J-1 - Miron Contract - Recreation Center - A133

§ 5.1.2.1 Hourly billing rates for Preconstruction Phase services include all costs to be paid or incurred by the Construction Manager, as required by law or collective bargaining agreements, for taxes, insurance, contributions, assessments and benefits and, for personnel not covered by collective bargaining agreements, customary benefits such as sick leave, medical and health benefits, holidays, vacations and pensions, and shall remain unchanged unless the parties execute a Modification. § 5.1.3 If the Preconstruction Phase services covered by this Agreement have not been completed within «twelve» («12») months of the date of this Agreement, through no fault of the Construction Manager, the Construction Manager’s compensation for Preconstruction Phase services shall be equitably adjusted. § 5.2 Payments § 5.2.1 Unless otherwise agreed, payments for services shall be made monthly in proportion to services performed. § 5.2.2 Payments are due and payable upon presentation of the Construction Manager’s invoice. Amounts unpaid «thirty» ( «00» ) days after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Construction Manager. (Insert rate of monthly or annual interest agreed upon.) «0» % «per annum » ARTICLE 6 COMPENSATION FOR CONSTRUCTION PHASE SERVICES § 6.1 Contract Sum § 6.1.1 The Owner shall pay the Construction Manager the Contract Sum in current funds for the Construction Manager’s performance of the Contract after execution of the Guaranteed Maximum Price Amendment. The Contract Sum is the Cost of the Work as defined in Article 7 plus the Construction Manager’s Fee. § 6.1.2 The Construction Manager’s Fee: (State a lump sum, percentage of Cost of the Work or other provision for determining the Construction Manager’s Fee.) «Construction Manager’s Fee shall be equal to 4.20% of the Cost of the Work. Construction Manager’s Fee includes General Liability Insurance, Builders Risk Insurance, and Bond. » The Construction Manager will be compensated for the General Conditions/Staffing items, which include mobilization, project management, project superintendent, vehicles/fuel, office trailers/supplies, telephones, computers/software, and office support activities for a lump sum value of $31,446 per month. Excluded from this amount (and billable at cost) are General Requirements such as dumpsters, dust control, temporary heat, power, lighting, water, construction equipment, storm water pollution prevention controls, and temporary roads, laydown, and site fencing. § 6.1.3 The method of adjustment of the Construction Manager’s Fee for changes in the Work: «All additive changes to the Project shall be equal to 4.20% of the Cost of the Work. » § 6.1.4 Limitations, if any, on a Subcontractor’s overhead and profit for increases in the cost of its portion of the Work: «Subcontractor’s overhead and profit shall not exceed 10%. » § 6.1.5 Rental rates for Construction Manager-owned equipment shall not exceed the standard rental rate paid at the place of the Project. § 6.1.6 Intentionally Deleted § 6.1.7 Intentionally Deleted AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 10:57:51 ET on 09/18/2024 under Order No.4104244063 which expires on 01/20/2025, is not for resale, is licensed for 11 one-time use only, and may only be used in accordance with the AIA Contract Documents ® Terms of Service. To report copyright violations, e- mail [email protected]. User Notes: (3B9ADA45)