2018-325-E AMS - Bordeaux Construction Co. Northern Campus construction

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DocuSign Envelope ID: 04E136D1 -507C- 4219- BF16- 446F8D2192F8 agreement of the parties. Other CMAR positions will be deemed included in the CMAR Construction Fee. 3.9. Additional General Conditions costs alleged to arise from any Owner - requested change orders to the Work of the Project will be reviewed on an individual change order basis. After consultation with the Project Designer, the Owner shall determine whether the requested increases are caused by an Owner- requested change order. Absent extraordinary circumstances, the CMAR should not expect that any change order other than those requested by the Owner will allow for an increase in its General Conditions. 3.10. The CMAR shall not, on account of differing site conditions, be entitled to any increase in the CMAR Fee or General Conditions unless the differing site condition is such that the CMAR is entitled to an extension of the time for completion of the Project of more than 30 calendar days. 4. CONSTRUCTION GUARANTEED MAXIMUM PRICE ( "GMP ") 4.1. Upon final review submission by the Project Designer of Construction Documents for an agreed phase of the Work, the CMAR will develop and provide to the Owner a GMP for that phase which will include all costs of construction, (hereinafter sometimes referred to as "Cost of the Work "), and all other projected costs including without limitation the CMAR Fee, the CMAR -GMP Contingency and General Conditions allowance, but not including the Owner's Construction Contingency. The Early Completion Bonus Fund will not be included in any GMP until the final GMP, at which time the Early Completion Bonus will be included in the GMP. The GMP shall set out each anticipated Subcontract amount, the CMAR fixed Fee, the General Conditions Allowance costs including on -site field staff, and all Project related costs, i.e., bonds, personnel payroll benefits, etc. The allocation, basis and distribution of the cost of construction, CMAR Fee, General Conditions and CMAR -GMP Contingency for each GMP shall be set out in detail in each GMP amendment. 4.2. The GMP shall reflect all cash discounts obtained on payments made by the CMAR or any Subcontractor, which shall be for the benefit of the Owner. Trade discounts, rebates, refunds, and amounts received from sales of surplus or salvaged materials and equipment shall accrue to the Owner and the CMAR shall make provisions so they can be secured and shall reduce the GMP accordingly. Amounts which accrue to the Owner in accordance with this section shall be accounted for and credited to the Owner as a deduction from the Cost of the Work or the General Conditions as appropriate. 4.3. The CMAR will develop and submit its final GMP for the Project within 120 days of the Owner approval of the final submission of the complete Construction Documents by the Project Designer. At that time, the Total Construction Budget will be fixed, subject to changes only as set forth herein by change order. Until that time, the CMAR agrees to use its best efforts to work with the Project Team to keep the cost of the Project within the Total Construction Budget. 4.4. Each GMP for a phase of the Work shall identify the Construction Drawings that define the scope of work covered by the GMP, shall describe any assumptions or clarifications concerning the scope of the Work, shall describe any special allowances and the basis on which each allowance was calculated, and shall contain the progress schedule related to that phase of the Work. 4.5. The Owner reserves the right to direct the CMAR to (and the CMAR shall) work in conjunction with the Project Designer to redesign the Project as necessary to maintain the Project program and meet the Total Construction Budget as follows: 4.5.1. After consultation with the Owner, the CMAR shall coordinate and cooperate with the Project Team to alter and redraft Construction Documents as necessary to accomplish the required reduction in cost. Page 7 of 53 Revised 10/17