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§ 6.1.6 Liquidated damages, if any: <br />(Insert terms and conditions for liquidated damages, if any.) <br />§ 6.1.7 Other: <br />(Insert provisions for bonus, cost savings or other incentives, if any, that might result in a change to the Contract Sum.) <br />§ 6.2 Guaranteed Maximum Price <br />The Construction Manager guarantees that the Contract Sum shall not exceed the Guaranteed MaximumPriceset forth <br />in the Guaranteed Maximum Price Amendment, subject to additions and deductions by Change Order as provided in the <br />Contract Documents. Costs which would cause the Guaranteed Maximum Price to be exceeded shall be paid by the <br />Construction Manager without reimbursement by the Owner. To the extent the total cost of construction is less than the <br />GMP, the Owner shall receive 100% of all such savings. The GMP will be established at the time of contract award. <br />Exhibit A to this Contract will be issued at the time of establishing the GMP. Reimbursement of reimbursable expenses <br />shall be per Exhibit , Fee Summary. Exhibit A and the GMP shall be further modified when bids are awarded for <br />Phase II of the Project — Fire Station 3. Construction Manager shall present an amended GMP to Omer after <br />Construction Manager has evaluated the Fire Station 3 bids and the total GMP for the combined Phases I and II and <br />present it to the Owner's Council for approval at that time. <br />§ 6.3 Changes in the Work <br />§ 6.3.1 The Owner may, without invalidating the Contract, order changes in the Work within the general scope of the <br />Contract consisting of additions, deletions or other revisions. The Owner shall issue such changes in writing. The <br />Construction Manager may be entitled to an equitable adjustment in the Contract Time as a result of changes in the <br />Work. <br />§ 6.3.1.1 The Architect may order minor changes in the Work as provided in Article 7 of AIA Document A201-2017, <br />General Conditions of the Contract for Construction. <br />§ 6.3.2 Adjustments to the Guaranteed Maximum Price on account of changes in the Work subsequent to the execution <br />of the Guaranteed Maximum Price Amendment may be determined by any of the methods listed in Article 7 of AIA <br />Document A201-2017, General Conditions of the Contract for Construction. <br />§ 6.3.3 Adjustments to subcontracts awarded on the basis of a stipulated sum shall be determined in accordance with <br />Article 7 of A201-2017, as they refer to "cost" and "fee," and not by Articles 6 and 7 of this Agreement. Adjustments to <br />subcontracts awarded with the Owner's prior written consent on the basis of cost plus a fee shall be calculated in <br />accordance with the terms of those subcontracts. <br />§ 6.3.4 In calculating adjustments to the Guaranteed Maximum Price, the terms "cost" and "costs" asnsed in Article 7 <br />of AIA Document A201-2017 shall mean the Cost of the Work as defined in Article 7 of this Agreement and the term <br />"fee" shall mean the Construction Manager's Fee as defined in Section 6.1.2 of this Agreement. <br />§ 6.3.5 If no specific provision is made in Section 6.1.3 for adjustment of the Construction Manager's Fee in the case of <br />changes in the Work, or if the extent of such changes is such, in the aggregate, that application of the adjustment <br />provisions of Section 6.1.3 will cause substantial inequity to the Owner or Construction Manager, the Construction <br />Manager's Fee shall be equitably adjusted on the same basis that was used to establish the Fee, for the original Work, <br />and the Guaranteed Maximum Price shall be adjusted accordingly. <br />ARTICLE 7 COST OF THE WORK FOR CONSTRUCTION PHASE <br />§ 7.1 Costs to Be Reimbursed <br />§ 7.1.1 The term Cost of the Work shall mean costs necessarily incurred by the Construction Manager in the proper <br />performance of the Work. The Cost of the Work shall include only the items set forth in Sections 7.1 through 7.7. <br />§ 7.1.2 Where, pursuant to the Contract Documents, any cost is subject to the Owner's prior approval, the Construction <br />Manager shall obtain such approval in writing prior to incurring the cost. <br />AIA Do—ent A133' - 2019. Copyright © 1991, 2003, 2009, and 2019 by The American Institute of Architects. All rights reserved. The <br />"AmC+rt car it stn at' of 1ich to ts,' `AIA,' the AIA Logo, and `AIA Contract Docin-rit are registered tr dema ks and may not b ased �� <br />without �� rm Ls,ion. This draft was produced by AIA software at 13:58:42 ET on 06/29/2020 under Order No.2067434383 which expires on <br />04/02/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms <br />of Service. To report copyright violations, e-mail copyright@aia.org. <br />User Notes: (1834312825) <br />