2005-134a - Laserfiche WebLink

Home Browse Search

nonconforming er-k was not caused by the negligence or failure to fulfill a spWW^��W ^ W�r �A �bility to the Owner- set ement of the Genstructien Manager- er- the Construction M iagefis of the Genstfuetien Managef, or- the failure of the Censtfuetien Manager-' s personnel to sup i adequately the Work ef the Subeentmeterts or- suppliers, and only to the extent that the eest ef r-epai , suppliers . § 6. 1 .9 The costs described in Sections 6. 1 . 1 through 6. 1 .8 shall be included in the Cost of the Work notwi listanding any provision of AIA or ASTM 199:7 A201TM- 1997 , as modified, other Conditions of the Contract whit i may require the Construction Manager to pay such costs, unless such costs are excluded by the provisions of S ction 6.2. § 62 COSTS NOT TO BE REIMBURSED § 6.2.1 The Cost of the Work shall not include: A Salaries and other compensation of the Construction Manager' s personnel stationed at the Construction Manager' s principal office or offices other than the site office, except as specifically provided in Sections 6. 1 .2.2 and 6. 1 .2.3 . 11.2 . Expenses of theiConstruction Manager' s principal office and offices other than the site office, except as specificallyprovided in Section 6. 1 . ,3 Overhead and general expenses, except as may be expressly included in Section 6. 1 . .4 The Construction ;Manager' s capital expenses, including interest on the Construction Mana er' s capital employed for the Work. ,5 Rental costs of machinery and equipment, except as specifically provided in Section 6 . 1 .5 . . ,6osts due to the negligence of the Constructioi Manager or to the failure of the Construction MangeFMManager to fulfill a specific responsibility to tl a Owner set forth in this Agreement. .7 Costs incurred in the performance of Preconstruction Phase Services . ,8 Except as provided in Section 6. 1 .7 . 1 , any cost not specifically and expressly describrd in Section '6, 1 , .9 Costs which would cause the Guaranteed Maximum Price to be exceeded. § 6.3 DISCOUNTS, REBATES AND REFUNDS § 6.3. 1 Cash discounts ' and other cost savings available to the Construction Manager shall accrue to the Owner if ( 1 ) befere it3g the payfoent, the Genstfuefien Manager- ineluded them in an Application fbE Payin"t and Contractor has received payment therefor from the Owner during the ash discount period and in sufficient time for Contractor to obtain such discounts, or (2) the Owner has deposi led funds with the Construction Manager with which to make payments ; otherwise, cash discounts shall accrue to th Construction Manager. Trade discounts, rebates, refunds and amounts received from sales of surplus mate ' als and equipment shall accrue to the,. Owner, and the Construction Manager shall make provisions so that they call be secured. § 6.3.2 Amounts which accrue. to the Owner in accordance with the provisions of Section 6.3 . 1 shall be credited to the Owner as a deduction from the Cost of the Work. § 6.4 ACCOUNTING RECORDS § 6.4. 1 The Construction Manager shall keep full and detailed accounts and exercise such controls as may be necessary for proper financial management under this Contract; the accounting and control systems shall be satisfactory to the Owner. The Owner and the Owner' s accountants shall be afforded access to the Construction Manager' s records, books, correspondence, instructions, drawings, receipts, subcontracts, purchase orders vouchers, memoranda and other data relating to this Project, and the Construction Manager shall preserve these for a period of three years after final payment, or for such longer period as may be required by law. ARTICLE 7 CONSTRUCTION PHASE § 7.1 PROGRESS PAYMENTS § 7.1 . 1 Based upon Applications for Payment properly submitted to the Architect by the Construction Manager and Certificates for Payment issued by the Architect, the Owner shall make progress payments on account of the AIA Document A121 TMCMC — 2003 and AGC Document 565. Copyright m 1991 and 2003 by The American Institute of Architects and The Associated General Contractors of America. All rights reserved WARNING: This document Is protected by U.S. Copyright Law and International Treaties. 15 Unauthorized reproduction or distribution of this document' or any portion of it, may result in severe civil and criminal penalties and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 1250:12 on 04/19/2005 under Order No. 1000126313_1 which expires on 6/29/2005, and is not for resale. (1413727908) User Notes: t Ff