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§3.1.14 Extent of Responsibility <br /> §3.1.14.1 The Construction Manager shall exercise reasonable care in preparing schedules and estimates.The <br /> Construction Manager,however,does not warrant or guarantee estimates and schedules except as may be included as <br /> part of the Guaranteed Maximum Price. The Construction Manager is not required to ascertain that the Drawings and <br /> Specifications prepared by the Architect are in accordance with applicable laws,statutes,ordinances,codes,rules and <br /> regulations,or lawful orders of public authorities,but the Construction Manager shall promptly report to the Architect <br /> and Owner any nonconformity discovered by or made known to the Construction Manager as a request for information <br /> in such form as the Architect may require. <br /> §3.1.14.2 The Construction Manager shall carefully review upon receipt all Drawings, Specifications and Reports <br /> submitted to it at each level of design. The Construction Manager shall promptly report to the Owner and the Architect <br /> any error,inconsistency or omission that the Construction Manager may discover in them and shall recommend changes <br /> and alternatives.The Construction Manager's review shall be made in the Construction Manager's capacity as a <br /> contractor and not as a licensed design professional,except to the extent the Construction Manager or a Subcontractor <br /> has design-build responsibilities. <br /> § 3.1.15 Compliance with Laws <br /> The Construction Manager shall comply with applicable laws, statutes,ordinances,codes,rules and regulations,and <br /> lawful orders of public authorities applicable to its performance under this Contract,and with equal employment <br /> opportunity programs,apprenticeship programs,and other programs as may be required by governmental and quasi- <br /> governmental authorities. <br /> § 3.1.16 Other Preconstruction Services <br /> Insert a description of any other Preconstruction Phase services to be provided by the Construction Manager,or <br /> reference an exhibit attached to this document <br /> (Describe any other Preconstruction Phase services, such as providing cash flow projections, development of a project <br /> information management system, early selection or procurement of subcontractors, etc.) <br /> Exhibit 2 <br /> §3.2 Guaranteed Maximum Price Proposal and Contract Time <br /> §3.2.1 At a time to be mutually agreed upon by the Owner and the Construction Manager,and when the Construction <br /> Drawings and Specifications are at least 90%complete,the Owner will submit a"GMP set"of Construction Documents <br /> to the Construction Manager,and within twenty-one(21)days of receipt of the GMP set,unless a longer period of time <br /> is approved by the Owner due to special conditions or circumstances,and in consultation with the Architect and Owner, <br /> the Construction Manager shall prepare a Guaranteed Maximum Price proposal for the Owner's review and acceptance. <br /> The Construction Manager shall promptly notify the Owner if it does not consider the Drawings and Specifications to <br /> be at least 90%complete and shall not propose a GMP until the Drawings and Specifications are at least 90%complete. <br /> A list of items needed to obtain 90%completion shall be prepared by the Construction Manager and agreed to by the <br /> Owner and the Architect prior to additional information being added to the Construction Documents. <br /> §3.2.2 To the extent that the Drawings and Specifications are anticipated to require further development by the <br /> Architect,the Construction Manager shall provide in the Guaranteed Maximum Price for such further development <br /> consistent with the Contract Documents and reasonably inferable therefrom by allowing for such further development in <br /> its cost estimates.The Construction Manager will also make allowance for market conditions at the time of bidding and <br /> possible estimating inaccuracies within the GMP. Such further development does not include such things as changes in <br /> scope,systems,kinds and quality of materials,fmishes or equipment,all of which, if required,shall be incorporated by <br /> Change Order.A Change in the Work will not be warranted if the Work in question was reasonably inferable from or <br /> contemplated by,or a prudent contractor should have realized that the Work was necessary and appropriate under,the <br /> Contract Documents referenced in the GMP Amendment. <br /> §3.2.3 The Construction Manager shall include with the Guaranteed Maximum Price proposal a written statement of its <br /> basis,which shall include the following: <br /> .1 A list of the Drawings and Specifications,including all Addenda thereto,and the Conditions of the <br /> Contract; <br /> AIA Document A133- - 2019. Copyright © 1991, 2003, 2009, and 2019 by The American Institute of Architects. All rights reserved. The <br /> "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used 1 1 <br /> without permission. This draft was produced by AIA software at 13:10:24 ET on 04/22/2021 under Order No.7856855196 which expires on <br /> 05/01/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms <br /> of Service. To report copyright violations, e-mail copyright@aia.org. <br /> User Notes: (1279676012) <br />