Common use of Construction Phase Fee Clause in Contracts

Construction Phase Fee. The Construction Manager’s Construction Phase Fee is the maximum amount payable to the Construction Manager for any cost or profit expectation incurred in the performance of the Work that is not specifically identified as being eligible for reimbursement by the Owner elsewhere in the Agreement. References in the Uniform General Conditions for University of Texas System Building Construction Contracts to Construction Manager’s “overhead” and “profit” mean the Construction Manager’s Construction Phase Fee. The Construction Phase Fee includes, but is not limited to, the following items. All profit, profit expectations and costs associated with profit sharing plans such as personnel bonuses, incentives, and rewards; company stock options; or any other like expenses of the Construction Manager Salaries of Construction Manager’s officers, project manager(s), estimators, schedulers and all other employees not stationed at the Project site and performing services directly related to the Project. Any and all overhead, labor or general expenses of any kind unless specifically allowed under General Conditions. These costs include, but are not limited to: costs for the purchase, lease, rental, allowance or maintenance of vehicles, radios/communication equipment, jobsite computers, copiers and other business equipment, specialized telephone systems and cellular/digital phones; trade or professional association dues; costs for hiring and/or relocation of any of the Construction Manager’s personnel; and travel, per diem and subsistence expense of Construction Manager, its officers or employees except as specifically allowed under General Conditions. Any financial costs incurred by the Construction Manager including the cost of capital or interest on capital, regardless of whether it is related to the Project, and costs associated with construction warranty reserves. Any legal, accounting, professional or other similar costs incurred by the Construction Manager, including costs incurred in connection with the prosecution or defense any dispute, mediation, arbitration, litigation or other such proceeding related to or arising from the Project. Any Federal and/or State income and franchise taxes paid by Construction Manager. Any fines, penalties, sanctions or other levies assessed by any governmental body against Construction Manager. Any cost arising out of a breach of this Contract or the fault, failure or negligence of Construction Manager, its Subcontractors, or any person or entity for whom they may be liable. These costs include, without limitation: costs to remedy defective, rejected, or nonconforming work, materials or equipment; costs due to failure to coordinate the Work or meet CPM Schedule milestones; costs arising from Construction Manager’s contractual indemnification obligations; liquidated or actual damages imposed by Owner for failure to complete the Work within the Contract Time; costs due to the bankruptcy or insolvency of any Subcontractor; and damage or losses to persons or property. The cost of any and all insurance deductibles payable by the Construction Manager and costs due to the failure of Construction Manager or any Subcontractor to procure and maintain insurance as and to the extent required by the Contract Documents. Any and all costs that would cause the Guaranteed Maximum Price to be exceeded, other than costs attributable to change orders which increase the contract amount. For change order work which increases the contract amount, other than Guarantee Maximum Price Change Orders, overhead and profit shall be determined in accordance with the “Changes” section of the Uniform General Conditions Any and all costs not specifically identified as an element of the Direct Construction Cost.

Construction Phase Fee. The Construction Manager’s Construction Phase Fee is the maximum amount payable to the Construction Manager for any cost or profit expectation incurred in the performance of the Work that is not specifically identified as being eligible for reimbursement by the Owner elsewhere in the Agreement. References in the Uniform General Conditions for University of Texas System Building Construction Contracts to Construction Manager’s “overhead” and “profit” mean the Construction Manager’s Construction Phase Fee. The Construction Phase Fee includes, but is not limited to, the following items. All profit, profit expectations and costs associated with profit sharing plans such as personnel bonuses, incentives, and rewards; company stock options; or any other like expenses of the Construction Manager Salaries of Construction Manager’s officers, project manager(s), estimators, schedulers schedulers, and all other employees not stationed at the Project site and performing services directly related to the Project. Any and all All overhead, labor or general expenses of any kind unless specifically allowed under General Conditions. These costs include, but are not limited to: costs for the purchase, lease, rental, allowance or maintenance of vehicles, radios/communication equipment, jobsite computers, copiers and other business equipment, specialized telephone systems and cellular/digital phones; trade or professional association dues; costs for hiring and/or relocation of any of the Construction Manager’s personnel; and travel, per diem and subsistence expense of Construction Manager, its officers or employees except as specifically allowed under General Conditions. If the Construction Manager elects to provide or require participation in a subcontractor default insurance program (sometimes referred to as SUBGUARD), the entire cost of the insurance program and all costs related to the administration of the program shall be included in the Construction Phase Fee. All costs associated with payment and performance bonds obtained from trade contractors or subcontractors, including bonds for change orders to subcontracts and the cost of any bonds for minor work that might be included in the general conditions. Any financial costs incurred by the Construction Manager including the cost of capital or interest on capital, regardless of whether it is related to the Project, and costs associated with construction warranty reserves. Any legal, accounting, professional or other similar costs incurred by the Construction Manager, including costs incurred in connection with the prosecution or defense any dispute, mediation, arbitration, litigation litigation, or other such proceeding related to or arising from the Project. Any Federal and/or State income and franchise taxes paid by Construction Manager. Any fines, penalties, sanctions sanctions, or other levies assessed by any governmental body against Construction Manager. Any cost arising out of a breach of this Contract or the fault, failure or negligence of Construction Manager, its Subcontractors, or any person or entity for whom they may be liable. These costs include, without limitation: costs to remedy defective, rejected, or nonconforming work, materials or equipment; costs due to failure to coordinate the Work or meet CPM Schedule milestones; costs arising from Construction Manager’s contractual indemnification obligations; liquidated or actual damages imposed by Owner for failure to complete the Work within the Contract Time; costs due to the bankruptcy or insolvency of any Subcontractor; and damage or losses to persons or property. The cost of any and all insurance deductibles payable by the Construction Manager and costs due to the failure of Construction Manager or any Subcontractor to procure and maintain insurance as and to the extent required by the Contract Documents. Any and all All costs that would cause exceed the Guaranteed Maximum Price to be exceededPrice, other than costs attributable to change orders which that increase the contract amountGuaranteed Maximum Price. For change order work which increases the contract amount, other than Guarantee Maximum Price Change Orders, overhead and profit shall be determined in accordance with the “Changes” section of the Uniform General Conditions Any and all All costs not specifically identified as an element of the Direct Construction Cost.