AG 2009 07 20 - Laserfiche WebLink

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difficult to calculate and the parties agree that the sum of $1,000.00 per day is a reasonable estimate for the actual damages which Owner will sustain on account of the late delivery. O. For_ ce Maieure - In the event of a terrorist attack, war, fire, flood, labor dispute or similar event such that performance of CM is impossible, such performance on the part of CM is excused during such time as the events creating the impossibility of performance are reasonably remedied. ARTICLE 8 -COMPENSATION FOR PRE- ONSTRUCTION Compensation and Payment for Pre-Construction Services -For the pre construction services herein described, the Construction Manager at Risk shall be paid a lump sum fee of $49,200.00. ARTICLE 9 -COMPENSATION FOR ONSTRU TION A. Compensation for Construction Services -Subject to the limitations contained in Paragraph C immediately below, for the Construction Manager at Risk's construction services, the Owner shall pay the Construction Manager at Risk, in current funds, a Construction Management Fee based upon the Cost of the Work. No CM Fee shall be paid on any portion of the General Condition costs reimbursement, the Contingency nor on the Construction Management Fee itself. B. General Condition Costs -Using the categories of Project Cost Elements shown in Exhibit 1, incorporated herein by reference, the CM shall be reimbursed for its General Conditions Costs as are agreed to by the Owner and as are shown upon the General Conditions Cost Reimbursement document submitted as a part of the proposed Guaranteed maximum Price for the Work, subject to the limitation contained in Paragraph C below. The proposed General Condition costs submitted with the proposed Guaranteed Maximum Price shall contain line item categories with an estimated dollar amount of the costs for each such category in accordance with the categories set forth on the Project Cost Elements attached as Exhibit 1. Expenditures in excess of category totals maybe made only after the CM has certified to the Owner that indentified funds in other categories are in excess of actual needs. General Conditions Costs will be reimbursed without any Construction Management Fee. To the extent that the estimated General Conditions Cost actually reimbursed are less than the total of all line item categories, a credit will be given to the Owner. C. Can on Construction Management Fee and General Condition Costs - In no event shall the total Construction Management Fee, when added to the General Condition Costs reimbursement, exceed 15.5 (15.5%) percent of the Cost of the Work. D. Change Orders Affecting Guaranteed Maximum Price General Condition Costs and Time Extension -Requested Change Orders to the Work of the Project will be reviewed on an individual Change Order basis. The Architect shall determine whether it is the 14 F-4 Attachment number 1 Page 160 of 627