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.2 A list of the clarifications and assumptions made by the Construction Manager in the preparation of the
<br /> Guaranteed Maximum Price proposal,divided into the proposed subcontract bid packages and including
<br /> assumptions under Section 3.2.2,to supplement the information provided by the Owner and contained in
<br /> the Drawings and Specifications;
<br /> .3 A statement of the proposed Guaranteed Maximum Price,including a statement of the estimated Cost of
<br /> the Work organized by trade categories or systems,the MACC, Specified General Conditions,and
<br /> Negotiated Support Services;the Construction Manager's Contingency;and the Construction Manager's
<br /> Fee(any Allowances must be limited and preapproved by the Owner);
<br /> .4 The anticipated date of Substantial Completion—by phase as applicable—upon which the proposed
<br /> Guaranteed Maximum Price is based;and
<br /> .5 A date by which the Owner must conclude negotiations and accept the Guaranteed Maximum Price,taking
<br /> into account that acceptance of the Guaranteed Maximum Prices only occurs by Owner's execution of
<br /> the GMP Amendment as approved by the Everett City Council.
<br /> §3.2.4.1 In preparing the Construction Manager's GMP proposal,the Construction Manager shall include its
<br /> Contingency,not to exceed two and one half percent(2.5%)of the MACC,for the Construction Manager's exclusive
<br /> use to cover costs arising under Section 3.2.2 and other costs that are properly reimbursable as a Cost of the Work but
<br /> not qualified for inclusion in a Change Order.The Construction Manager may use the Construction Manager's
<br /> Contingency to pay for Project issues that are within its control, such as design issues that a reasonable construction
<br /> manager should have resolved during the Preconstruction Services Phase,items in Drawings but not in the
<br /> Specifications,items on one Drawing but not another,items specified but not drawn,non-specified items within
<br /> Specifications,buy-out errors or shortfalls,scope gaps,ambiguities in the Construction Documents,damaged work not
<br /> covered by insurance(including,to the extent permitted by the Contract Documents,a deductible),unanticipated
<br /> general conditions expenses,interdisciplinary design coordination, Subcontractor performance,and expediting costs for
<br /> critical materials.The Construction Manager's Contingency may also be used for issues beyond the Construction
<br /> Manager's control such as lost time, increases in bid contracts,and Subcontractor performance or failure.The
<br /> Construction Manager must give the Owner notice and supporting cost backup when applying to use the Construction
<br /> Manager's Contingency.This Contingency is not available for Owner-directed design or scope changes,unforeseen or
<br /> differing site conditions,and design errors or omissions beyond the reasonable inferences described in Section 3.2.2,as
<br /> those costs entitle the Construction Manager to a Change Order.The Construction Manager shall use the Construction
<br /> Manager's Contingency only with the Owner's prior written consent,which shall not unreasonably be withheld.Each
<br /> use of Construction Manager's Contingency shall be shown as a separate line item in the schedule of values submitted
<br /> with Applications for Payment.Any balance remaining in the Contingency shall be returned to the Owner in a deductive
<br /> Change Order before Final Payment.
<br /> §3.2.4.2 The MACC shall consist of all Subcontractor scope of Work by bid package consistent with the Subcontracting
<br /> Plan, including Work the Construction Manager will self-perform through the Subcontracting bidding process,and all
<br /> other Article 7 Costs of the Work except the Negotiated Support Services and the Specified General Conditions.The
<br /> MACC used in negotiating the GMP shall be the summation of the actual amounts of any Subcontract bid packages
<br /> awarded and estimated amounts for Subcontract bid packages not yet bid.Upon completion of the buyout of
<br /> Subcontract bid packages,the Construction Manager shall ascertain whether any scope changes beyond those specified
<br /> in Section 3.2.2 have occurred in the Subcontract bidding documents as a result of completion of the Construction
<br /> Documents to the 100%level.In the event that these scope changes are required for the Project and approved by both
<br /> the Construction Manager and the Owner,any balance in the MACC may be accessed to cover such scope changes.Any
<br /> amounts remaining in the MACC when all the Subcontract bid packages have been awarded shall be added to the
<br /> Construction Manager's Contingency.It is the intent of the parties that when the GMP is set,the Construction Manager
<br /> will have participated in and be fully aware of the existing conditions and proposed design for the Project.It is further
<br /> intended that the GMP will include all elements necessary to complete the Project in accordance with the Contract
<br /> Documents,and that Change Orders adjusting the GMP will therefore not be necessary except in limited circumstances
<br /> as set forth below.Accordingly,the GMP shall be adjusted principally for the following events:
<br /> .1 Scope Changes.Owner revisions on scope items previously approved by the Owner and incorporated in
<br /> the pricing of the GMP.Examples: The Owner approved use of MC cable in lieu of conduit for branch
<br /> wiring runs and later decides to change back to conduit;or bid alternates not included in the GMP.
<br /> .2 Concealed or Unknown Conditions as described in Section 3.7.4 of the revised General Conditions.For
<br /> example,during the Construction Phase,substantially differing site conditions are encountered that could
<br /> not have been reasonably anticipated or discovered by the Construction Manager during the
<br /> AIA Document A133- - 2019. Copyright CO 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 12
<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
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<br /> User Notes: (1279676012)
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