Allowance Items and Allowance Values. 5.6.1 Any and all Allowance Items, as well as their corresponding Allowance Values, are set forth in the GMP Exhibit, which is included within the GMP. 5.6.2 Design-Builder and Owner have worked together to review the Allowance Items and Allowance Values based on design information then available to determine that the Allowance Values constitute reasonable estimates for the Allowance Items. Design-Builder and Owner will continue working closely together during the preparation of the design to develop Construction Documents consistent with the Allowance Values. Nothing herein is intended in any way to constitute a guarantee by Design-Builder that the Allowance Item in question can be performed for the Allowance Value. 5.6.3 No work shall be performed on any Allowance Item without Design-Builder first obtaining in writing advanced authorization to proceed from Owner. Owner agrees that if Design-Builder is not provided written authorization to proceed on an Allowance Item by the date set forth in the Project schedule, due to no fault of Design-Builder, Design-Builder may be entitled to an adjustment of the Contract Time(s) and Contract Sum. 5.6.4 The Allowance Value for an Allowance Item includes the direct cost of labor, materials, equipment, transportation, taxes and insurance associated with the applicable Allowance Item. All other costs, including design fees, Design-Builder’s overall project management and general conditions costs, overhead and fee, are deemed to be included in the original Contract Sum, and are not subject to adjustment, regardless of the actual amount of the Allowance Item. 5.6.5 Whenever the actual costs for an Allowance Item is more than or less than the stated Allowance Value, the Contract Sum shall be adjusted accordingly by Change Order, subject to Section 5.4. The amount of the Change Order shall reflect the difference between actual costs incurred by Design-Builder for the particular Allowance Item and the Allowance Value.
Appears in 2 contracts
Samples: Design Build Contract, Design Build Contract
Allowance Items and Allowance Values. 5.6.1 6.4.1 Any and all Allowance Items, as well as their corresponding Allowance Values, are set forth in the GMP Exhibit, which is included within the GMPan Exhibit hereto.
5.6.2 6.4.2 Design-Builder and Owner have worked together to review the Allowance Items and Allowance Values based on design information then available to determine that the Allowance Values constitute reasonable estimates for the Allowance Items. Design-Builder and Owner will continue working closely together during the preparation of the design to develop Construction Documents consistent with the Allowance Values. Nothing herein is intended in any way to constitute a guarantee by Design-Builder that the Allowance Item in question can be performed for the Allowance Value.
5.6.3 6.4.3 No work shall be performed on any Allowance Item without Design-Builder first obtaining in writing advanced authorization to proceed from Owner. Owner agrees that if Design-Builder is not provided written authorization to proceed on an Allowance Item by the date set forth in the Project schedule, due to no fault of Design-Builder, Design-Builder may be entitled to an adjustment of the Contract Time(s) and Contract SumPrice.
5.6.4 6.4.4 The Allowance Value for an Allowance Item includes the direct cost of labor, materials, equipment, transportation, taxes and insurance associated with the applicable Allowance Item. All other costs, including design fees, Design-Builder’s overall project management and general conditions costs, overhead and fee, are deemed to be included in the original Contract SumPrice, and are not subject to adjustment, regardless of the actual amount of the Allowance Item.
5.6.5 6.4.5 Whenever the actual costs for an Allowance Item is more than or less than the stated Allowance Value, the Contract Sum Price shall be adjusted accordingly by Change Order, subject to Section 5.46.3.4. The amount of the Change Order shall reflect the difference between actual costs incurred by Design-Builder for the particular Allowance Item and the Allowance Value.
Appears in 1 contract
Allowance Items and Allowance Values. 5.6.1 7.5.1 Any and all Allowance Items, as well as their corresponding Allowance Values, are set forth in this Agreement, as xxxxx as Contract Price Amendment or the GMP Exhibit, which is included within the GMPGuaranteed Price Proposal.
