Common use of Construction Phase Fee Clause in Contracts

Construction Phase Fee. For Construction Phase Services, Owner shall pay Construction Manager a stipulated Construction Phase Fee equal to percent ( %) of the Guaranteed Maximum Price for the Project. Based on the anticipated GMP established at the time of this Agreement, the Construction Phase Fee would be the total stipulated amount of: Dollars ($ ). If the Owner agrees to an increase in the Guaranteed Maximum Price during the Construction Phase, the Construction Phase Fee shall be equitably adjusted by applying the percentage established in paragraph 24.3.1 to the amount of the increase in the GMP. For change order work which increases the contract amount, but does not increase the Guaranteed Maximum Price, overhead and profit costs for subcontractors shall be determined in accordance with the “Changes” section of the Uniform General Conditions but the Construction Manager will not be entitled to any fee increase for such work.. For change order work which increases the Guaranteed Maximum Price, overhead and profit costs for subcontractors shall be determined in accordance with the “Changes” section of the Uniform General Conditions but the Construction Manager’s fee for such work will be calculated by applying the percentage established in paragraph 24.3.1 to the amount of the increase. The percentage rate established in paragraph 24.3.1 of this Agreement for calculation of the Construction Phase Fee cannot be increased except with the express written approval of the Owner/ Limitation on General Condition Costs For allowable General Conditions Costs incurred during the Construction Phase of the Project, Owner shall pay Construction Manager a maximum of percent ( %) of the Guaranteed Maximum Price for the Project. Based on the anticipated GMP established at the time of this Agreement, the maximum allowable amount of General Conditions Costs would be the total amount of: Dollars ($ ). If the Owner agrees to an extension of the duration of the Construction Phase, the maximum allowable amount of General Conditions Costs shall be equitably adjusted. The percentage rate established in paragraph 24.4.1 of this Agreement for calculation of the General Conditions Costs cannot be increased except with the express written approval of the Owner.

Construction Phase Fee. For Construction Phase Services, Owner shall pay Construction Manager a stipulated Construction Phase Fee equal to percent ( %) of the Guaranteed Maximum Price for the Project. Based on the anticipated GMP established at the time of this Agreement, the Construction Phase Fee would be the total stipulated amount of: Dollars ($ ). ; If the Owner agrees to an increase in the Guaranteed Maximum Price during the Construction Phase, the Construction Phase Fee shall be equitably adjusted by applying the percentage established in paragraph 24.3.1 to the amount of the increase in the GMP. For change order work which increases the contract amount, but does not increase the Guaranteed other than Guarantee Maximum PricePrice Change Orders, overhead and profit costs for subcontractors shall be determined in accordance with the “Changes” section of the Uniform General Conditions but the Construction Manager will not be entitled to any fee increase for such work.. For change order work which increases the Guaranteed Maximum Price, overhead and profit costs for subcontractors shall be determined in accordance with the “Changes” section of the Uniform General Conditions but the Construction Manager’s fee for such work will be calculated by applying the percentage established in paragraph 24.3.1 to the amount of the increaseConditions. The percentage rate established in paragraph 24.3.1 of this Agreement for calculation of the Construction Phase Fee cannot be increased except with the express written approval ofthe Executive Director of the Owner/ Program Management . Limitation on General Condition Costs For The maximum allowable amount of General Conditions Costs incurred payable to the Construction Manager during the Construction Phase of the Project, Owner Project shall pay Construction Manager a maximum of not exceed percent ( %) of the Guaranteed Maximum Price for the Project. Based on the anticipated GMP established at the time of this Agreement, the maximum allowable amount of General Conditions Costs would be the total amount of: Dollars ($ ). ; If the Owner agrees to an extension of increase in the duration of Guaranteed Maximum Price during the Construction Phase, Phase the maximum allowable amount of General Conditions Costs shall be equitably adjustedadjusted by applying the percentage established in paragraph 24.4.1 to the amount of the increase in the GMP. For change order work which increases the contract amount, other than Guarantee Maximum Price Change Orders, overhead and profit costs shall be determined in accordance with the “Changes” section of the Uniform General Conditions. The percentage rate established in paragraph 24.4.1 of this Agreement for calculation of the General Conditions Costs cannot be increased except with the express written approval of the OwnerExecutive Director of Program Management, Office of Facilities Planning and ConstructionThe.

