|
to the Cost of the Work for its performance of the Work. The Fee compensates the Construction Manager for all aspects
<br /> of its performance other than the Cost of the Work,and it includes the Construction Manager's profit and all overhead
<br /> expenses not otherwise reimbursable under this Agreement,including but not limited to home office overhead,and all
<br /> taxes except sales tax on the Contract Sum,and as otherwise described in this Agreement.The Fee is applied to the
<br /> MACC. The Fee is only earned on and applied to the Construction Manager's Contingency as such costs are incurred.
<br /> The Fee is not applied to any other costs except as described above.
<br /> §2.0.20 Final Completion is defined in Section 9.10.1 of the revised General Conditions and generally occurs when the
<br /> Owner fmds that the Work has been completed,the required occupancy permit has been issued,the commissioning
<br /> process and any validation process have been successfully concluded,incidental corrective or punchlist Work and final
<br /> cleaning have been completed,the Construction Manager has submitted or delivered all specified items,the
<br /> Construction Manager has submitted a final Application for Payment,and the Owner has approved a fmal Application
<br /> for Payment.
<br /> §2.0.21 The General Conditions(sometimes also referred to as the revised General Conditions)of the Contract are
<br /> defined in Section 2.3 of this Agreement and are the revised 2017 Edition of AIA Document A201,General Conditions
<br /> of the Contract for Construction,which is incorporated herein by reference.All references to the A201 General
<br /> Conditions in the Contract Documents are to the revised document.
<br /> §2.0.22 The Guaranteed Maximum Price("GMP")is defined in Section 3.2,described in Section 6.2 of this
<br /> Agreement,and established in the GMP Amendment.The GMP is equivalent to the `Total Contract Cost"as that latter
<br /> term is used in RCW 39.10. The GMP consists of the sum that the Owner and the Construction Manager establish in
<br /> the GMP Amendment as the fixed limit for all Costs of the Work reimbursable under Article 7 of this Agreement,which
<br /> includes the MACC,the Negotiated Support Services,the Specified General Conditions,and the Construction
<br /> Manager's Contingency,together with the Construction Manager's Fee.The GMP does not include Preconstruction
<br /> Phase Preconstruction Services Cost or sales tax on progress payments. State and local sales tax on the Contract Sum
<br /> will be paid by the Owner with progress payments.The Owner is not obligated to pay the Construction Manager more
<br /> than the GMP for the performance of the Work.
<br /> §2.0.23 The GMP Amendment is described in Section 3.2.6 of this Agreement and generally is an amendment to this
<br /> Agreement setting forth the GMP,the information and assumptions upon which it is based,the Contract Time,and
<br /> other information upon which the parties agree. There may be more than one GMP Amendment,such as if the Owner
<br /> and Construction Manager agree to early Work packages or for securing long-lead items.
<br /> §2.0.24 The Maximum Allowable Construction Cost("MACC")generally consists of the sum to which the Owner
<br /> and the Construction Manager agree in writing in the GMP Amendment as an estimate of the Cost of the Work
<br /> reimbursable under Article 7 of this Agreement. The MACC does not include the Negotiated Support Services,the
<br /> Specified General Conditions,the Construction Manager's Contingency,the Construction Manager's Fee,
<br /> Preconstruction Services,or sales tax.A final MACC will be established as part of the GMP negotiation in accordance
<br /> with this Agreement.
<br /> §2.0.25 Negotiated Support Services are defined in Section 7.7.5 of this Agreement and are generally items the
<br /> Construction Manager normally would manage or perform on Work of this type, including but not limited to, surveying,
<br /> laser scanning,hoisting,cleanup and trash removal, street cleaning,dust control,maintenance of traffic on public street
<br /> and roads,temporary heat,temporary hookups,temporary toilets,temporary signs,fences,enclosures,barriers and
<br /> barricades,temporary meter installation for water,utilities,natural gas,sewer and storm sewer,advertisement and
<br /> negotiation of subcontract bid packages,and WSSP documentation.Approved Negotiated Support Services are
<br /> reimbursable,consistent with the Contract Documents,to the extent they are Costs of the Work within the GMP.The
<br /> Construction Manager's management of Negotiated Support Services is included within the Specified General
<br /> Conditions amount.
<br /> §2.0.26 The Notice to Proceed is described in Section 3.3.1 of this Agreement and is generally a written notice the
<br /> Owner submits to the Construction Manager that generally permits construction or a designated portion thereof to
<br /> commence upon the Construction Manager's compliance with conditions expressed in the notice.
<br /> §2.0.27 The Owner is the entity listed on the first page of this Agreement.
<br /> AIA Document A133- - 2019. Copyright O 1991, 2003, 2009, and 2019 by The American Institute of Architects. All rights reserved. The
<br /> "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used 5
<br /> without permission. This draft was produced by AIA software at 13:10:24 ET on 04/22/2021 under Order No.7856855196 which expires on
<br /> 05/01/2022, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms
<br /> of Service. To report copyright violations, e-mail copyright@aia.org.
<br /> User Notes: (1279676012)
<br />
|