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<br />The Owner shall compensate the Construction Manager for Construction Phase services as follows: <br /> <br />~ 5.1 COMPENSATION <br />~ 5.1.1 For the Construction Manager's performance of the Work as described in Section 2.3, the Owner shall pay the <br />Construction Manager in current funds the Contract Sum consisting of the Cost of the Work as defined in Article 670 <br />and the Construction Manager's Fee determined as follows: <br /> <br />A lumn snm as shown iIltl1.e.9:l\IlP oronosal defined in Article 2.2.4 and amendIlle.lll.No. I dated. <br /> <br />(State a lump sum, percentage of actual Cost of the Work or other provision for determining the Construction <br />Manager's Fee, and explain how the Construction Manager's Fee is to be adjustedfor changes in the Work.) <br /> <br />~ 5.2 GUARANTEED MAXIMUM PRICE <br />~ 5.2.1 The sum of the Cost of the Work and the Construction Manager's Fee are guaranteed by the Construction <br />Manager not to exceed the amount provided in Amendment No.1, subject to additions and deductions by changes in <br />the Work as provided in the Contract Documents. Such maximum sum as adjusted by approved changes in the Work <br />is referred to in the Contract Documents as the Guaranteed Maximum Price. Costs which would cause the <br />Guaranteed Maximum Price to be exceeded shall be paid by the Construction Manager without reimbursement by <br />the Owner. <br /> <br />(/n:.:SYI :;ptf':j~C p':"() ','isions ~(thc Cens:'Plw:ien },J..anat;eris fO ps.r:icip3.~C h:; any .~'.x"i;}gs.) <br />100% of the savin.s that maybeJ:~.alize<l in the Cost ofthe WQrk accrue to the Owner <br /> <br />5..2.2 The Guaranteed Maximum Price is $ <br />e~_~cuted followin2" receint of Prime Contractor hids.. <br /> <br />as.~hown on Amendment No.1 to be detenrriIl~d and <br /> <br />~ 5.3 CHANGES IN THE WORK <br />~ 5.3.1 Adjustruents to the Guaranteed Maximum Price on account of changes in the Work subsequent to the <br />execution of Amendment No. 1 maybe determined by any ofthe methods listed in Section 7.3.3 of A201ThL1997. <br /> <br />~ 5.3.2 In calculating adjustments to Prime Contracts (except those awarded with the Owner's prior consent on the <br />basis of cost plus a fee), the terms "costn and "fee'1 as used in Section 7.3.3.3 of A20I Tl\L1997 and the terms llcostsll <br />and "a reasonable allowance for overhead and profit" as used in Section 7.3.6 of A201ThLI997 shall have the <br />meanings assigned to them in that document and shall not be modified by this Article 5. Adjustments to Prime <br />Contracts awarded with the Owner's prior consent on the basis of cost plus a fee shall be calculated in accordance <br />with the terms of those Prime Contracts. <br /> <br />~ 5.3.3 In calculating adjustments to the Contract, the terms "cost" and "costs" as used in the above-referenced <br />provisions of A201T"--1997 shall mean the Cost of the Work as defined in Article 6 of this Agreement, and the term <br />"and a reasonable allowance for overhead and profit" shall mean the Construction Manager's Fee as defined in <br />Section 5.1.1 of this Agreement. <br /> <br />~ 5.3.4 Ifno specific provision is made in Section 5.1.1 for adjustment ofthe Construction Manager's Fee in the case <br />of changes in the Work, or if the extent of such changes is such, in the aggregate, that application of the adjustruent <br />provisions of Section 5.1.1 will cause substantial inequity to the Owner or Construction Manager, the Construction <br />Manager's Fee shall be equitably adjusted on the basis of the Fee established for the original Work. <br /> <br />ARTICLE 6 COST OF THE WORK FOR CONSTRUCTION PHASE <br />~ 6.1 COSTS TO BE REIMBURSED <br />~ 6.1.1 The term "Cost of the Work" shall mean costs necessarily incurred by the Construction Manager in the proper <br />performance of the Work. Such costs shall be at rates not higher than those customarily paid at the place of the <br />Project except with prior consent of the Owner. The Cost of the Work shall include only the items set forth in this <br />Article -&-6. and ~:hall not be 8.l::'(3lie&tin~ Dr other C~)sts efthe \J/ork or cost; included in tl1e C13flstrnotioH A{ana;er'~; <br />Fee, anEl o!l.ll "at ."e.eEl ~50,000.00. <br /> <br />& 6.1.1.1 The C:onstlllction Manag~r.'.~_ Fee.~~1.I.Ilot be duolieative...Qf the Cost of Work an<ttl1e Cost of Work <br />oerforrned directlv bv the C:onstructio.n I\:1."-Il"-ll,,!shall not exeeed.Eiftv Thousand Dollars (l~.o,OOO.OOj,Ho'NeTIL <br />