2025-207-E-AMS-Gilban crisis diversion-Master WC GL AutoXS-10M

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Page 7 of 53 5-2-25 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. Not later than 12/01/2025, provided the Designer submits by 08/01/2025 and the Owner approves final submission by the Project Designer of the last of the complete Construction Documents for the entire Project by 09/01/2025, the CMAR will develop and submit its final GMP for the Project. 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. At no time shall the CMAR Fee, General Conditions, CMAR-GMP Contingency, or the Early Completion Bonus Fund exceed the amounts for these respective items within the Total Construction Budget. The sum of all GMP must not exceed the Total Construction Budget, including CMAR Fees, overhead, and escalation until TBD as set forth on the RFQ Data Sheet, unless and to the extent that the Total Construction Budget is increased or decreased by the Board. 4.5. 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. 4.6. If or when the GMP (or projected value of all GMPSs) exceeds the Total Construction Budget, the Owner and CMAR will 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: 4.6.1. 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. 4.6.2. The CMAR shall develop and provide to the Owner a GMP in connection with the redrafted and altered Construction Documents to accomplish the necessary reductions in cost. 4.6.3. The CMAR shall analyze the Project Designer’s originally submitted and as altered and redrafted Construction Documents, and make recommendations to the Owner as to ways and methods to reduce the costs of constructing the Project to a sum which does not exceed the Total Construction Budget. Notwithstanding anything in the RFQ to the contrary, the CMAR shall perform the Work set forth in this section without additional compensation. The Owner has the right to reject any GMP as originally submitted, or as adjusted. In that event, the Contract may be terminated according to its terms. In addition, the Owner has the right to withhold, in its sole discretion, approval of the amendment of Docusign Envelope ID: 5A9E3BC2-EAE1-4C35-82D9-B4D6A375FA78