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this Agreement, and the term " and a reasonable allowance for overhead and profit" shall mean the Construction
<br /> Manager' s Fee as defined in Section 5 . 1 . 1 of this Agreement.
<br /> § 5.3.4 ' M. the case
<br /> ef changes in the Work, or- if the extent of such ehanges is such, in the aggregate, that applieatien of the a Ijustment
<br /> pfavisions of Seetieft 5 . 1 . 1 YAill eause substantial inequity te the Ownef- or- Gens"etien Manager-, the Ce stmetion
<br /> Manager-' s Fee shall be equitably adjusted on the basis of the Fee established fer the er-iginal Wefk.
<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 written consent of the Owner. The Cost of the Work shall include only the items set forth
<br /> in this Article 6.
<br /> § 6.1 .2 LABOR COSTS
<br /> .1 ' Wages of construction workers directly employed by the Construction Manager to perform the
<br /> construction of the Work at the site or, with the Owner' s written agreement, at off-site workshops.
<br /> .2 Wages or salaries of the Construction Manager' s supervisory and administrative personnel when
<br /> stationed at the site with the Owner' s written agreement.
<br /> Classification Name
<br /> (If it is intended that the wages or salaries of certain personnel stationed at the Constructic n
<br /> Manager 's principal office or offices other than the site office shall be included in the Cost of the
<br /> Work, such personnel shall be identified below. )
<br /> 3 Wages and salaries of the Construction Manager' s supervisory or administrative personnel Drigaged,
<br /> at factories, workshops or on the road, in expediting the production or transportation of ma erials or
<br /> equipment required for the Work, but only for that portion of their time required for the W rk.
<br /> .4 Costs paid or incurred by the Construction Manager for taxes, insurance, contributions, assessments
<br /> and benefits required by law or collective bargaining agreements, and, for personnel not covered by
<br /> such agreements, sick leave, medical and health benefits, holidays,
<br /> vacations and pensions, provided that such costs are based on wages and salaries included i a the Cost
<br /> of the Work under Sections 6 . 1 .2 . 1 through 6 . 1 .2.3 .
<br /> § 6.1 .3 SUBCONTRACT' COSTS
<br /> Payments made by the Construction' Manager to Subcontractors in accordance with the requirements of this
<br /> subcontracts .
<br /> § 6.1 .4 COSTS OF MATERIALS AND EQUIPMENT INCORPORATED IN THE COMPLETED CONSTRUCTION
<br /> .1 Costs, including : transportation, of materials and equipment incorporated or to be incorporal ed in the
<br /> completed construction.
<br /> .2 Costs of material11 s described in the preceding Section 6. 1 .4. 1 in excess of those actually installed but
<br /> required to provide reasonable allowance for waste and for spoilage. Unused excess materials, if any,
<br /> shall be handed over to the Owner at the completion of the Work or, at the Owner' s option, shall be
<br /> sold by the Construction Manager; amounts realized, if any, from such sales shall be credit d to the
<br /> Owner as a deduction from the Cost of the Work.
<br /> § 6.1 :5 COSTS OF OTHER MATERIALS AND EQUIPMENT, TEMPORARY FACILITIES AND RELATED ITEMS
<br /> .1 Costs, including transportation, installation, maintenance, dismantling and removal of mate ials,
<br /> supplies, temporary facilities, machinery, equipment, and hand tools not customarily owne by the
<br /> construction workers, which are provided by the Construction Manager at the site and fully consumed
<br /> in the performance of the Work; and cost less salvage value on such items if not fully const med,
<br /> whether sold to others or retained by the Construction Manager. Cost for items previously used by the
<br /> Construction Manager shall mean fair market value.
<br /> .2 Rental charges for temporary facilities, machinery, equipment and hand tools not customarily owned
<br /> by the construction workers, which are provided by the Construction Manager at the site, whether
<br /> AIA Document A121 TMCMc — 2003 and AGC Document 565. Copyright ® 1991 and 2003 by The American Institute of Architects and The Associated
<br /> General Contractors of America. All rights reserved. WARNING: This document Is protected by U.S. Copyright Law and International Treaties. 13
<br /> Unauthorized reproduction or distribution of this document, or any portion of It, may result in severe civil and criminal penalties and will be
<br /> prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 12 :50:12 on 04/19/2005 under Order
<br /> No. 1000126313_1 which expires on 6/29/2005, and is not for resale.
<br /> (1413727908)
<br /> User Notes:
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