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<br />B. CaD on Construction Manal!ement Fee and General Conditions. In no event shall <br />the total Construction Management Fee proposed, when added to the General Condition costs <br />reimbursement for each Phase, exceed 15.52 (15.52%) percent of the labor, material and equipment <br />to be paid to third party subcontractors for the construction of the Project. <br /> <br />C. general Condition Costs. Using the categories of Project Cost Elements shown <br />upon Exhibit 1, incorporated herein by reference, the CM shall be reimbursed for its General <br />Condition costs as are agreed to by the Owner and as are shown upon the General Condition Cost <br />Reimbursement document submitted as a part of the proposed Guaranteed Maximum Price for each <br />Phase of the Work, subject to the limitation contained in Article 8B immediately above. The <br />proposed General Condition costs submitted with the proposed Guaranteed Maximum Price for each <br />Phase shall contain line item categories with an estimated dollar amount of the costs for each such <br />category in accordance with the categories set forth on the Project Cost Elements attached as Exhibit <br />1. Expenditures in excess of category totals may be made only after the CM has certified to the <br />Owner that identified funds in other categories are in excess of actual needs. General Condition costs <br />will be reimbursed without any Construction Management Fee. To the extent that the estimated <br />General Condition costs actually reimbursed are less than the total of all line item categories, a credit <br />will be given to the Owner. <br /> <br />D. Chanl!e Orders Aft'ectinl! Guaranteed Maximum Price: General Condition <br />Costs: Time Extension. Requested change orders to the Work of the Project will be reviewed on an <br />individual change order basis. The Architect shall determine whether it is the Owner who has made <br />the request for change. In those instances in which the Architect determines that the change is an <br />Owner-requested one, then and in such event the Architect shall determine the extent to which, if any, <br />the change reasonably causes an increase in the General Condition cost and/or an extension of the <br />contract completion date. Absent extraordinary circumstances, the Construction Manager at Risk <br />should not expect that any change order other than those requested by the Owner will allow for an <br />increase of the General Condition cost. <br /> <br />E, Retainal!e on Construction Manal!er at Risk Fee. Owner shall withhold five (5%) <br />percent of the Construction Manager at Risk Fee asretainage to be paid to the Construction Manager <br />no later than seven (7) days following the date of the close-out for each Phase, <br /> <br />F. Pavments to Subcontractors. The Owner shall pay/reimburse the Construction <br />Manager at Risk for payments made to subcontractors in accordance with the requirements of the <br />subcontracts. And except as provided in the Contract Documents, the Owner shall not pay nor <br />reimburse the CM for any additional costs or expenses incurred in performance of the subcontractors <br />under the Contract Documents. <br /> <br />G. Financial Manal!ement. The Construction Manager at Risk shall keep full and <br />detailed accounts and exercise such controls as may be necessary for proper financial management <br />under the Contract Documents; the accounting and control systems shall be satisfactory to the Owner. <br />The Owner and Owner's accountants shall be afforded access to the Construction Manager at Risk's <br /> <br />EE:00049951. <br /> <br />-14- <br /> <br />F~.4. <br />