5.6.2 7.5.2 Design-Builder and Owner CITY have worked together to review the Allowance Items and Allowance Values based on design information then available to determine that the Allowance Values constitute reasonable estimates for the Allowance Items. Design-Builder and Owner CITY will continue working closely together during the preparation of the design to develop Construction Documents consistent with the Allowance Values. Nothing herein is intended in any way to constitute a guarantee by Design-Builder that the Allowance Item in question can be performed for the Allowance Value.
5.6.3 7.5.3 No work shall be performed on any Allowance Item without Design-Design- Builder first obtaining in writing advanced authorization to proceed from Owner. Owner agrees that if Design-Builder is not provided written authorization to proceed on an Allowance Item by the date set forth in the Project schedule, due to no fault of Design-Builder, Design-Builder may be entitled to an adjustment of the Contract Time(s) and Contract Sum.from
5.6.4 7.5.4 The Allowance Value for an Allowance Item includes the direct cost of labor, materials, equipment, transportation, taxes taxes, and insurance associated with the applicable Allowance Item. All other costs, including design fees, Design-Design- Builder’s overall project management and general conditions costs, overhead and feeFee, are deemed to be included in the original Contract SumPrice, and are not subject to adjustment, regardless of adjustment notwithstanding the actual amount of the Allowance Item.
5.6.5 7.5.5 Whenever the actual costs for an Allowance Item is more than or less than the stated Allowance Value, the Contract Sum Price shall be adjusted accordingly by Change Order, subject to Section 5.4. The amount of the Change Order shall reflect the difference between actual costs incurred by Design-Builder for the particular Allowance Item and the Allowance Value. The Design- Builder shall be responsible for informing the CITY of any potential exceedances of Allowance Values prior to incurring such expenses, and CITY approval of such additional expenses shall be required prior to performing the work.
Appears in 1 contract
Samples: Professional Services
Allowance Items and Allowance Values. 5.6.1 7.7.1 Any and all Allowance Items, as well as their corresponding Allowance Values, are set forth in the GMP ExhibitContract Price Amendment or the Proposal. For the purpose of avoiding doubt, which is included within the GMPthere are no guarantees that this Agreement will include any Allowance Items.
5.6.2 7.7.2 Design-Builder and Owner have worked together to review the Allowance Items and Allowance Values based on design information then available to determine that the Allowance Values constitute reasonable estimates for the Allowance Items. Design-Builder and Owner will continue working closely together during the preparation of the design to develop Construction Documents consistent with the Allowance Values. Nothing herein is intended in any way to constitute a guarantee by Design-Builder that the Allowance Item in question can be performed for the Allowance Value.
5.6.3 7.7.3 No work shall be performed on any Allowance Item without Design-Builder first obtaining in writing advanced authorization to proceed from Owner. Owner agrees that if Design-Builder is not provided written authorization to proceed on an Allowance Item by the date set forth in the Project schedule, due to no fault of Design-Builder, Design-Builder may be entitled to an adjustment of the Contract Time(s) and Contract SumPrice.
5.6.4 7.7.4 The Allowance Value for an Allowance Item includes the direct cost of labor, materials, equipment, transportation, taxes taxes, and insurance associated with the applicable Allowance Item. All other costs, including design fees, Design-Builder’s overall project management and general conditions costs, overhead and feeFee, are deemed to be included in the original Contract SumPrice, and are not subject to adjustment, regardless of adjustment notwithstanding the actual amount of the Allowance Item.
5.6.5 7.7.5 Whenever the actual costs for an Allowance Item is more than or less than the stated Allowance Value, the Contract Sum Price shall be adjusted accordingly by Change Order, subject to Section 5.47.7.4. The amount of the Change Order shall reflect the difference between actual costs incurred by Design-Builder for the particular Allowance Item and the Allowance Value.
Appears in 1 contract
Samples: Progressive Design Build Agreement
Allowance Items and Allowance Values. 5.6.1 6.2.1 Any and all Allowance Items, as well as their corresponding Allowance Values, are set forth in the GMP Exhibit, which is Allowance Exhibit and are included within the GMPContract Price.
