Agenda - 01-15-2008-4y1 - Laserfiche WebLink

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modification only as defined in this Agreement and as otherwise provided in the Agreement of Intent. 7.1.1 Guaranteed Maximum Price Proposal [Not used] 7.1.2 Consideration of Proposal [Not used] 7.1.3 Construction Contracts Construction contracts for the Work required for the Project shall be between the CM and Contractors. The CM shall request and receive bids for each contract and shall advise the Owner with respect to award of a contract to the lowest responsive and responsible bidder. The CM shall enter into a contract with that bidder after receipt of approval of award from the Owner. 7.1.4 Work by CM All of the labor and materials for the Work of the Project as described in the Drawings and Specifications developed by the Designer shall be performed by Contractors, except as specifically provided in this paragraph. The CM may perform a portion of the Work only if (1) bidding produces no responsible, responsive bidder for that portion of the Work, no responsive, responsible bidder will execute a contract for the bid portion of the Work, or a Contractor defaults and a pre-qualified replacement cannot be obtained in a timely manner, and (2) the Owner approves performance of the Work by the CM, which approval shall not be unreasonably withheld. In the event the CM performs a portion of the Work under this paragraph, the CM shall be compensated as if it were a replacement Contractor and provided the CM's substituted construction services do not cause the Project cost to the Ownerto exceed the Guaranteed Maximum Price. 7.1.5 Elements of the Guaranteed Maximum Price The Guaranteed Maximum Price shall include the total Cost of the Work, including the CM Fee for Services, the reimbursable costs for General Conditions provided by the CM, if any, and the CM Contingency, if any, all as defined herein. The Guaranteed Maximum Price includes the cost of all labor. equipment, supplies, materials, services and allowances to complete the Project. The Guaranteed Maximum Price shall be directly correlated to the specific design Drawings and Specifications in existence at the time the Guaranteed Maximum Price is prepared. The assumptions used in the preparation of the Guaranteed Maximum Price shall be identified by the CM in its Guaranteed Maximum Price proposal. 7.1.6 Sales and Use Taxes The Guaranteed Maximum Price includes those sales and use taxes applicable to the Project that are legally enacted at the time the Guaranteed Maximum Price is established. The CM shall require each Contractor to account for all sales and use taxes incurred as a condition to such Contractor's receiving final payment. Each such Contractor shall be required to maintain a ledger for sales and use taxes paid in the Project and hard copies of all applicable invoices. Any increase or decrease in the tax rate of such taxes that affect the Guaranteed Maximum Price and that are enacted after the Guaranteed Maximum Price is established shall be incorporated into that price by change order. 7.1.7 Change in Scope The Owner may change the scope of the Project or a part thereof and the Guaranteed Maximum Price shall then be adjusted as provided in Paragraph 7.3. 7.2 Gost of the Work [Not used] 7.2.1 Exclusions from Cost of the Work The Cost of the Work shall not include the following: 7.2.1.1 [Not used] 7.2.1.2 [Not used] 7.2.1.3 [Not used] 7.2.1.4 [Not used] 7.3 Adjustments to the Guaranteed Maximum Price The CM understands, confirms and agrees that its responsibility hereunder is to construct the Project in accordance with the Drawings and Specifications. It is recognized that the Guaranteed Maximum Price is based on complete design documents unless the Owner requests that the Guaranteed Maximum Price be fixed at an earlier stage in the design process, in which case the Guaranteed Maximum Price includes allowances. The CM shall notify the Owner if the CM believes that it is being asked to fix the Guaranteed 20