Agenda - 01-15-2008-4y4 - Laserfiche WebLink

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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 GM pertorms a portion of the Work under this paragraph, the CM shall be °^*~+'°^' +^ ~+° °^+„°' .~;r°^+ ^^^++^ °ra..r.., +h° inr..r~ ^^i„~1~^...+.r°^+ i., l,..r ....~+~ ,., ~+h r .shl° n•:II ^ni.r h° n:.-I if n •°rl Fwr +h° ll..rn °r n.-h.nn n° ..f ^°rt^r^^;^^ *+.°'nr^rl, compensated as if it were a replacement Contractor and provided the GM's substituted construction services do not cause the Project cost to the Owner to 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 shahincludes those sales and use taxes applicable to the Project that are legally enacted at the time the Guaranteed Maximum Price is established. Sales 2RE~QSe +~..°6 gh.~u +,° ..+°.+ a..r ~~~++,+h° (_',.nrn nf°°rV M1Anvi m,.m ~ri^° nn.-I i +h° n °n+ nli^.~+i..n . The CM shall require each Contractor to account far all sales and use taxes incurred as a condition to such Contractar's receiving final aavment. 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 sask~-the taxesrate of such taxes that affect the Guaranteed Maximum Price and that are enacted after the Guaranteed Maximum Price is sat3a~itted 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 Gost 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 Maximum Price on incomplete, ambiguous or under-developed drawings and specifications. In those instances in which the Drawings and Specifications are not fully developed at the time the Guaranteed Maximum Price is established, the GM shall exercise reasonable care and judgment to determine the intent of the design and shall calculate the Guaranteed Maximum Price on the basis of the quality of construction, materials, and finishes that can be reasonably inferred from the design documents or other specified sources. The CM shall determine unit prices and the Cost of the Work and shall make those reasonable assumptions regardjng the project scope and the quality of the intended construction as may be necessary to fully document the Guaranteed Maximum Price. 7.3.1 Changes to the Work The Owner may, at any time and for any reason, by written notice or order, make changes or modifcations to the Work or add Work within the general scope of the Project, including 21