Init.
shall expedite and coordinate the ordering and delivery of materials that must be ordered well in advance of
construction. If the Owner agrees to procure any items prior to the establishment of the Guaranteed Maximum Price,
the Owner shall procure the items on terms and conditions acceptable to the Construction Manager. Upon the
establishment of the Guaranteed Maximum Price, the Owner shall assign all contracts for these items to the
Construction Manager and the Construction Manager shall thereafter accept responsibility for them.
§ 2.1.8 Extent of Responsibility
The Construction Manager shall exercise reasonable care in preparing schedules and estimates. The Construction
Manager, however, does not warrant or guarantee estimates and schedules except as may be included as part of the
Guaranteed Maximum Price. The Construction Manager is not required to ascertain that the Drawings and
Specifications are in accordance with applicable laws, statutes, ordinances, codes, rules and regulations, or lawful
orders of public authorities, but the Construction Manager shall promptly report to the Architect and Owner any
nonconformity discovered by or made known to the Construction Manager as a request for information in such form
as the Architect may require.
§ 2.1.9 Notices and Compliance with Laws
The Construction Manager shall comply with applicable laws, statutes, ordinances, codes, rules and regulations, and
lawful orders of public authorities applicable to its performance under this Contract, and with equal employment
opportunity programs, and other programs as may be required by governmental and quasi governmental authorities
for inclusion in the Contract Documents.
§ 2.2 Guaranteed Maximum Price Proposal and Contract Time
§ 2.2.1 Ata time to be mutually agreed upon by the Owner and the Construction Manager and in consultation with
the Architect, the Construction Manager shall prepare a Guaranteed Maximum Price proposal for the Owner’s
review and acceptance. The Guaranteed Maximum Price in the proposal shall be the sum of the Construction
Manager’s estimate of the Cost of the Work, including contingencies described in Section 2.2.4, and the
Construction Manager’s Fee.
§ 2.2.2 To the extent that the Drawings and Specifications are anticipated to require further development by the
Architect, the Construction Manager shall provide in the Guaranteed Maximum Price for such further development
consistent with the Contract Documents and reasonably inferable therefrom. Such further development does not
include such things as changes in scope, systems, kinds and quality of materials, finishes or equipment, all of which,
if required, shall be incorporated by Change Order.
§ 2.2.3 The Construction Manager shall include with the Guaranteed Maximum Price proposal a written statement of
its basis, which shall include the following:
AA list of the Drawings and Specifications, including all Addenda thereto, and the Conditions of the
Contract;
2 A list of the clarifications and assumptions made by the Construction Manager in the preparation of the
Guaranteed Maximum Price proposal, including assumptions under Section 2.2.2, to supplement the
information provided by the Owner and contained in the Drawings and Specifications;
.3 A statement of the proposed Guaranteed Maximum Price, including a statement of the estimated Cost
of the Work organized by trade categories or systems, allowances, contingency, and the Construction
Manager’s Fee;
A The anticipated date of Substantial Completion upon which the proposed Guaranteed Maximum Price
is based; and
.5 A date by which the Owner must accept the Guaranteed Maximum Price.
§ 2.2.4 In preparing the Construction Manager’s Guaranteed Maximum Price proposal, the Construction Manager
shall include its contingency for the Construction Manager’s exclusive use to cover those costs considered
reimbursable as the Cost of the Work but not included in a Change Order.
§ 2.2.5 The Construction Manager shall meet with the Owner and Architect to review the Guaranteed Maximum
Price proposal. In the event that the Owner and Architect discover any inconsistencies or inaccuracies in the
information presented, they shall promptly notify the Construction Manager, who shall make appropriate
adjustments to the Guaranteed Maximum Price proposal, its basis, or both.
AIA Document A133” ~ 2009 (formerly A121"™CMc — 2003). Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved.
The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are reg stered trademarks and may not be used without permission.
This document was produced by AIA software at 11:15:33 ET on 05/04/2021 under Order No.4797552925 which expires on 09/23/2021, is not for resale, is
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User Notes: (3B9ADA4E)
