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Preconstruction Phase.This category includes unknown and unforeseeable hazmat conditions and soil conditions. .3 Regulatory Agency Changes.Costs incurred as a result of changes in regulatory requirements but only where such requirements change after execution of the GMP Amendment.(This shall not include costs incurred as a result of inspections or other enforcement that are based upon pre-existing requirements of the building permit.) .4 Significant Design Errors or Omissions. Significant errors or omissions in the Drawings or Specifications that could not reasonably have been anticipated or discovered by the Construction Manager before the GMP was established.However,design errors and omissions do not include,for example: (1)failure to coordinate between trades;(2)requirements of the Specifications that are not specifically shown in Drawings;(3)requirements of the Drawings that are not specifically described in the Specifications;or(4)design changes made at the request of the Construction Manager in order to facilitate the constructability of the Project.The failure of the Architect to specify every detail in the Construction Documents does not eliminate the requirement for the Construction Manager to provide at least a standard commercially available detail of institutional quality to serve the basic functions of the design. .5 Changes required by governmental inspectors to meet requirements beyond those contained in regulations.Changes required by an inspector of a governmental authority having jurisdiction beyond those contained in regulations or previously communicated. .6 Allowance adjustments. §3.2.4.3 Examples of events for which the GMP shall not be adjusted include but are not limited to: .1 Subcontractor Gaps.Gaps in scope coverage between Subcontractors,including self-performed Work. .2 Scope Gaps.An item indicated in the Drawings or Specifications that was not picked up in the GMP. .3 Ambiguities.Ambiguities in the Construction Documents that the Construction Manager knew of or that a reasonable contractor would have identified and raised with the Owner prior to establishing the GMP. .4 Interdisciplinary Coordination.Coordination inconsistencies and errors between design disciplines that the Construction Manager knew of,caused or contributed to,or reasonably should have known of. .5 Subcontractor Failure.A Subcontractor fails to perform or goes bankrupt. .6 Escalation of materials,equipment or labor prices,including without limitation escalation due to inflation and supply chain issues. .7 The Construction Manager's estimating errors. .8 Expediting costs for critical materials. .9 Coordination Claims.Costs related to Subcontractor Claims or charges that result from mistakes or omissions in Subcontractor buyout,or coordination issues between Subcontractors,or interference between Subcontractor and the Construction Manager or among Subcontractors.A Subcontractor claim may only increase the GMP if the basis of the claim would have entitled the Construction Manager to an increase in the GMP. §3.2.5 The Construction Manager shall meet with the Owner and Architect to review the Guaranteed Maximum Price proposal.In the event that the Owner or Architect discover any inconsistencies or inaccuracies in the information presented,they shall promptly notify the Construction Manager,who shall make appropriate adjustments to the Guaranteed Maximum Price proposal, its basis,or both. §3.2.6 Owner acceptance of the Guaranteed Maximum Price proposal only occurs by execution of the GMP Amendment by the Owner as approved by the Everett City Council,a copy of which the Owner shall provide to the Architect.The GMP Amendment shall set forth the agreed upon Guaranteed Maximum Price with the information and assumptions upon which it is based. §3.2.7 The Construction Manager shall not incur any cost to be reimbursed as part of the Cost of the Work prior to the commencement of the Construction Phase,unless the Owner provides prior written authorization for such costs. §3.2.8 The Owner shall authorize the Architect to provide revisions to the Drawings and Specifications to incorporate the agreed-upon assumptions and clarifications contained in the GMP Amendment. Revisions to the Drawings and Specifications will be included in the 100%Submittal and promptly furnished to the Construction Manager.The Construction Manager shall notify the Owner and Architect promptly and in writing of any inconsistencies between the GMP Amendment and the revised Drawings and Specifications,and shall comply with the contractual procedure in AIA Document A133' - 2019. Copyright © 1991, 2003, 2009, and 2019 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used 13 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 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 of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1279676012)