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Appendix E Page 13 of 22 <br />To the Contract between Orange County and The RESOLUTE Building Company for Orange County <br />Emergency Services Center <br />'~' Orange County Emergency Services Center -GMP Proposal <br />Proposal Criteria <br />I THE RESOLUTE BUILDING COMPANY <br />-1 <br />The following is a list of scope and product clarifications for the Orange County Emergency <br />Services Center. If a conflict should arise between the Contract Documents and this Attachment, <br />this Attachment shall dominate. <br />General Clarifications <br />3. The Proposal is based on the Bid Documents prepared by the Designer of Record and <br />presented in the Document List. <br />2. The Proposal is based on a mutually acceptable form of agreement between the Owner <br />and the CM with mutually acceptable terms and/or language for General Conditions, <br />Supplementary General Conditions, and Special Conditions. <br />3. The Proposal includes a Construction Contingency. This contingency is available to the <br />CM for any unanticipated scope items or misunderstandings of scope by the CM and its <br />Subcontractors. It is not the intent that the contingency be available far adding scope into <br />the project or for unforeseen ar concealed conditions. At agreed upon intervals during <br />construction, the CM will review the contingency amount and the progress of the project <br />and may, at his discretion, make available to the Owner a portion of this contingency. The <br />Owner then may use the relinquished contingency to add scope ar the Owner may claim it <br />as savings. The Proposal has not included additional contingencies or allowances for <br />design and/or programming errors or omissions. The CM recommends the Owner carry a <br />separate design and/or project contingency. <br />4. Any "buy-out" or savings from line items can be used for any cost overruns on other line <br />items. Excess savings shall be accumulated to the contractor's contingencies <br />5. The Propasa{ includes industry average material cost escalation. Due to the potential <br />uncertainty of current material markets, the CM reserves the right to assess the validity of <br />any material price increases and present those for potential reimbursement by the Owner. <br />6. The Proposal is based on the Designers of Record incorporating into the contract <br />documents the required design for any value engineering or value management <br />alternatives that may be accepted and included into the GMP Proposal or subsequent <br />Proposals. The CM is not able to assume design responsibility or liability for any value <br />engineering alternatives. <br />7. The Proposal is based on the anticipated project schedule, sequence and duration. The <br />Proposal and the Schedule exclude contingencies or allowances for unforeseen <br />conditions. The CM will endeavor to minimize cost or time implications associated with <br />discovered unforeseen condition. <br />8. The Proposal is based on the expectation that the Contract Commencement Date will be <br />defined when all required permits have been approved and a formal Notice to Proceed <br />has been issued to the CM by the Owner. <br />I <br />H:1EXPIPROJECSSIOCESC1Appendiz El6-Proposal Cdterie.doc 1 <br />