Construction Phase Fee. For Construction Phase Services, Owner shall pay Construction Manager a stipulated Construction Phase Fee equal Prior to percent ( %) of the Guaranteed Maximum Price for the Project. Based on the anticipated GMP established at the time of this Agreement, the Construction Phase Fee would be the total stipulated amount of: Dollars ($ ). If the Owner agrees to an increase in the Guaranteed Maximum Price during the Construction Phase, the Construction Phase Fee shall be equitably adjusted by applying the percentage established in paragraph 24.3.1 to the amount of the increase in the GMP. For change order work which increases the contract amount, but does not increase the Guaranteed Maximum Price, overhead and profit costs for subcontractors shall be determined in accordance with the “Changes” section of the Uniform General Conditions but the Construction Manager will not be entitled to any fee increase for such work.. For change order work which increases the Guaranteed Maximum Price, overhead and profit costs for subcontractors shall be determined in accordance with the “Changes” section of the Uniform General Conditions but the Construction Manager’s fee for such work will be calculated by applying the percentage established in paragraph 24.3.1 to the amount of the increase. The percentage rate established in paragraph 24.3.1 of this Agreement for calculation of the Construction Phase Fee cannot be increased except with the express written approval of the Owner/ Limitation on General Condition Costs For allowable General Conditions Costs incurred during the Construction Phase of the Project, Owner shall pay Construction Manager a maximum of percent ( %) of the Guaranteed Maximum Price for the Project. Based on the anticipated GMP established at the time of this Agreement, the maximum allowable amount of General Conditions Costs would be the total amount of: Dollars ($ ). If the Owner agrees to an extension of the duration commencement of the Construction Phase, the maximum allowable Owner will direct the Construction Manager in writing to proceed into the Construction Phase. The Construction Manager's compensation for Work or services performed during the Construction Phase shall be as set forth in the GMP Amendment. (However, the Owner retains the right to review the need and effectiveness of any employee or employees assigned by the Construction Manager, should the Manager of Facilities Planning question the need for the employee or employees). The Construction Phase Fee shall be invoiced and paid in monthly payments as set forth in the GMP Amendment. The first monthly payment shall become due thirty days following the issuance of the first Construction Authorization by the Manager of Facilities Planning and the final monthly payment shall be paid only when construction of the Project is finally completed and occupancy of the Project accepted by the Owner. If construction is authorized only for a part of the Project, the fee paid shall be proportionate to the amount of General Conditions Costs shall be equitably adjusted. The percentage rate established in paragraph 24.4.1 of this Agreement for calculation of the General Conditions Costs cannot be increased except with the express written approval of Work authorized by the Owner. (a) The Construction Manager shall be paid an additional fee subject to negotiation if the Construction Manager is placed in charge of reconstruction of an insured or uninsured loss excluding any condition that may have been caused from negligent acts by the Construction Manager. (b) Should the duration of the construction stipulated herein for Final Completion extend beyond the times set forth in the GMP Amendment due to no fault of the Construction Manager, the Construction Manager's Additional Construction Phase Fee will be an amount per working day, for each day or portion thereof, that will be set in the GMP Amendment. The Construction Manager's staff during such time extensions shall be that shown in Exhibit H. (c) The Construction Manager will not be due any additional Overhead and Profit under Article 8.1.4 on increases to the Guaranteed Maximum Price (GMP) until those increases cumulatively equal 10% of the GMP. Should the GMP be increased by more than 10% under the terms of Article 10 hereinafter due to no fault of the Construction Manager, the Construction Manager's additional Overhead and Profit for the Construction Phase will be 5% of that portion of the accumulative increases in the GMP that exceed the GMP by more than 10% of the GMP.

Construction Phase Fee. For Construction Phase Services, Owner shall pay Construction Manager a stipulated Construction Phase Fee equal to percent ( %) of the Guaranteed Maximum Price for the Project. Based on the anticipated GMP established at the time of this Agreement, the Construction Phase Fee would be the total stipulated amount of: Dollars ($ ). If the Owner agrees to an increase in the Guaranteed Maximum Price during the Construction Phase, the Construction Phase Fee shall be equitably adjusted by applying the percentage established in paragraph 24.3.1 to the amount of the increase in the GMP. For change order work which increases the contract amount, but does orders that do not increase the Guaranteed Maximum Price, overhead and profit costs for subcontractors shall be determined in accordance with the “Changes” section of the Uniform General Conditions but the Construction Manager will not be entitled to any fee increase for such work.. For change order work which increases the Guaranteed Maximum Price, overhead and profit costs for subcontractors shall be determined in accordance with the “Changes” section of the Uniform General Conditions but the Construction Manager’s fee for such work will be calculated by applying the percentage established in paragraph 24.3.1 to the amount of the increase. The percentage rate established in paragraph 24.3.1 of this Agreement for calculation of the Construction Phase Fee cannot be increased except with the express written approval of the Owner/ Limitation on General Condition Costs For allowable General Conditions Costs incurred during the Construction Phase of the Project, Owner shall pay Construction Manager a maximum of percent ( %) of the Guaranteed Maximum Price for the Project. Based on the anticipated GMP established at the time of this Agreement, the maximum allowable amount of General Conditions Costs would be the total amount of: Dollars ($ ). If the Owner agrees to an extension of the duration of the Construction Phase, the maximum allowable amount of General Conditions Costs shall be equitably adjusted. The percentage rate established in paragraph 24.4.1 of this Agreement for calculation of the General Conditions Costs cannot be increased except with the express written approval of the Owner.