5.6.2 6.2.2 Design-Builder and Owner the State have worked together to review the Allowance Items and Allowance Values based on design information then available to determine that the Allowance Values constitute reasonable estimates for the Allowance Items. Design-Builder and Owner the State will continue working closely together during the preparation of the design to develop Construction Documents consistent with the Allowance Values. Nothing herein is intended in any way to constitute a guarantee by Design-Builder that the Allowance Item in question can be performed for the Allowance Value.
5.6.3 6.2.3 No work shall be performed on any Allowance Item without Design-Builder first obtaining in writing advanced authorization to proceed from Owner. Owner agrees that if Design-Builder is not provided written authorization to proceed on an Allowance Item by the date set forth in the Project schedule, due to no fault of Design-Builder, Design-Builder may be entitled to an adjustment of the Contract Time(s) and Contract SumState.
5.6.4 6.2.4 The Allowance Value for an Allowance Item includes the direct cost of labor, materials, equipment, transportation, taxes and insurance associated with the applicable Allowance Item. All other costs, including design fees, Design-Builder’s overall project management and general conditions costs, overhead and fee, are deemed to be included in the original Contract SumPrice, and are not subject to adjustment, regardless of the actual amount of the Allowance Item.
5.6.5 6.2.5 Whenever the actual costs for an Allowance Item is more than or less than the stated Allowance Value, the Contract Sum Price shall be adjusted accordingly by Change Order, subject to Section 5.46.5.4. The amount of the Change Order shall reflect the difference between actual costs incurred by Design-Builder for the particular Allowance Item and the Allowance Value.
Appears in 1 contract
Samples: Design Build Contract
Allowance Items and Allowance Values. 5.6.1 7.7.1 Any and all Allowance Items, as well as their corresponding Allowance Values, are set forth in the GMP Exhibit, which is included within Contract Price Amendment or the GMPProposal.
5.6.2 7.7.2 Design-Builder and Owner have worked together to review the Allowance Items and Allowance Values based on design information then available to determine that the Allowance Values constitute reasonable estimates for the Allowance Items. Design-Builder and Owner will continue working closely together during the preparation of the design to develop Construction Documents consistent with the Allowance Values. Nothing herein is intended in any way to constitute a guarantee by Design-Builder that the Allowance Item in question can be performed for the Allowance Value.
5.6.3 7.7.3 No work shall be performed on any Allowance Item without Design-Builder first obtaining in writing advanced authorization to proceed from Owner. Owner agrees that if Design-Builder is not provided written authorization to proceed on an Allowance Item by the date set forth in the Project schedule, due to no fault of Design-Builder, Design-Builder may be entitled to an adjustment of the Contract Time(s) and Contract SumPrice.
5.6.4 7.7.4 The Allowance Value for an Allowance Item includes the direct cost of labor, materials, equipment, transportation, taxes taxes, and insurance associated with the applicable Allowance Item. All other costs, including design fees, Design-Builder’s overall project management and general conditions costs, overhead and feeFee, are deemed to be included in the original Contract SumPrice, and are not subject to adjustment, regardless of adjustment notwithstanding the actual amount of the Allowance Item. In the event the actual direct cost of labor, materials, equipment, transportation, taxes, and insurance associated with the applicable Allowance Item is percent ( %) greater than or less than the Allowance Value, Design-Builder and Owner agree that Design-Builder’s right to Fee and markup shall be determined in accordance with Section 7.4.
5.6.5 7.7.5 Whenever the actual costs for an Allowance Item is more than or less than the stated Allowance Value, the Contract Sum Price shall be adjusted accordingly by Change Order, subject to Section 5.47.7.4. The amount of the Change Order shall reflect the difference between actual costs incurred by Design-Builder for the particular Allowance Item and the Allowance Value.
Appears in 1 contract
Samples: Design Build Agreement
Allowance Items and Allowance Values. 5.6.1 6.4.1 Any and all Allowance Items, as well as their corresponding Allowance Values, are set forth in the GMP Exhibit, which is Exhibit or GMP Proposal and are included within the GMP.
5.6.2 6.4.2 Design-Builder and Owner have worked together to review the Allowance Items and Allowance Values based on design information then available to determine that the Allowance Values constitute reasonable estimates for the Allowance Items. Design-Builder and Owner will continue working closely together during the preparation of the design to develop Construction Documents consistent with the Allowance Values. Nothing herein is intended in any way to constitute a guarantee by Design-Builder that the Allowance Item in question can be performed for the Allowance Value.
