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§ 3.1.13 Compliance with Laws
<br />The Construction Manager shall comply with applicable laws, statutes, ordinances, codes, rules and regulations, and lawful
<br />orders of public authorities applicable to its performance under this Contract, and with equal employment opportunity
<br />programs, and other programs as may be required by governmental, and quasi-governmental authorities.
<br />§ 3.1.14 Other Preconstruction Services
<br />Insert a description of any other Preconstruction Phase services to be provided by the Construction Manager, or reference an
<br />exhibit attached to this document
<br />(Describe any other Preconstruction Phase services, such as providing cash flow projections, development of a project
<br />information management system, early selection or procurement of subcontractors, etc.)
<br /> N/A
<br />§ 3.2 GuaranteedMaximumPriceProposal
<br />§ 3.2.1 At a time to be mutually agreed upon by the Owner and the Construction Manager, the Construction Manager shall
<br />prepare a Guaranteed Maximum Price proposal for the Owner’s and Architect’s review, and the Owner’s acceptance. The
<br />Guaranteed Maximum Price in the proposal shall be the sum of the Construction Manager’s estimate of the Cost of the Work,
<br />the Construction Manager’s contingency described in Section 3.2.4, and the Construction Manager’s Fee described in Section
<br />6.1.2.
<br />§ 3.2.2 To the extent that the Contract Documents are anticipated to require further development, the Guaranteed Maximum
<br />Price includes the costs attributable to such further development consistent with the Contract Documents and reasonably
<br />inferable therefrom. Such further development does not include changes in scope, systems, kinds and quality of materials,
<br />finishes, or equipment, all of which, if required, shall be incorporated by Change Order.
<br />§ 3.2.3 The Construction Manager shall include with the Guaranteed Maximum Price proposal a written statement of its basis,
<br />which shall include the following:
<br />.1 A list of the Drawings and Specifications, including all Addenda thereto, and the Conditions of the Contract;
<br />.2 A list of the clarifications and assumptions made by the Construction Manager in the preparation of the
<br />Guaranteed Maximum Price proposal, including assumptions under Section 3.2.2;
<br />.3 A statement of the proposed Guaranteed Maximum Price, including a statement of the estimated Cost of the
<br />Work organized by trade categories or systems, including allowances; the Construction Manager’s contingency
<br />set forth in Section 3.2.4; and the Construction Manager’s Fee;
<br />.4 The anticipated date of Substantial Completion upon which the proposed Guaranteed Maximum Price is based;
<br />and
<br />.5 A date by which the Owner must accept the Guaranteed Maximum Price.
<br />§ 3.2.4 In preparing the Construction Manager’s Guaranteed Maximum Price proposal, the Construction Manager shall include
<br />a contingency for the Construction Manager’s exclusive use to cover those costs that are considered reimbursable as a Cost of
<br />the Workbut not otherwise included in a Change Order.
<br />§ 3.2.5 The Construction Manager shall meet with the Owner and Architect to review the Guaranteed Maximum Price
<br />proposal. In the event that the Owner or Architect discover any inconsistencies or inaccuracies in the information presented,
<br />they shall promptly notify the Construction Manager, who shall make appropriate adjustments to the Guaranteed Maximum
<br />Price proposal, its basis, or both.
<br />§ 3.2.6 If the Owner notifies the Construction Manager that the Owner has accepted the Guaranteed Maximum Price proposal
<br />in writing before the date specified in the Guaranteed Maximum Price proposal, the Guaranteed Maximum Price proposal
<br />shall be deemed effectivewithout further acceptance from the Construction Manager. Following acceptance of a Guaranteed
<br />Maximum Price, the Owner and Construction Manager shall execute the Guaranteed Maximum Price Amendment amending
<br />this Agreement, a copy of which the Ownershall provide to the Architect. The Guaranteed Maximum Price Amendment shall
<br />set forth the agreed upon Guaranteed Maximum Price with the information and assumptions upon which it is based.
<br />§ 3.2.7 The Construction Manager shall not incur any cost to be reimbursed as part of the Cost of the Work prior to the
<br />execution of the Guaranteed Maximum Price Amendment, unless the Owner provides prior written authorization for such
<br />costs.
<br />AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of
<br />Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects.This draft was produced at 13:53:13 CDT
<br />8
<br />on 08/18/2025 under Subscription No.20250116558 which expires on , is not for resale, is licensed for one-time use only, and may only be used in accordance
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<br />with the AIA Contract DocumentsTerms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com.
<br />User Notes: (640e2aedf442e4498d096805)
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