Cash Allowances. (a) The Guaranteed Price includes cash allowances as set out in the Specifications which shall be expended as Owner directs through the Consultant by a Cash Allowance Disbursement Authorization.
(b) Unless otherwise indicated, cash allowances cover the net cost to Project Co of services, Products, construction machinery and equipment, freight, unloading, handling, storage, installation, and other authorized expenses incurred in performing the Work stipulated under the cash allowances but do not include any Value Added Tax payable by Owner to Project Co.
(c) Purchases from cash allowances must be authorized by written instructions issued by the Consultant as directed by Owner and the form and methods of accounting for costs shall be agreed to by Owner, the Consultant and Project Co before proceeding with the purchase. Cash allowance review will be part of the regular site meeting.
(d) The parties acknowledge that the following provisions apply to cash allowances included in the Guaranteed Price:
(i) Project Co’s Fee and not the cash allowances include Project Co’s overhead and profit in connection with all cash allowances. Where costs under all cash allowances exceed, in the aggregate, the total amount of all cash allowances, Project Co shall be compensated for overhead and profit on the excess, as provided for in Schedule 11 – Change Procedure;
(ii) subject to Section 3.2(d)(v), the Guaranteed Price shall be adjusted by Change Order to provide for any aggregate excess or deficit in all cash allowances;
(iii) progress payments on account of Work authorized under cash allowances shall be included in the Consultant’s monthly certificates for payment;
(iv) modifications to the Construction Schedule shall be prepared by Project Co and reviewed by the Consultant to show when items called for under cash allowances must be authorized and/or ordered so that the progress and completion of the Work are not delayed;
(v) any surpluses in a cash allowance may, at the election of Owner, be used to fund other cash allowances or to fund Changes in the Scope of the Work elsewhere in this Project Agreement, as may be authorized under a Change Order or a Change Directive in accordance with Schedule 11 – Change Procedure, as the case may be, but without the imposition of overhead and profit; and
(vi) any surplus in the aggregate cash allowances remaining after the application of Section 3.2(d)(v) above, shall be credited to Owner.
Cash Allowances. 1. Contractor agrees that:
a. the cash allowances include the cost to Contractor (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes; and
b. Contractor’s costs for unloading and handling on the Site, labor, installation, overhead, profit, and other expenses contemplated for the cash allowances have been included in the allowances, and no demand for additional payment on account of any of the foregoing will be valid.
Cash Allowances. A. It is understood that CONTRACTOR has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be performed for such sums as may be acceptable to OWNER and ENGINEER. CONTRACTOR agrees that:
1. the allowances include the cost to CON- TRACTOR (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes; and
2. CONTRACTOR’s costs for unloading and handling on the Site, labor, installation costs, overhead, profit, and other expenses contemplated for the allowances have been included in the Contract Price and not in the allowances, and no demand for additional payment on account of any of the foregoing will be valid.
B. Prior to final payment, an appropriate Change Order will be issued as recommended by ENGINEER to reflect actual amounts due CONTRACTOR on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted.
Cash Allowances. The Contractor shall include in the Contract Price all cash allowances named in the Contract Documents and shall cause the Work thus covered to be done by such contractors or firms and for such sums as the Engineer may direct, the Contract Price being adjusted in conformity therewith. The Contractor declares that the Contract Price includes such sums for overhead and profit on account of cash allowances as he deems proper. No demand for overhead and profit other than those included in the Contract Price shall be allowed. The Contractor shall not be required to employ for any such Work persons against whom he has a reasonable objection.
Cash Allowances. .1 The Contractor shall include in the Contract sum all cash allowances mentioned in the Specifications, which allowances shall be expended in whole or in part as the Project Manager shall direct, the amount of the Contract sum adjusted in conformity therewith. The Contract sum includes such sums for expenses and profit on account of such cash allowances as the Contractor requires. The Contractor shall not be required to employ for any such work, persons against whom he/she has a reasonable objection.
Cash Allowances. 3.11.1 The Contractor acknowledges and agrees that the Contract Sum includes all cash allowances specified in the Contract Documents.
