incurred by the Owner shall be less than the sum which would have been payable under
the contract, if it had been completed by said Construction Manager at Risk, then the said
Construction Manager at Risk and surety shall be entitled to receive the difference, but in
case such expense shall exceed the sum which would have been payable under the
contract, then the Construction Manager at Risk and the surety shall be liable and shall
pay to the Owner the amount of said excess.
5.
It is further mutually agreed between the parties hereto that if at any time after the
execution of this agreement and the surety bonds hereto attached for its faithful
performance, the Owner shall deem the surety or sureties upon such bonds to be
unsatisfactory, or if, for any reason, such bonds cease to be adequate to cover the
performance of the work, the Construction Manager at Risk shall, at its expense, within
five (5) days after the receipt of notice from the Owner so to do, furnish an additional
bond or bonds in such form and amount, and with such surety or sureties as shall be
satisfactory to the Owner. In such event no further payment to the Construction Manager
at Risk shall be deemed to be due under this agreement until such new or additional
security for the faithful performance of the work shall be furnished in manner and form
satisfactory to the Owner.
6.
Fixed Guaranteed Maximum Price
Cost of the Work
$
Construction Management Fee
$
Construction Manager’s Bonds and Insurance
$
Construction Manager’s Construction Contingency
$ _______________
Total Fixed Guaranteed Maximum Price
$