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' Appendix E Page 13 of 22 . To the Contract between Orange County and The RESOLUTE Building Company for Orange County Emergency Services Center RE50LVTE Orange County Emergency Services Center -GMP Proposal THE RESOLUTE BUILDING COMPANY Proposal Criteria The following is a list of scope and product clarifications for the Orange County Emergency Services Center. If a conflict should arise between the Contract Documents and this Attachment, this Attachment shall dominate. General Clarifications The Proposal is based on the Bid Documents prepared by the Designer of Record and presented in the Document List. 2. The Proposal is based on a mutually acceptable form of agreement between the Owner and the CM with mutually acceptable terms and/or language for General Conditions, Supplementary General Conditions, and Special Conditions. 3. The Proposal includes a Construction Contingency. This contingency is available to the CM for any unanticipated scope items or misunderstandings of scope by the CM and its Subcontractors. It is not the intent that the contingency be available for adding scope into the project or for unforeseen or concealed conditions. At agreed upon intervals during construction, the CM will review the contingency amount and the progress of the project and may, at his discretion, make available to the Owner a portion of this contingency. The Owner then may use the relinquished contingency to add scope or the Owner may claim it as savings. The Proposal has not included additional contingencies or allowances for design and/or programming errors or omissions. The CM recommends the Owner carry a separate design and/or project contingency. 4. Any "buy-out" or savings from line items can be used for any cost overruns on other line items. Excess savings shall be accumulated to the contractor's contingencies 5. The Proposal includes industry average material cost escalation. Due to the potential uncertainty of current material markets, the CM reserves the right to assess the validity of any material price increases and present those for potential reimbursement by the Owner. 6. The Proposal is based on the Designers of Record incorporating into the contract documents the required design for any value engineering or value management alternatives that may be accepted and included into the GMP Proposal or subsequent Proposals. The CM is not able to assume design responsibility or liability for any value engineering alternatives. 7. The Proposal is based on the anticipated project schedule, sequence and duration. The Proposal and the Schedule exclude contingencies or allowances for unforeseen conditions. The CM will endeavor to minimize cost or time implications associated with discovered unforeseen condition. 8. The Proposal is based on the expectation that the Contract Commencement Date will be defined when all required permits have been approved and a formal Notice to Proceed has been issued to the CM by the Owner. H:\EXP\PROJECTS\OCESCWppendix E\6-Proposal Criteria.doc