Agenda - 06-26-2007-4dd - Laserfiche WebLink

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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 GM may pertorm 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 pertormance of the Work by the CM. In the event the GM performs a portion of the Work under this paragraph, the CM shall be entitled to its actual direct cost to pertorm the Work, including direct labor costs with reasonable burden, actual material costs, actual equipment costs, and actual subcontract payments, without markup for overhead or profit. Any other direct costs of the Work pertormed by the CM will only be paid if approved by the Owner in advance of pertorming the Work. 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 shall include those sales and use taxes applicable to the Project that are legally enacted at the time the Guaranteed Maximum Price is established. Sales and use taxes shall be accounted for separately in the Guaranteed Maximum Price and in the payment application submitted by the CM. Any increase or decrease in such taxes that affect the Guaranteed Maximum Price and that are enacted after the Guaranteed Maximum Price is submitted 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 Cost 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 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 CM 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 20