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this Agreement, and the term " and a reasonable allowance for overhead and profit" shall mean the Construction Manager' s Fee as defined in Section 5 . 1 . 1 of this Agreement. § 5.3 .4 if no specifie provision is made in Seetion 5 . 1 . 1 for- adjustment of the Construefien Managef- ' s Fee in the case of ehanges in the Wer-k, or- if the e*tent ef sueh ehanges is sueh, in the aggregate, that appheation of the adjustment A of See6efi 5 . 1 . 1 .1h rill elaffl.l .se subst.antial inequity to the Owner- of Constmetion Manager-, the Constmetion Managef' s Fee sha4l be equillably adjusted oft the basis of the Fee established for- the or-igin.al Aleff1c . ARTICLE 6 COST OF THE WORK FOR CONSTRUCTION PHASE § 6. 1 COSTS TO BE REIMBURSED § 6. 1 . 1 The term " Cost of the Work" shall mean costs necessarily incurred by the Construction Manager in the proper performance of the Work. Such costs shall be at rates not higher than those customarily paid at the place of the Project except with prior written consent of the Owner. The Cost of the Work shall include only the items set forth in this Article 6 . § 6 . 1 .2 LABOR COSTS .1 Wages of construction workers directly employed by the Construction Manager to perform the construction of the Work at the site or, with the Owner ' s written agreement, at off-site workshops . .2 Wages or salaries of the Construction Manager' s supervisory and administrative personnel when stationed at the site with the Owner' s written agreement . Classification Name Senior Project Manager Greg Hayes Project Manager Will Sumner Assistant Project Manager Jim Cummins (If it is intended that the wages or salaries of certain personnel stationed at the Construction Manager 's principal office or offices other than the site office shall be included in the Cost of the Work, such personnel shall be identified below. ) .3 Wages and salaries of the Construction Manager' s supervisory or administrative personnel engaged, at factories , workshops or on the road , in expediting the production or transportation of materials or equipment required for the Work, but only for that portion of their time required for the Work. .4 Costs paid or incurred by the Construction Manager for taxes, insurance, contributions, assessments and benefits required by law or collective bargaining agreements, and, for personnel not covered by such agreements, eustemafy benefits . ueh as sick leave, medical and health benefits, holidays, vacations and pensions, provided that such costs are based on wages and salaries included in the Cost of the Work under Sections 6 . 1 . 2 . 1 through 6 . 1 . 2 . 3 . § 6.1 . 3 SUBCONTRACT COSTS Payments made by the Construction Manager to Subcontractors in accordance with the requirements of the subcontracts . § 6. 1 .4 COSTS OF MATERIALS AND EQUIPMENT INCORPORATED IN THE COMPLETED CONSTRUCTION . 1 Costs, including transportation, of materials and equipment incorporated or to be incorporated in the completed construction . .2 Costs of materials described in the preceding Section 6 . 1 . 4. 1 in excess of those actually installed but required to provide reasonable allowance for waste and for spoilage. Unused excess materials , if any, shall be handed over to the Owner at the completion of the Work or, at the Owner' s option, shall be sold by the Construction Manager ; amounts realized , if any, from such sales shall be credited to the Owner as a deduction from the Cost of the Work. § 6.1 . 5 COSTS OF OTHER MATERIALS AND EQUIPMENT, TEMPORARY FACILITIES AND RELATED ITEMS . 1 Costs, including transportation, installation, maintenance, dismantling and removal of materials, supplies, temporary facilities, machinery, equipment, and hand tools not customarily owned by the construction workers , which are provided by the Construction Manager at the site and fully consumed in the performance of the Work; and cost less salvage value on such items if not fully consumed , whether sold to others or retained by the Construction Manager. Cost for items previously used by the Construction Manager shall mean fair market value. AIA Document A121 TmCMc - 2003 and AGC Document 565. Copyright ® 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. 3 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 17 :00:26 on 05/25/2005 under Order No. 1000126313_1 which expires on 6/29/2005, and is not for resale. User Notes : (3163795107)