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§ 2.2 .2 A§ 2 .2 . 3 The estimated Cost of the Work shall include the t-*w-Construction Manager ' s contingency , a sum established by the construction Manager shall p ide in the n. , ., ..anteea Maximum Price for fU4110f devel„,.. ent of the Dfawings Construction Manager' s exclusive use to cover costs arising under Section 2 .2 . 1 and Speeifieations by other costs which are properly reimbursable as Cost of the A hitee. that is ,., ,..stem with Work but not the GeatEaet DOeuments and reasonably inferable ther-eff-em. Sueh f4ther- development does not inelude sueh tWngs as ehanges in seepe, systems , k4nds and quality of materials , finishes or- equipment, all of whieh, if required , shall b .e i per-ated4)y-basis for a Change Order. § 2.2.3 The estimated Cost of the Work shall include the Constmetion Manager-' s contingeney, a sufn established by and other- eosts which are pfreper-ly reinabur-s.ah- le as C-e- st of the Work but not the basis fef a Change Or-def. § 2.2.4 BASIS OF GUARANTEED MAXIMUM PRICE The Construction Manager shall include with the Guaranteed Maximum Price proposal a written statement of its basis, which shall include : .1 A list of the Drawings and Specifications, including all addenda thereto and the Conditions of the Contract, which were used in preparation of the Guaranteed Maximum Price proposal . .2 A list of allowances and a statement of their basis . .3 A list of the clarifications and assumptions made by the Construction Manager in the preparation of the Guaranteed Maximum Price proposal to supplement the information contained in the Drawings and Specifications . .4 The proposed Guaranteed Maximum Price, including the cost of the Work as set forth in Article 6 of this Agreement and a statement of the estimated cost organized by trade categories, allowances, contingency , and other items and the Fee that comprise the Guaranteed Maximum Price. .5 The Date of Substantial Completion upon which the proposed Guaranteed Maximum Price is based, and a schedule of the Construction Documents issuance dates upon which the date of Substantial Completion is based . § 2.2. 5 The Construction Manager shall promptly meet with the Owner and Architect to review the Guaranteed Maximum Price proposal and the written statement of its basis . In the event that the Owner or 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. § 2.2.6 Unless the Owner accepts the Guaranteed Maximum Price proposal in writing on or before the date specified in the proposal for such acceptance and so notifies the Construction Manager, the Guaranteed Maximum Price proposal shall not beeffeetive without written aeeeptanee by the Constr-tietien . ffective. § 2.2.7 Prior to the Owner' s written acceptance of the Construction Manager' s Guaranteed Maximum Price proposal and issuance of a Notice to Proceed, the Construction Manager shall not incur any cost to be reimbursed as part of the Cost of the Work, except as the Owner may specifically authorize in writing . § 2 .2.8 Upon acceptance by the Owner of the Guaranteed Maximum Price proposal, the Guaranteed Maximum Price and its basis shall be set forth in Amendment No . 1 . The Guaranteed Maximum Price shall be subject to additions and deductions by a change in the Work as provided in the Contract Documents, and the Date of Substantial Completion shall be subject to adjustment as provided in the Contract Documents . § 2 .2 .9 The Owner shall authorize and cause the Architect to promptly revise the Drawings and Specifications to the extent necessary to reflect the agreed-upon assumptions and clarifications contained in Amendment No . 1 . Such revised Drawings and Specifications shall be furnished to the Construction Manager in accordance with schedules agreed to by the Owner, Architect and Construction Manager. The Construction Manager shall promptly notify the Architect and Owner in writing if such revised Drawings and Specifications are inconsistent with the agreed- upon assumptions and clarifications . § 2.2. 10 The Guaranteed Maximum Price shall include in the Cost of the Work only those taxes which are enacted at the time the Guaranteed Maximum Price is established . AIA Document A121 TMCMc — 2003 and AGC Document 565. Copyright © 1991 and 2003 by The American Institute of Architects and The Associated General Contractors of America. All rights reserved. WARNING : This document Is protected by U.S. Copyright Law and International Treaties. 5 Unauthorized reproduction or distribution of this document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17 :00 :26 on 05/25/2005 under Order No. 1000126313_1 which expires on 6/29/2005, and is not for resale. User Notes: (3163795107)