5.6.3 6.4.3 No work shall be performed on any Allowance Item without Design-Builder first obtaining in writing advanced authorization to proceed from Owner. Owner agrees that if Design-Builder is not provided written authorization to proceed on an Allowance Item by the date set forth in the Project schedule, due to no fault of Design-Builder, Design-Builder may be entitled to an adjustment of the Contract Time(s) and Contract SumPrice.
5.6.4 6.4.4 The Allowance Value for an Allowance Item includes the direct cost of labor, materials, equipment, transportation, taxes and insurance associated with the applicable Allowance Item. All other costs, including design fees, Design-Builder’s overall project management and general conditions costs, overhead and fee, are deemed to be included in the original Contract SumPrice, and are not subject to adjustment, regardless of the actual amount of the Allowance Item.
5.6.5 6.4.5 Whenever the actual costs for an Allowance Item is more than or less than the stated Allowance Value, the Contract Sum Price shall be adjusted accordingly by Change Order, subject to Section 5.46.4.4. The amount of the Change Order shall reflect the difference between actual costs incurred by Design-Builder for the particular Allowance Item and the Allowance Value.
Appears in 1 contract
Allowance Items and Allowance Values. 5.6.1 Any and all Allowance Items, as well as their corresponding Allowance Values, are set forth in the GMP Exhibit, which is Exhibit or GMP Proposal and are included within the GMP.
5.6.2 Design-Builder and Owner have worked together to review the Allowance Items and Allowance Values based on design information then available to determine that the Allowance Values constitute reasonable estimates for the Allowance Items. Design-Builder and Owner will continue working closely together during the preparation of the design to develop Construction Documents consistent with the Allowance Values. Nothing herein is intended in any way to constitute a guarantee by Design-Builder that the Allowance Item in question can be performed for the Allowance Value.
5.6.3 No work shall be performed on any Allowance Item without Design-Builder first obtaining in writing advanced authorization to proceed from Owner. Owner agrees that if Design-Builder is not provided written authorization to proceed on an Allowance Item by the date set forth in the Project schedule, due to no fault of Design-Builder, Design-Builder may be entitled to an adjustment of the Contract Time(s) and Contract Sum.
5.6.4 Price. No work shall be performed on any Allowance Item without Design-Builder first obtaining in writing advanced authorization to proceed from Owner. Owner agrees that if Design-Builder is not provided written authorization to proceed on an Allowance Item by the date set forth in the Project schedule, due to no fault of Design-Builder, Design-Builder may be entitled to an adjustment of the Contract Time(s) and Contract Price. Allowance Value. The Allowance Value for an Allowance Item includes the direct cost of labor, materials, equipment, transportation, taxes and insurance associated with the applicable Allowance Item. All other costs, including design fees, Design-Builder’s overall project management and general conditions costs, overhead and fee, are deemed to be included in the original Contract SumPrice, and are not subject to adjustment, regardless of the actual amount of the Allowance Item.
5.6.5 . Whenever the actual costs for an Allowance Item is more than or less than the stated Allowance Value, the Contract Sum Price shall be adjusted accordingly by Change Order, subject to Section 5.46.4.4. The amount of the Change Order shall reflect the difference between actual costs incurred by Design-Builder for the particular Allowance Item and the Allowance Value. Non-Reimbursable Costs. The following shall not be deemed as costs of the Work: Compensation for Design-Builder’s personnel stationed at Design-Builder’s principal or branch offices, except as provided for in Sections 6.3.1, 6.3.2 and 6.3.3 hereof. Overhead and general expenses, except as provided for in Section 6.3 hereof, or which may be recoverable for changes to the Work. The cost of Design-Builder’s capital used in the performance of the Work. If the parties have agreed on a GMP, costs that would cause the GMP, as adjusted in accordance with the Contract Documents, to be exceeded. The Guaranteed Maximum Price (“GMP”). GMP Established Upon Execution of this Agreement. Not applicable.
