12-18-2013 Additions - Laserfiche WebLink

Home Browse Search

Init. § 11.6.2 For Reimbursable Expenses the compensation shall be the expenses incurred by the Construction Manager and the Construction Manager's consultants plus zero percent ( 0 %) of the expenses incurred. § 11.7 Payments to the Construction Manager § 11.7.1 An initial payment of (n /a) ($ ) shall be made upon execution of this Agreement and is the minimum payment under this Agreement. It shall be credited to the Owner's account in the final invoice. § 11.7.2 Unless otherwise agreed, payments for services shall be made monthly in proportion to services performed. Payments are due and payable upon presentation of the Construction Manager's invoice. Amounts unpaid thirty (30 ) 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.) § 11.7.3 The Owner shall not withhold amounts from the Construction Manager's compensation to impose a penalty or liquidated damages on the Construction Manager, or to offset sums requested by or paid to Contractors for the cost of changes in the Work unless the Construction Manager agrees or has been found liable for the amounts in a binding dispute resolution proceeding. § 11.7.4 Records of Reimbursable Expenses, expenses pertaining to Additional Services, and services performed on the basis of hourly rates shall be available to the Owner at mutually convenient times. ARTICLE 12 SPECIAL TERMS AND CONDITIONS Special terms and conditions that modify this Agreement are as follows: 12.1 All notices and other communications pursuant to this Agreement shall be in writing and shall be deemed to have been duly given to the other party (a) on the day it is personally delivered or transmitted by facsimile or e-mail; (b) on the day after being sent by Federal Express (or comparable overnight delivery service), all fees prepaid; or (c) on the second day after being mailed by United States certified or registered mail, postage prepaid. Notices shall be sent to the other party at the address, fax number or e -mail address set forth in this Agreement, or at such other address, fax number or e-mail address for receiving notices and other communications as shall be given in writing by the receiving party to the other party. Similar provisions shall be made applicable to communications involving the Architect and to communications involving any of the Contractors. 12.2 Construction Manager shall provide the methodology to allow the Owner to yield the benefits of it "sales tax exempt" status through direct material purchases. This methodology shall incorporate the provisions of the League of Minnesota Cities Information Memo entitled "City Sales Tax Exemptions in Construction Contracts" dated November 7, 2013, a copy of which the Construction Manager hereby acknowledges receiving. The Construction Manager shall also ensure all pertinent provisions of Minnesota Statutes are complied with. The Construction Manager shall also advise the Owner of any unreasonable risk that could be assumed in the direct purchases of materials. 12.3 The Construction Manager shall not be allowed to bid on any bid package associated with the Project. The Construction Manager may utilize its own forces to perform incidental work on the Project's site to deal with clean -up or other needed items with the authorization of the Owner and at agreed upon rates of reimbursement. ARTICLE 13 SCOPE OF THE AGREEMENT § 13.1 This Agreement represents the entire and integrated agreement between the Owner and the Construction Manager and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both Owner and Construction Manager. This Agreement, including any amendment thereto, may be executed in several counterparts, each of which shall be deemed to be an original and all of which together shall constitute one Agreement binding on xerographic, electronically transmitted, or similar copy of a handwritten signature to this Agreement or an electronic signature to this Agreement, including any amwendment thereto, shall be deemed an original signature for purposes of enforcing this Agreement. § 13.2 This Agreement is comprised of the following documents listed below: AIA Document C132TM — 2009 (formerly B801 T"CMa — 1992). Copyright © 1973, 1980, 1992 and 2009 by The American Institute of Architects. An rights reserved. WARNING: This Ain Document is protected by U.S. Copyright Law and international Treaties. Unauthorized reproduction or distribution of this AIA°' Document, Or any portion of it may result in severe civil and criminal penalties, and will be prosecuted to the maxiinun'' 05(0111 possible und0r the law. This document was produced by AIA software at 10:12:33 on 12/18/2013 under Order No.1645001270 _ 1 which expires on 10/17/2014, and is not for resale. 20 User Notes: (1400123506) 19