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Provision Chan�e <br /> the terms of this Agreement." <br /> 5.1.3 Following Paragraph 5.1.2,the following is hereby inserted: <br /> "5.13 For changes in the Work, the rate of the Contractor's Fee shall not be adjusted <br /> and shall remain equal to fourteen percent (14%) of the Cost of the Work directly <br /> attributable to any such change that is incurred or paid by the Contractor during <br /> performance of the Work. Consequently, the total amount earned by the Contractor as <br /> the Fee may increase or decrease, depending upon the nature of any changes in the <br /> Work, but the basis of the Contractor's Fee shall always remain Fourteen percent <br /> (14%).,, <br /> 5.2.1 The number in the blank to be inserted as the Guaranteed Maximum Price is$6,706,493.00 <br /> 5.2.1 Following Paragraph 5.2.1,the following is hereby inserted: <br /> "5.2.1.1 The Guaranteed Maximum Price is subject to adjustment for Change Orders, <br /> authorized in accordance with the requirements of the Contract Documents. <br /> 5.2.1.2 No portion of the contingency line item (if any) shall be expended without <br /> Owner's prior written approval,which shall be reflected by Change Order. <br /> 5.2.3 The following is hereby added to Paragraph 5.23: <br /> "Unit Prices are set forth on Exhibit C annexed hereto. Such unit prices are considered <br /> complete and include(1)all materials, equipment,labor,delivery, installarion, overhead <br /> and profit and(2) any other costs or expenses in connection with, or incidental to, the <br /> performance of that portion of the Work to which such unit prices apply." <br /> 5.2.4 Allowances are as follows: <br /> The Guaranteed Maximum Price includes an allowance of$551,000.00 for the cost of <br /> landscaping,including materials and labor,and exclusive of overhead and profit. <br /> 5.2 Following Paragraph 5.2,the following is hereby inserted: <br /> "5.3 By executing this Agreement and furnishing the Owner with the Schedule, the <br /> Contractor represents and warrants that the Contract Documents (including the Design <br /> Development Documents),materials, and information furnished the Contractor as of the <br /> date of this Agreement and the ongoing discussions and meetings between the <br /> Contractor and both the Owner and the Architect have described the scope, construction <br /> requirements,and design intent of the Work in detail sufficient to enable the Contractor <br /> to establish firmly the Contractor's Fee and the Schedule. The Contractor shali not be <br /> permitted to claim any adjustment in either the Contractor's Fee or Contract Time" <br /> 6.4 Paragraph 6.4 is hereby deleted in its entirety. <br /> 7.1 Following Paragraph 7.1,the following is hereby inserted: <br /> "7.1.1 Notwithstanding the breakdown or categorization of any costs to be reimbursed <br /> in this Article 7 or elsewhere in the Contract Documents, there shall be no dupiication <br /> of payment in the event any particular items for which payment is requested can be <br /> characterized as falling into more than one of the types of compensable or reimbursable <br /> categories." <br /> 2 <br /> Doc#:CHI01 (239130-00107)50130735v3;08/12J2003lTime:10:48 <br />