Appears in 1 contract
Samples: Construction Contract
Allowance Items and Allowance Values. 5.6.1 To the extent that allowance items are included in the Contract Sum:
(a) The Schedules of Values for Construction Phase shall include a separate line item for an Owner Controlled Allowance in the amount of $200,000. The Owner shall have complete control over the use of the contingency.
(b) Any and all Allowance Items, as well as their corresponding Allowance Values, are set forth in the GMP Exhibit, which is included within the GMPContract Price.
5.6.2 (c) Design-Builder and Owner have worked together to review the Allowance Items and Allowance Values based on design information then available to determine that the Allowance Values constitute reasonable estimates for the Allowance Items. Design-Builder and Owner will continue working closely together during the preparation of the design to develop Construction Documents consistent with the Allowance Values. Nothing herein is intended in any way to constitute a guarantee by Design-Builder that the Allowance Item in question can be performed for the Allowance Value.
5.6.3 (d) No work shall be performed on any Allowance Item without Design-Builder first obtaining in writing advanced authorization to proceed from Owner. Owner agrees that if Design-Builder is not provided written authorization to proceed on an Allowance Item by the date set forth in the Project schedule, due to no fault of Design-Builder, Design-Builder may be entitled to an adjustment of the Contract Time(s) and Contract Sum).
5.6.4 (e) The Allowance Value for an Allowance Item includes the direct cost of labor, materials, equipment, transportation, taxes taxes, and insurance associated with the applicable Allowance Item. All other costs, including design fees, Design-Builder’s 's overall project management and general conditions costs, overhead and feeFee, are deemed to be included in the original Contract SumPrice, and are not subject to adjustment, regardless of adjustment notwithstanding the actual amount of the Allowance Item.
5.6.5 (f) Whenever the actual costs for an Allowance Item is more than or less than the stated Allowance Value, the Contract Sum Price shall be adjusted accordingly by Change Order, subject to Section 5.44.2.3.3. The amount of the Change Order shall reflect the difference between actual costs incurred by Design-Design- Builder for the particular Allowance Item and the Allowance Value.
Appears in 1 contract
Samples: Design Build Agreement
Allowance Items and Allowance Values. 5.6.1 6.4.1 Any and all Allowance Items, as well as their corresponding Allowance Values, are set forth in the GMP Exhibit, which is Exhibit or GMP Proposal and are included within the GMP.
5.6.2 6.4.2 Design-Builder and Owner have worked together to review the Allowance Items and Allowance Values based on design information then available to determine that the Allowance Values constitute reasonable estimates for the Allowance Items. Design-Design- Builder and Owner will continue working closely together during the preparation of the design to develop Construction Documents consistent with the Allowance Values. Nothing herein is intended in any way to constitute a guarantee by Design-Builder that the Allowance Item in question can be performed for the Allowance Value.
5.6.3 6.4.3 No work shall be performed on any Allowance Item without Design-Builder first obtaining in writing advanced authorization to proceed from Owner. Owner agrees that if Design-Builder is not provided written authorization to proceed on an Allowance Item by the date set forth in the Project schedule, due to no fault of Design-Builder, Design-Design- Builder may be entitled to an adjustment of the Contract Time(s) and Contract SumPrice.
5.6.4 6.4.4 The Allowance Value for an Allowance Item includes the direct cost of labor, materials, equipment, transportation, taxes and insurance associated with the applicable Allowance Item. All other costs, including design fees, Design-Builder’s overall project management and general conditions costs, overhead and fee, are deemed to be included in the original Contract SumPrice, and are not subject to adjustment, regardless of the actual amount of the Allowance Item.
5.6.5 6.4.5 Whenever the actual costs for an Allowance Item is more than or less than the stated Allowance Value, the Contract Sum Price shall be adjusted accordingly by Change Order, subject to Section 5.46.4.4. The amount of the Change Order shall reflect the difference between actual costs incurred by Design-Builder for the particular Allowance Item and the Allowance Value.
