Common use of Review of GMP Basis Documents Clause in Contracts

Review of GMP Basis Documents. The Department has selected the Construction Manager, in large part, because of its special expertise in constructing similar projects. Before submitting its Guaranteed Maximum Price, the Construction Manager has reviewed the GMP Basis Documents for accuracy, constructability and completeness and has brought such deficiencies to the attention of the Department. To the extent that any such deficiencies in the GMP Basis Documents could have been identified by such review by a competent Construction Manager, such deficiencies shall not be the basis for a change in the GMP or delaying the Project Schedule. Contingency. The Cost of the Work shall include a contingency, which shall be a sum established by the Department and the Construction Manager to cover, among other things costs necessary to address scope expansion that is a logical development of the design, issues arising from or as a result of deficiencies in the GMP Basis Documents and other costs which are properly reimbursable as Cost of the Work but not the basis for a Change Order, such as costs that were not reasonably foreseeable as of the effective date of this Agreement, including such items as emergencies, unforeseeable changes in market conditions for materials or labor, or subsurface, soils or site conditions that were neither known nor reasonably discoverable as of the effective date of the Agreement (the “Contingency”). During the Construction Phase, the Construction Manager shall keep the Program Manager informed as to the status of the Contingency and shall, at a minimum: (i) advise the Program Manager or any significant draws upon the Contingency in a timely manner; and (ii) provide the Program Manager with running status of the Contingency balance at least once every two (2) weeks.