Common use of Execution of Appendix Clause in Contracts

Execution of Appendix. “M”. 2.8.1 If the GMP proposal is not accepted by the Owner, the Owner shall promptly notify the Construction Manager in writing. Within fourteen (14) calendar days of such notification, the Owner, Professional(s) and Construction Manager shall meet to discuss and resolve any differences, inconsistencies, or misunderstandings and to negotiate recommended adjustments to the Work and/or to the GMP. If the parties are unable or unwilling to agree on a negotiated variant, the Owner shall hire an independent cost estimator to verify the GMP amount. If the independent estimate displays that the GMP should be within five percent (5%) of the project budget, the County may terminate this Contract at no cost; with the exception of paying the General Contractor the required Preconstruction Services Fee, to the County. If the independent estimate displays that the GMP appropriately exceeds the project budget by more than five percent (5%), then the Professional shall revise the plans to allow the GMP to be within project budget. 2.8.2 The Owner may, at its sole discretion and based upon its sole judgment: (i) indicate its acceptance of a GMP proposal; (ii) reject a GMP proposal; (iii) terminate the Project; or (iv) proceed to construct the Project using a party or parties other than the Construction Manager. 2.8.3 If the Owner rejects a GMP proposal within budget, neither party shall have any further obligation pursuant to this Contract for Construction Management, except the duty to pay for preconstruction services and Work done on other phases for which a GMP has been set. 2.8.4 If the Owner accepts the GMP the GMP provided by the Construction Manager pursuant to Paragraph 2.7.4 above shall be inserted into Appendix “M”. The deliverables described in this Article 2 shall be incorporated into Appendix “M” as follows. (i) Exhibit “1” to Appendix “M” shall consist of the Drawings, Specifications and addenda provided by the Professional upon which the Construction Manager based the GMP. (ii) Exhibit “2” to Appendix “M” shall consist of the Construction Schedule provided by the Construction Manager pursuant to Paragraph 2.6 above. (iii) Exhibit “3” to Appendix “M” shall consist of the Construction Manager’s Construction Project Team provided by the Construction Manager pursuant to Paragraph 2.7.5.11 above. (iv) Exhibit “4” to Appendix “M” shall consist of the Schedule of Values provided by the Construction Manager pursuant to Paragraph 2.7.5.5 above. (v) Exhibit “5” to Appendix “M” shall consist of the Schedule of Unit Prices provided by the Construction Manager pursuant to Paragraph 2.7.5.5 above. (vi) Exhibit “6” to Appendix “M” shall consist of the Construction Manager's Subcontractors and Suppliers Chart provided by the Construction Manager pursuant to Paragraph 2.7.5.10 above. (vii) Exhibit 7 to Appendix “M” shall consist of the Qualifications and Assumptions as required by Paragraph 2.7.5.6 above. 2.8.5 If the Owner accepts the GMP, the Construction Manager shall execute Appendix “M” inclusive of the incorporation of the deliverables as described above. The Construction Manager agrees that there is sufficient consideration in the Agreement for the Construction Manager’s obligation to execute Appendix “M” as provided herein. 2.8.6 The Owner’s determination of whether or not to accept the Construction Manager’s deliverables hereunder and whether or not to execute Appendix “M” is in the sole, absolute and exclusive discretion of the Owner. In determining whether or not to accept the Construction Manager’s Guaranteed Maximum Price or other terms of Appendix “M”, and whether or not to execute Appendix “M”, the Owner may consider any and all criteria, which, in its sole, absolute and exclusive discretion, it undertakes to consider. The deliverables produced pursuant to Article 2 hereof are the property of the Owner and can be used by the Owner for any purpose, including, without limitation, the incorporation of the same into future bidding or proposal documents for the Project. Nothing herein shall be construed to create any obligation upon Owner with respect to the future of the Project or the use of any documents or plans developed for the Project. Any such decisions, including, without limitation, any decision to construct or not construct the proposed Project, to bid or negotiate the Project in any particular manner, to engage or not engage the Construction Manager in any capacity with respect to the construction of the Project shall be in Owner's sole, absolute and exclusive discretion. 2.8.7 The Owner shall thereafter issue a written notice to the Construction Manager (“Notice To Proceed”) establishing the date construction is to commence (the “Commencement Date”). The Construction Manager shall not expend any monies for construction prior to receipt of such Notice to Proceed without the written approval of the Owner.