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Init. <br />§ 5.3.2 Adjustments to the Guaranteed Maximum Price on account of changes in the Work subsequent to the <br />execution of the Guaranteed Maximum Price Amendment may be determined by any of the methods listed in <br />Section 7.3.3 of AIA Document A201--2007, General Conditions of the Contract for Construction. <br />§ 5.3.3 In calculating adjustments to subcontracts (except those awarded with the Owner's prior consent on the basis <br />of cost plus a fee), the terns "cost" and "fee" as used in Section 7.3.3,3 of AIA Document A201-2007 and the terns <br />"costs" as used in Section 7.3.7 of AIA Document A201--2007 shall have the meanings assigned to then in AIA <br />Document A201-2007 and shall not be modified by Sections 5.1 and 5.2, Sections 6.1 through 6.7, and Section 6.8 <br />of this Agreement. Adjustments to subcontracts awarded with the Owner's prior consent on the basis of cost plus a <br />fee shall be calculated in accordance with the terns of those subcontracts. <br />§ 5.3.4 In calculating adjustments to the Guaranteed Maximum Price, the terns "cost" and "costs" as used in the <br />above -referenced provisions of AIA Document A201-2007 shall mean the Cost of the Work as defined in Sections <br />6.1 to 6.7 of this Agreement and the terns "fee" shall mean the Construction Manager's Fee as defined in Section 5.1 <br />of this Agreement. <br />§ 5.3.5 If no specific provision is made in Section 5.1.2 for adjustment of the Construction Manager's Fee in the <br />case of changes in the Work, or if the extent of such changes is such, in the aggregate, that application of the <br />adjustment provisions of Section 5.1,2 will cause substantial inequity to the Owner or Construction Manager, the <br />Construction Manager's Fee shall be equitably adjusted on the sante basis that was used to establish the Fee for the <br />original Work, and the Guaranteed Maximum Price shall be adjusted accordingly. <br />ARTICLE 6 COST OF THE WORK FOR CONSTRUCTION PHASE <br />§ 6.1 Costs to Be Reimbursed <br />§ 6.1.1 The terns Cost of the Work shall mean costs necessarily incurred by the Construction Manager in the proper <br />performance of the Work. Such costs shall be at rates not higher than the standard paid at the place of the Project <br />except with prior consent of the Owner. The Cost of the Work shall include only the items set forth in Sections 6.1 <br />through 6.7. <br />§ 6.1.2 Where any cost is subject to the Owner's prior approval, the Construction Manager shall obtain this approval <br />prior to incurring the cost. The parties shall endeavor to identify any such costs prior to executing Guaranteed <br />Maximum Price Amendment. <br />§ 6.2 Labor Costs <br />§ 6.2.1 Wages of construction workers directly employed by the Construction Manager to perforin the construction <br />of the Work at the site or, with the Owner's prior approval, at off-site workshops. <br />§ 6.2.2 Wages or salaries of the Construction Manager's supervisory and administrative personnel when stationed at <br />the site with the Owner's prior approval. <br />(1/' it is intended that the wages or salaries of certain personnel stationed at the Cons7ructi011 Manager's principal <br />or other offices shall he included in the Cost of the Work, identify in .Section 11.5, the personnel to be included, <br />whetherkr all or only part of thein time, and the rates at which their time will be charged to the Work.) <br />§ 6.2.3 Wages and salaries of the Construction Manager's supervisory or administrative personnel engaged at <br />factories, workshops or on the road, in expediting the production or transportation of materials or equipment <br />required for the Work, but only for that portion of their time required for the Work. <br />§ 6.2.4 Costs paid or incurred by the Construction Manager for taxes, insurance, contributions, assessments and <br />benefits required by law or collective bargaining agreements and, for personnel not covered by such agreements, <br />customary benefits such as sick leave, medical and health benefits, holidays, vacations and pensions, provided such <br />costs are based on wages and salaries included in the Cost of the Work under Sections 6.2.1 through 6.2.3. <br />§ 6.2.5 Bonuses, profit sharing, incentive compensation and any other discretionary payments paid to anyone hired <br />by the Construction Manager or paid to any Subcontractor or vendor, with the Owner's prior approval. <br />AIA Document A13311" — 2009 (formerly A121 r"CMc —2003). Copyright ©1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. <br />WARNING: This Al Ax Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA" 1 <br />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. <br />This document was produced by AIA software at 16:20:45 on 12/02/2014 under Order No.3644050906 1 which expires on 00/14/2015, and is not for resale. <br />User Notes: (1970105415) <br />14 <br />