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 Fee204 and General RequirementsFee;

Guaranteed Maximum Price Proposal and Contract Time. § 2.2.1 At a time to be mutually agreed upon When all design elements of the Drawings and Specifications are at least ninety percent (90%) complete as determined by the Owner Architect and the Construction Manager and in consultation with the ArchitectManager, the Construction Manager shall prepare propose a Guaranteed Maximum Price proposal for the Owner’s review and acceptance. The Guaranteed Maximum Price in the proposal Price, which shall be the sum of the Construction Manager’s estimate of the Cost of the Work, including contingencies described in Section 1892.2.4,1902.2.22.2.4, the General Requirements (defined below) Conditions and the Construction Manager’s Fee. 2.2.1.1 The "General Requirements" are those costs charged that are not direct construction costs but relate . If any Guaranteed Maximum Price proposal submitted to the management and administration of the Work, such as the rates for the Construction Manager’s personnel Owner exceeds previously approved estimates or the cost of fencing. The Owner’s budget, the Construction Manager shall describe each make appropriate recommendations to the Owner and Architect for cost reductions including, but not limited to, substitution of elements comprising materials or revisions or alterations to the General Requirements Construction Documents, in detailorder to bring the Project within the Owner’s budget, but shall not delete necessary components of the Project without Owner’s consent. Any supervisory In the event that the quality or personnel positions not scope identified in the General Requirements shall be deemed included in the Construction Manager’s Fees. Upon acceptance of the Guaranteed Maximum Price, the General Requirements shall not proposal are unacceptable or exceed the total amount allocated to this line item unless Owner’s budget, the Construction Manager can demonstrate shall work with the Architect to develop options that are acceptable to the Work described in a Change Order directly increases these costsOwner, provided, however, the Contract Time and the Contract Sum, including General Requirements, shall be equitably adjusted in the case of a significant change in the Scope of the Work. The Construction Manager’s Contingency cannot be allocated to pay additional General Requirements.that are § 2.2.2 192To To the extent that193The "Construction Manager’s Contingency" shall initially be an amount equal to Five Percent (5%) of the Cost of the Work and shall cover the cost resulting from (a) further development of that the Drawings and Specifications 194are are anticipated to require further development by the Architect195Architect, the196 the Construction Manager shall provide 197in the Guaranteed Maximum Price for such further development consistent with the Contract Documents and reasonably inferable therefrom198therefrom. Such further development199 and consistent with industry standards, (b) unfavorable bidding from Subcontractors, vendors or suppliers, (c) Subcontractor defaults or incorrect performance, (d) costs of corrective Work not provided elsewhere herein, (e) labor disputes, or (f) any other reimbursable Costs of the Work for which a Change Order is not explicitly permitted hereunder, provided however, the Construction Manager’s Contingency 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.200 The201 Construction Manager shall provide 202advance written notice to the Owner of any use of the Construction Manager’s Contingency and the reason therefore. The Construction Manager’s Contingency shall be for the exclusive use of the Construction Manager for the above purposes but all unused amounts shall be returned to the OwnerOrder. § 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 in203 the Drawings and Specifications, provided that none of the assumptions or the clarifications may contradict the requirements of 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 Fee204 and General RequirementsFee;

Guaranteed Maximum Price Proposal and Contract Time. § 2.2.1 At a time to be mutually agreed upon by (a) When the Owner Drawings and the Construction Manager and in consultation with the ArchitectSpecifications are sufficiently complete, the Construction Manager shall prepare propose a Guaranteed Maximum Price proposal for the Owner’s review and acceptance. The Guaranteed Maximum Price in the proposal Price, which shall be the sum of the Contract No. ____________ ▇▇▇▇- Construction Manager’s estimate of the 8.24.18 58 estimated Cost of the Work, including contingencies described in Section 1892.2.4,1902.2.2, the General Requirements (defined below) Work and the Construction Manager’s Fee. 2.2.1.1 The "General Requirements" . Provided, however, Construction Manager understands such estimates are those costs charged that are not direct construction costs but relate to relied upon by the management and administration of the WorkCity in making various Project determinations, such as the rates for the and, therefore, should Construction Manager’s personnel or Guaranteed Maximum Price proposal exceed the cost City’s applicable budget by more than 10%, all pre- construction services rendered thereafter to render the Project within 10% of fencing. The the budget by Construction Manager shall describe each of elements comprising be at its cost. (b) As the General Requirements in detail. Any supervisory or personnel positions Drawings and Specifications may not identified in be finished at the General Requirements shall be deemed included in the Construction Manager’s Fees. Upon acceptance of time the Guaranteed Maximum PricePrice proposal is prepared, the General Requirements shall not exceed the total amount allocated to this line item unless the Construction Manager can demonstrate that the Work described in a Change Order directly increases these costs, provided, however, the Contract Time and the Contract Sum, including General Requirements, shall be equitably adjusted provide in the case of a significant change in the Scope of the Work. The Construction Manager’s Contingency cannot be allocated to pay additional General Requirements. § 2.2.2 192To the extent that193The "Construction Manager’s Contingency" shall initially be an amount equal to Five Percent (5%) of the Cost of the Work and shall cover the cost resulting from (a) Guaranteed Maximum Price for further development of the Drawings and Specifications 194are anticipated to require further development by the Architect195, the196 Construction Manager shall provide 197in the Guaranteed Maximum Price for such further development Architect that is consistent with the Contract Documents and reasonably inferable therefrom198therefrom. Such further development199 and consistent with industry standards, (b) unfavorable bidding from Subcontractors, vendors or suppliers, (c) Subcontractor defaults or incorrect performance, (d) costs of corrective Work not provided elsewhere herein, (e) labor disputes, or (f) any other reimbursable Costs of the Work for which a Change Order is not explicitly permitted hereunder, provided however, the Construction Manager’s Contingency 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.200 The201 Construction Manager Order. (c) The estimated Cost of the Work shall provide 202advance written notice to the Owner of any use of include the Construction Manager’s Contingency and the reason therefore. The Construction Manager’s Contingency shall be for the exclusive use of contingency, a sum established by the Construction Manager for the above purposes but all unused amounts shall be returned Construction Manager’s exclusive use to the Owner. § 2.2.3 The Construction Manager shall include with the Guaranteed Maximum Price proposal a written statement of its basis, cover costs arising under Paragraph 23.3(b) and other costs 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 in203 the Drawings and Specifications, provided that none of the assumptions or the clarifications may contradict the requirements of the Drawings and Specifications; .3 A statement of the proposed Guaranteed Maximum Price, including a statement of the estimated are properly reimbursable as Cost of the Work organized by trade categories or systems, allowances, contingency, and but not the Construction Manager’s Fee204 and General Requirements;basis for a Change Order.