Reso 2016-2539 - Laserfiche WebLink

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c. The Owner may authorize and cause the Architect/Engineer to revise the Drawings and Specifications to the extent necessary to reflect the agreed-upon assumptions, clarifica- tions, and value analysis items contained in any amendments which establishes a GMP. Such revised Drawings and Specifications shall be furnished to the Construction Manager in accordance with schedules agreed to by the Owner, Architect and Construction Man- ager. The Construction Manager shall promptly notify the Architect and Owner if such revised Drawings and Specifications are inconsistent with the agreed-upon assumptions and clarifications. d. The Guaranteed Maximum Price shall be based on actual subcontractor cost proposals as negotiated with various subcontractors. The proposal shall be broken down into the cate- gories and level of detail required by Owner. Construction Manager agrees that all of its books, records and files, with respect to its development the GMP shall be open to Owner for review and copying. The GMP shall be mutually agreed upon by Owner and Con- struction Manager. Construction Manager guarantees that in no event shall the sum of the Construction Manager's Fee, the total cost of the Work (including General Conditions) and the Construction Manager's Contingency exceed the GMP. However, the GMP may be adjusted pursuant to the terms herein for Change Orders and Construction Change di- rectives. In the event Construction Manager and Owner fail to reach an agreement on the GMP, Owner may elect to terminate this contract. ARTICLE 3 Construction Manager Fee 3.1 In consideration of the performance of the Contract, the Owner agrees to pay the Construc- tion Manager in current funds as compensation for his services a Preconstruction Services Fee as set forth in Subparagraph 3.1.1. 3.1.1 For the performance of the Preconstruction Phase Services, a fee of$200,000 which shall be paid proportionately based on the scheduled Design Phase budget deliverable presentation. 3.1.2 The Construction Manager's fee as set forth in Subparagraph 3.1.1 above is based on an overall duration for Design Phase services of seven (7) months, commencing on or about January 1, 2016 and concluding on or about July 1, 2016. Should the Design Phase services extend be- yond this duration for any reason outside the control of the Construction Manager, the Construc- tion Manager shall be entitled to additional compensation as set forth in §3.1.4 below. 3.1.3 The Construction Manager has based its fee on four (4) estimates as set forth in Subpara- graph 2.1.9. If additional estimates are deemed necessary by the Owner, the Construction Man- ager shall be entitled to additional compensation for its efforts. Further, if the scope of Design Phase services is increased beyond those items as described within this agreement, the Construc- tion Manager shall be entitled to additional compensation for these efforts, as well. Page