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<br />AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,”
<br />“AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks of The American Institute of Architects. This document was produced at 15:11:22 ET
<br />on 07/31/2023 under Order No.3104237129 which expires on 08/14/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance
<br />with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com.
<br />User Notes: (1769632854)
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<br />§ 3.1.12 Procurement
<br />The Construction Manager shall prepare, for the Owner’s review and acceptance, a procurement schedule for items that
<br />must be ordered in advance of construction. The Construction Manager shall expedite and coordinate the ordering and
<br />delivery of materials that must be ordered in advance of construction. If the Owner agrees to procure any items prior to the
<br />establishment of the Guaranteed Maximum Price, the Owner shall procure the items on terms and conditions acceptable to
<br />the Construction Manager. Upon the establishment of the Guaranteed Maximum Price, the Owner shall assign all
<br />contracts for these items to the Construction Manager and the Construction Manager shall thereafter accept responsibility
<br />for them.
<br />§ 3.1.13 Compliance with Laws
<br />The Construction Manager shall comply with applicable laws, statutes, ordinances, codes, rules and regulations, and
<br />lawful orders of public authorities applicable to its performance under this Contract, and with equal employment
<br />opportunity 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
<br />an 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 />§ 3.2 Guaranteed Maximum Price Proposal
<br />§ 3.2.1 Ten (10) business days following receipt of the bids, the Construction Manager shall prepare a Guaranteed
<br />Maximum Price proposal for the Owner’s review, and the Owner’s acceptance. The Guaranteed Maximum Price in the
<br />proposal shall be the sum of the Construction Manager’s estimate of the Cost of the Work, the Construction Manager’s
<br />contingency described in Section 3.2.4, and the Construction Manager’s Fee described in Section 6.1.2.
<br />§ 3.2.2 To the extent that the Contract Documents are anticipated to require further development, the Guaranteed
<br />Maximum Price includes the costs attributable to such further development consistent with the Contract Documents and
<br />reasonably inferable therefrom. Such further development does not include changes in scope, systems, kinds and quality
<br />of materials, 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
<br />basis, which shall include the following:
<br />.1 A list of the Drawings and Specifications, including all Addenda thereto, and the Conditions of the
<br />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
<br />the Work organized by trade categories or systems, including allowances; the Construction Manager’s
<br />contingency 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
<br />based; 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
<br />include its construction contingency for the Construction Manager’s exclusive use to cover those costs considered
<br />reimbursable as the Cost of the Work but not included in a Change Order. By way of example, and not as a limitation,
<br />such cost may include: (a) trade buy-out differentials; (b) escalation of market costs for materials; (c) correction of
<br />defective, damaged or nonconforming Work; (d) Subcontractor defaults; (e) overtime, and (f) those events that result in an
<br />extension of the Contract Time but do not results in an increase in the Guaranteed Maximum Price.
<br />§ 3.2.5 The Construction Manager shall meet with the Owner to review the Guaranteed Maximum Price proposal. In the
<br />event that the Owner discovers any inconsistencies or inaccuracies in the information presented, they shall promptly
<br />notify the Construction Manager, who shall make appropriate adjustments to the Guaranteed Maximum Price proposal, its
<br />basis, or both.
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