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Project. <br />$ 6,500.00 <br />§ 4.1.2 Compensation for Preconstruction Phase Services shall be equitably adjusted if such services extend beyond <br />( 30 ) days from the date of this Agreement or if the originally contemplated scope of services is significantly <br />modified. <br />§ 4.2.2 Payments are due and payable Thirty( 30 ) days from the date the Construction Manager's invoice is <br />received by the Owner. Amounts unpaid after the date on which payment is due shall bear interest at the rate entered <br />below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is <br />located. <br />per annum <br />Fixed Fee of 5.5 % of the cost of the work. <br />PAGE 11 <br />§ 5.1.1 For the Construction Manager's performance of the Work as dese.a.ea in See4en2.�, ,the Owner shall pay <br />the Construction Manager in current funds and subject to the Guaranteed Maximum Price the Contract Sum <br />consisting of the Cost of the Work as defined in Article H 6, the expended portion of the Construction Contin ency <br />as defined in Section 2.2.2, and the Construction Manager's Fee determined as follows: As adjusted by any <br />approved Change Order Notwithstanding the foregoing changes in the Scope of the Work and change orders may <br />be permitted only in accordance with the provisions of the Contract No Construction Manager fee shall be paid on <br />the Construction Manager's Contingency or the Owner's Contingency until funds are allocated from those <br />contingencies to the Cost of the Work All reimbursement for profit; indirect costs,• all telephone bills for all <br />personnel; all facsimile charges,• home office personnel and benefits assigned to the Project,• home office overhead <br />and expenses; home office personnel relocation; all home office accounting audit legal and data processing fees <br />and expenses: and all travel, meals and lodging shall be deemed to be included in the Construction Manager's fee <br />For Owner's approved changes in the Scope of the Work resulting in an increase or decrease in each Guaranteed <br />Maximum Price, the Construction Manager shall receive and increase or decrease in fee <br />General Condition Cost and Reimbursed items as submitted to City in " step 2" Proposal <br />§ 5.2.1 The sufn of the Cest of the Wer4 Guaranteed Maximum Price for the Project shall be added to this <br />Agreement by the execution of Amendment No l as approved by Owner's City Council which Amendment No 1 <br />shall thereafter be incgMorated into this Agreement for all purposes The sum of the Cost of the Work, General <br />Conditions of the Contract, and the Construction Manager's Fee are guaranteed by the Construction Manager not to <br />exceed the amount provided in Amendment No. 1 ("Guaranteed Maximum <br />Price"), as approved by Owner's City Council subject to any additions and deductions approved by Owner's City_ <br />Council, due to Owner's City Council -approved changes in the Work as provided in the Contract Doetiments. <br />documents. Such maximum sum as adjusted by approved changes in the Work is referred to in the Contract <br />Documents as the Guaranteed Maximum Price. Costs which would cause the Guaranteed Maximum Price to be <br />exceeded shall be paid by the Construction Manager without reimbursement 1��y the^wn,e-r- <br />Additions and Deletions Report for AIA Document A121 TmCMc — 2003 and AGC Document 565. Copyright © 1991 and 2003 by The American Institute of <br />Architects and The Associated General Contractors of America. All rights reserved. WARNING: This document is protected by U.S. Copyright Law and <br />International Treaties. Unauthorized reproduction or distribution of this document, or any portion of it, may result in severe civil and criminal <br />penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:02:34 on 12/01 /2008 <br />under Order No.1000375455_1 which expires on 10/20/2009, and is not for resale. <br />User Notes: <br />(4283007293) <br />