Init.
§ 4.2 Payments
§ 4.2.1 Unless otherwise agreed, payments for services shall be made monthly in proportion to services performed.
§ 4.2.2 Payments are due and payable within 30 days of the Construction Manager’s invoice.
(Paragraph Deleted)
ARTICLE 5 COMPENSATION FOR CONSTRUCTION PHASE SERVICES
§ 5.1 For the Construction Manager’s performance of the Work as described in Section 2.3, the Owner shall pay the
Construction Manager the Contract Sum in current funds. The Contract Sum is the Cost of the Work as defined in
Section 6.1.1 plus the Construction Manager’s Fee.
§ 5.1.1 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.)
The Construction Managers fee shall be 2.9% based on the costs of construction as defined in Article 6. The CM fee
shall be fixed as a lump sum at the establishment of the GMP.
§ 5.1.2 The method of adjustment of the Construction Manager’s Fee for changes in the Work:
The Construction Manager shall be entitled to a 2.9% percent fee on all Owner request changes resulting in an
increase to the GMP amount. No fee adjustment on Owner request changes which result in a deduct to the GMP
amount.
§ 5.1.3 Limitations, if any, on a Subcontractor’s overhead and profit for increases in the cost of its portion of the
Work:
Compensation for additional services of the Construction Manager’s subcontractors and / or vendors shall be in the
amount invoiced to the Construction Manger plus 10% percent for overhead and 5% percent for fee.
§ 5.1.4 Rental rates for Construction Manager-owned equipment shall not exceed five percent (5 %) of the standard
rate paid at the place of the Project.
§ 5.1.5 Unit prices, if any:
(Identify and state the unit price; state the quantity limitations, if any, to which the unit price will be applicable.)
Item Units and Limitations Price per Unit ($0.00)
TBD
§ 5.2 Guaranteed Maximum Price
§ 5.2.1 The Construction Manager guarantees that the Contract Sum shall not exceed the Guaranteed Maximum
Price set forth in the Guaranteed Maximum Price Amendment, as it is amended from time to time. To the extent the
Cost of the Work exceeds the Guaranteed Maximum Price, the Construction Manager shall bear such costs in excess
of the Guaranteed Maximum Price without reimbursement or additional compensation from the Owner.
(Insert specific provisions if the Construction Manager is to participate in any savings.)
100 percent of any project savings shall be returned to the owner at the completion of the project.
AIA Document A133™ — 2009 (formerly A121™CMc — 2003). Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved.
The “American Institute of Archilects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may nol be used without permission
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