Cash Allowances. 46.1 This Section 46 applies only if cash allowances are stated in this Agreement.
46.2 The Contract Price includes cash allowances, if any, stated in this Agreement. The allowances will be expended, if at all, only as the Owner authorizes. The scope of work or costs included in such cash allowances will be as described in this Agreement.
46.3 Cash allowances cover the net cost to the Design-Builder of services (including design services), materials, products, construction machinery and equipment, freight, unloading, handling, storage, installation and other expenditures authorized by the Owner that are incurred in performing the work stipulated under the cash allowances but do not include GST payable by the Owner to the Design-Builder.
46.4 The Contract Price, and not the cash allowances, includes the Design-Builder’s overhead and profit in connection with such cash allowances.
46.5 Where the actual costs expended by the Design-Builder for work under a cash allowance exceed the amount of the cash allowance, the Design-Builder will be compensated for any excess incurred and substantiated plus an amount for overhead and profit as set out in Section 49.2(b). Where the actual costs expended by the Design-Builder for work under a cash allowance is less than the amount of the cash allowance, the Owner will be credited for the unexpended portion of the cash allowance, but not for the Design-Builder’s overhead and profit on such amount. Multiple cash allowances will not be combined for the purpose of calculating the foregoing.
46.6 The Contract Price will be adjusted to provide for any difference between the amount of each cash allowance and the actual cost of the work under that cash allowance.
46.7 The value of the Work performed under a cash allowance is eligible to be included in the monthly applications for payment.
46.8 The Design-Builder and the Owner will jointly prepare a schedule that shows when the Owner, through the Owner’s Consultant, must authorize the ordering of items called for under cash allowances to avoid delaying the progress of the Work.
Cash Allowances. Cash allowances may be stated in this Contract if the Guaranteed Maximum Price is stipulated in paragraphs 8.2 or 8.3 of Article A-8 of the Agreement – OPTIONS.
Cash Allowances. Delete paragraph 4.1.4 in its entirety and substitute new paragraph 4.1.4:
Cash Allowances. (a) Project Co shall open the Cash Allowance Account, deposit the Cash Allowance Amount into the Cash Allowance Account no later than one month prior to the scheduled commencement of the Works (as set out in the Works Schedule) to which the cash allowance shall be applied and shall manage the Cash Allowance Account in accordance with Section 3.2(b).
(b) The cash flow process applicable to the Cash Allowance Account will be as follows: Project Co will hold and manage all monies in the Cash Allowance Account in trust for, for the benefit of and as directed by Contracting Authority; interest earned on the Cash Allowance Account will accrue in the Cash Allowance Account and will be for the benefit of Contracting Authority; Project Co shall provide a reconciliation of the Cash Allowance Account to Contracting Authority on a monthly basis; Subject to Project Co's obligation to fund the Cash Allowance Account pursuant to Section 3.2(a), Contracting Authority shall make deposits into the Cash Allowance Account in the event that the payment requirements for Cash Allowance Items, including applicable HST, for invoices approved by Contracting Authority that exceed the then balance of the Cash Allowance Account, for clarity, determined on an aggregate basis across all Cash Allowance Items, prior to approving any such invoices; if, on the earlier of (A) Final Completion and (B) the Termination Date, there exists a positive balance in the Cash Allowance Account, such balance will be the property of Contracting Authority and will be paid by Project Co to Contracting Authority or as Contracting Authority directs; and the Parties agree to mutually review the operation of the Cash Allowance Account on a regular basis and make any appropriate modifications to ensure its efficient operation.
(c) Project Co shall provide monthly reports to the Contracting Authority Representative that include the following information: itemized and aggregate amounts committed to date for all Cash Allowance Items; itemized and aggregate amounts spent to date for all Cash Allowance Items; and the projected cost of each remaining Cash Allowance Item and the projected effect of such costs on the Cash Allowance Account.
(d) In addition to the monthly reports described in Section 3.2(c), Project Co shall, on a monthly basis, provide to the Contracting Authority Representative a request for payment approval (each, a “Request for Payment Approval”) that includes the following information: details of a...