Appears in 1 contract
Allowance Items and Allowance Values. 5.6.1 Any and all Allowance Items, as well as their corresponding Allowance Values, are set forth in the GMP Exhibit, which is included within the GMP.
5.6.2 Design-Builder and Owner have worked together to review the Allowance Items and Allowance Values based on design information then available to determine that the Allowance Values constitute reasonable estimates for the Allowance Items. Design-Builder and Owner will continue working closely together during the preparation of the design to develop Construction Documents consistent with the Allowance Values. Nothing herein is intended in any way to constitute a guarantee by Design-Builder that the Allowance Item in question can be performed for the Allowance Value.
5.6.3 No work shall be performed on any Allowance Item without Design-Builder first obtaining in writing advanced authorization to proceed from Owner. Owner agrees that if Design-Builder is not provided written authorization to proceed on an Allowance Item by the date set forth in the Project schedule, due to no fault of Design-Builder, Design-Builder may be entitled to an adjustment of the Contract Time(s) and Contract Sum.
5.6.4 The Allowance Value for an Allowance Item includes the direct cost of labor, materials, equipment, transportation, taxes and insurance associated with the applicable Allowance Item. All other costs, including design fees, Design-Builder’s overall project management and general conditions costs, overhead and fee, are deemed to be included in the original Contract Sum, and are not subject to adjustment, regardless of the actual amount of the Allowance Item.Ite m.
5.6.5 Whenever the actual costs for an Allowance Item is more than or less than the stated Allowance Value, the Contract Sum shall be adjusted accordingly by Change Order, subject to Section 5.4. The amount of the Change Order shall reflect the difference between actual costs incurred by Design-Builder for the particular Allowance Item and the Allowance Value.
Appears in 1 contract
Samples: Design Build Contract
Allowance Items and Allowance Values. 5.6.1 1. Any and all Allowance Items, as well as their corresponding Allowance Values, are set forth in the GMP Exhibit, which is amendment and are included within any established NTE and the GMP, as applicable.
5.6.2 2. Design-Builder and Owner have worked together to review the Allowance Items and Allowance Values based on design information then available to determine that the Allowance Values constitute reasonable estimates for the Allowance Items. Design-Builder and Owner will continue working closely together during the preparation of the design to develop Construction Documents consistent with the Allowance Values. Nothing herein is intended in any way to constitute a guarantee by Design-Builder that the Allowance Item in question can be performed for the Allowance Value.
5.6.3 3. No work shall be performed on any Allowance Item without Design-Design- Builder first obtaining in writing advanced authorization to proceed from Owner. Owner agrees that if Design-Builder is not provided written authorization to proceed on an Allowance Item by the date set forth in the Project schedule, due to no fault of Design-Builder, Design-Design Builder may be entitled to an adjustment of the Contract Time(s) and Contract SumPrice.
5.6.4 4. The Allowance Value for an Allowance Item includes the direct cost of labor, materials, equipment, transportation, taxes and insurance directly associated with the applicable Allowance Item. All With the exception of Owner Directed Allowances, all other costs, including design fees, Design-Builder’s overall project management and fixed general conditions costs, overhead and fee, are deemed to be included in the original Contract SumPrice, and are not subject to adjustment, regardless of the actual amount of the Allowance Item.
5.6.5 5. Whenever the actual costs for an Allowance Item is more than or less than the stated Allowance Value, the Contract Sum Price shall be adjusted accordingly by Change Order, subject to Section 5.49.A.d; however, Design-Builder must provide written notice of the difference between the actual cost and the Allowance Value pursuant to the Changes provisions in the General Conditions. The amount of the Change Order shall reflect the difference between actual costs incurred by Design-Design- Builder for the particular Allowance Item and the Allowance Value.
6. The Owner and the Design-Builder may designate certain Allowances as ‘Owner Directed Allowances.’ Design-Builder shall be compensated for Owner Directed Allowances for the Cost of the Work associated with such allowances plus the Fee Percentage. Items designated as ‘Owner Directed Allowances’ shall not be included in the calculation to determine the Percentage Fee.
Appears in 1 contract
Samples: Progressive Design‐build Agreement