Agenda -11-06-2008 - 4p - Laserfiche WebLink

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design Drawings and Specifications in existence at the lime the Guaranteed Maximum Price Is prepared. The assumptions used in the preparation of the Guaranteed Maximum Price shall - be identified by the CMAR In Its Guaranteed Maximum Price proposal. 7.1.6 Sales and Use Taxes The Guaranteed Maximum Price shall include those safes and use taxes applicable to the Project that are legally enact ad 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 CMAR. 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 Scooe 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 The term "Cost of the Work` shall Include all amounts paid by the Owner to the CMAR other than General Conditions and Fixed Fee costs for payment to all separate Contractors, suppliers and equipment lessors for all the Work of the Project as described in the Design Drawings and Specifications developed by the Designer. The Cost of the Work shall be adjusted for all discounts obtained on payments by the CMAR or any Contractor, which shall be for the benefit of the Project and the Owner. Trade discounts, rebates, refunds, and amounts received from sales of surplus or salvaged materials and equipment shall accrue to the Owner, and the CMAR shall make provisions so they can be secured and will reduce the Guaranteed Maximum Price accordingly. Amounts which accrue to the Owner In accordance with this paragraph shall be accounted for and credited to the Owner as a deduction from the Cost of the Work. 7.2.1 Exclusions from Cost of the Work The Cost of the Work shall not Include the following: 7.2.1.1 The CMAR's fee for Services and reimbursable costs for General Conditions; 7.2.1.2 Ali professional fees paid by the Owner to the Designer or other consultants retained directly by the Owner, 7.2.1.3 All costs paid directly by the Owner to contractors or suppliers retained.dlrectly by the Owner and outside the scope of the Guaranteed Maximum Price; 721.4 All Additional Services costs as defined herein. 7.3 Adjustments aximu ce The CMAR 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. The CMAR shall notify the Owner If the CMAR 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 CMAR 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 CMAR shall determine unit pries and the Cost of the Work and shall make those reasonable assumptions regarding the project scope and the quality of the intended construction as may be necessary to fully document the Guaranteed Maximum Price. 7.3.1 Chances to the Work The Owner may, at any time and for any reason, by written notice or order, make changes or modifications to the Work or add Work within the general scope of the Project, Including without limitation changes to the Drawings and Specifications, the Master Schedule, the sequence, manner or method of performing the Work, or the work being provided by the Owner or its separate contractors. The amount of adjustment to increase or decrease the Cost of the Work resulting from a change In the Project shall be determined in one or more of the following ways: -