Construction Phase Fee. 24.3.1 For Construction Phase Services, other than Construction Administration Services, Owner shall pay Construction Manager Design/Build Contractor a stipulated Construction Phase Fee equal to percent ( <<Percent>> (0.00%) ). of the Guaranteed Maximum Price for the Project. . 24.3.2 Based on the anticipated GMP Guaranteed Maximum Price established at the time of this Agreement, the Construction Phase Fee would be the total stipulated amount of: <<Amount>> Dollars ($0). 24.3.3 In addition to the Construction Phase Fee and based upon the Project requirements and description set forth in this Agreement and the Exhibits and other Contract Documents identified in the Agreement (including the Project Schedule attached as an Exhibit), the Owner shall pay Design/Build Contractor a fee for Construction Administration Services (the “Construction Administration Services Fee”) including those performed by or through the Project Architect/Engineer, in the amount of <<Amount>> Dollars ($0), in accordance with the following schedule: Construction Administration (80%) $0 Record Drawing and Closeout Documents Submittal and Warranty (20%) $ )0 Total $0 24.3.4 The parties acknowledge that the Construction Administration Services Fee is separate from and not included in the Construction Phase Fee and has been separately negotiated after selection of the Design/Build Contractor as the offeror offering the best value for the Owner in accordance with the requirements of Section 51.780(2) of the Texas Education Code. In the event of a material change in the Project requirements and Project Schedule, through no fault of the Design/Build Contractor, the parties may agree to an equitable adjustment of the Construction Administration Services Fee in the amendment approving the GMP Proposal. No other adjustments shall be made to the Construction Administration Services Fee except to the extent Design/Build Contractor is entitled to an adjustment for Additional Services. 24.3.5 If the Owner agrees to an increase in the Guaranteed Maximum Price GMP during the Construction Phase, the Construction Phase Fee shall be equitably adjusted by applying the percentage established in paragraph paragraph 24.3.1 to the amount of the increase in the GMP. For change order work which increases the contract amount, but does not increase the Guaranteed Maximum Priceother than GMP Change Orders, overhead and profit costs for subcontractors shall be determined in accordance with the “Changes” section of the Uniform General Conditions but UGC or as otherwise provided in the Construction Manager will not be entitled to any fee increase for such work.. For change order work which increases the Guaranteed Maximum PriceSpecial Conditions, overhead and profit costs for subcontractors shall be determined in accordance with the “Changes” section of the Uniform General Conditions but the Construction Manager’s fee for such work will be calculated by applying the percentage established in paragraph 24.3.1 to the amount of the increase. if any. 24.3.6 The percentage rate established in paragraph 24.3.1 of this Agreement for calculation of the Construction Phase Fee cannot be increased except with the express written approval of the Owner/ Limitation on General Condition Costs For allowable General Conditions Costs incurred during ODR. 24.3.7 If the scope of the Project and/or the Project Schedule has changed through no fault of the Design/Build Contractor such that Design/Builder Contractor’s obligations to perform Construction Administration Services have materially changed, the Construction Phase of the Project, Owner shall pay Construction Manager a maximum of percent ( %) of the Guaranteed Maximum Price for the Project. Based on the anticipated GMP established at the time of this Agreement, the maximum allowable amount of General Conditions Costs would be the total amount of: Dollars ($ ). If the Owner agrees to an extension of the duration of the Construction Phase, the maximum allowable amount of General Conditions Costs Administration Services Fee shall be equitably adjusted. The percentage rate established adjusted to reflect such material change in paragraph 24.4.1 of this Agreement for calculation of the General Conditions Costs cannot be increased except obligations through negotiations with the express written approval of Owner or as otherwise expressly provided by the Contract Documents. Personnel rates for Additional Services under Paragraph 24.6 or the Special Conditions shall be used in computing any equitable adjustment, except as otherwise mutually agreed by the parties. For Additional Construction Administration Services that are approved in advance and in writing by the Owner., Design/Build Contractor shall be entitled to additional compensation computed as provided in Paragraph 24.6