Agenda - 01-15-2008-4y1 - Laserfiche WebLink

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The CM shall be entitled to maintain possession of a reasonable number of sets of Contract Documents and record documents during and after the completion of the Project for its records. The CM shall not reproduce or distribute such documents to any third person or for any purpose other than bidding, permitting and construction of the Project, or enforcing its rights under this Agreement. The CM shall have no copyright or other rights in the documents, or other rights to use the documents. ARTICLE 12 SPECIAL GUARANTEED MAXIMUM PRICE PROVISIONS 12.1 Guaranteed Maximum Price Pursuant to this Agreement and for the Project defined in Article 2, the Owner and the CM agree that the Guaranteed Maximum Price for the Project is the total of the two Guaranteed Maximum Prices as defined in the Agreement of Purchase and Sale (Library Building) and the Agreement of Purchase and Sale (Office Building}. 12.1.1. Documentation The Guaranteed Maximum Price documentation shall be prepared by the CM and submitted to the Owner with the Guaranteed Maximum Price Proposal. The documentation shall at a minimum describe the Contract Documents on which the Guaranteed Maximum Price Proposal is based, and set forth the cost elements of the Guaranteed Maximum Price in detail. The documentation may include drawings, sketches, specifcations, calculations or other data used to identify the basis of the Guaranteed Maximum Price. Documentation of the Guaranteed Maximum Price was developed by the GM from the design Drawings and Specifications and such other documents as maybe described in the Proposal. 12.1.2 Budget Items The documentation of the Guaranteed Maximum Price shall include a detailed cost tabulation with at least the elements described in the Listing of Cost Elements in Appendix B. 12.1.3 GM Contingency The Guaranteed Maximum Price shall include a contingency amount (the Contingency) for the use of the CM. The Contingency shall be included in the Guaranteed Maximum Price. The Contingency is for the use of the CM to defray costs in excess of the Cost of the Work for which the CM is not otherwise entitled to an increase in the Guaranteed Maximum Price under the terms of this Agreement. 12.1.3.1 [Not used] 12.1.3.2 [Not used] 12.1.3.3 [Not used] 12.1.3.4 [Not used] 12.1.4 Construction Contract Price Savings and Overruns [Not used] 12.1.4.1 [Not used] 12.1.4.2 [Not used] 12.1.4.3 [Not used] 12.1.5 Change of Contractor Ordered by Owner If the Owner decides to award a contract to a bidder other than the lowest responsible and responsive pre-qualified bidder for any potion of the Project, and if the CM consents to the Owner's decision to do so in writing, the Guaranteed Maximum Price shall be increased by the amount of the difference between the award price and the price submitted by the lowest responsible and responsive bidder. Nothing herein shall abrogate the CM's right to approve the bidders selected to perform the Work. 12.1.6 Costs in Excess of Guaranteed Maximum Price In the event that the sum of the Cost of the Work exceeds the Guaranteed Maximum Price and any adjustments therein as may be due pursuant to the terms hereof or the Agreement of Intent, the GM shall continue to perform at no additional cost to the Owner until the Project, defined by this Agreement and all Attachments hereto, is complete. The CM shall be responsible for paying all costs in accordance with the terms of this Agreement that may be necessary to complete the Project, even if such amounts are in aggregate in excess of the Guaranteed Maximum Price. This Agreement is executed the day and year first written above. 28