Compensation for CM Services. In exchange for the Construction Manager satisfactorily providing the CM Services in accordance with this Agreement, the District shall: (i) pay to the Construction Manager, as provided in this Part, a basic fee as provided in, or as determined pursuant to, Exhibit “D” attached hereto (“Basic CM Fee”); (ii) reimburse the Construction Manager for costs of the General Conditions that the Construction Manager reasonably and necessarily incurs in connection with the Project; and (iii) reimburse the Construction Manager for any Reimbursable Costs (defined in Section 7.4 herein) that the Construction Manager incurs in connection with the Project as authorized in advance by the District. Notwithstanding anything in this Agreement that might be construed to the contrary, absent any increase or expansion in scope of the Project, the Basic CM Fee payable to the Construction Manager shall not be increased as a result of any increase in the cost to construct the Project. For purposes of this Agreement, an “increase or expansion in scope of the Project” shall mean a change in the Project that requires additional physical improvements that: (i) the Parties did not originally contemplate would be part of the Project; or (ii) are not expressly or implicitly described in, or required pursuant to, the Project Plans or other conceptual documents prepared for the Project. However, an “increase or expansion in scope of the Project” does not include any changes to the Project as are required to conform the intended improvements with any code, regulation, law or other governmental requirement, including, without limitation, any changes required by an inspector representing any local governmental entity.
Appears in 4 contracts
Samples: Agreement for Construction Management Services, Agreement for Construction Management Services, Agreement for Construction Management Services
