Determination of Cost. The Design Professional shall review the Contractor’s proposed cost of the work, time to complete, effect upon the Overall Progress Schedule, and effect upon time dependent costs, and provide appropriate comments within fourteen calendar days concerning such proposed costs and expenses.
Determination of Cost. 9.3.1 An increase or decrease in the GMP or the date of Substantial Completion or date of Final Completion resulting from a change in the Work shall be determined by one or more of the following methods:
9.3.1.1 unit prices set forth in this Agreement or as subsequently agreed; or
9.3.1.2 a mutually accepted, itemized lump sum with the increase or decrease in the GMP or the Cost of the Work properly itemized and supported by sufficient substantiating data to permit evaluation. If an increase or decrease cannot be agreed to as set forth in subsections 9.3.1.1 and 9.3.1.2 above, and the Owner issues an Interim Directed Change, the cost of the change in the Work shall be determined by the reasonable actual expense incurred and savings realized in the performance of the Work resulting from the Change. The Construction Manager shall maintain a documented, itemized accounting evidencing the expenses and savings.
9.3.2 If unit prices are set forth in the Contract Documents or are subsequently agreed to by the Parties, but the character or quantity of such unit items as originally contemplated is so different in a proposed Change Order that the original unit prices will cause substantial inequity to the Owner or the Construction Manager, such unit prices shall be equitably adjusted.
9.3.3 If the Owner and the Construction Manager disagree as to whether work required by the Owner is within the scope of the Work, the Construction Manager shall furnish the Owner with an estimate of the costs to perform the disputed work in accordance with the Owner's interpretations.
9.3.4 If the Owner issues a written order for the Construction Manager to proceed, the Construction Manager shall perform the disputed work and the Owner shall pay the Construction Manager amounts not in dispute. In such event, both Parties reserve their rights as to whether the work was within the scope of the Work. The Owner's payment does not prejudice its right to be reimbursed should it be determined that the disputed work was within the scope of the Work. The Construction Manager's receipt of payment for the disputed work does not prejudice its right to receive full payment for the disputed work should it be determined that the disputed work is not within the scope of the Work.
Determination of Cost. 49.1 Subject to Section 49.2 whenever it is necessary for the purposes of this Agreement to determine the cost of a Change, the cost will be the amount agreed upon by the Design-Builder and the Owner within a reasonable time after the issue arises in any given instance.
49.2 If the Design-Builder and the Owner cannot agree as to the cost of the Change as contemplated in Section 49.1, the sole cost to which the Design-Builder will be entitled for the Change will be equal to the aggregate of:
(a) all reasonable and proper amounts actually expended by or legally payable by the Design-Builder in respect of the labour, equipment or material (supported by invoices, purchase orders, timesheets and other customary industry documentation) that are directly attributable to the subject matter of the Change and that are within one of the classes of expenditures described in Section 49.3; plus
(b) to cover other costs, including overhead and profit, the following applicable markup on the amounts charged pursuant to Section 49.2(a):
(i) 5%, when the expenditure is a payment to a Subcontractor pursuant to Section 49.3(a); or
(ii) 10% when the Design-Builder performed the Change.
49.3 Classes of expenditure that are allowable (all without additional markups except as otherwise noted in Section 49) for the purposes of Section 49.2 are:
(a) payments to Subcontractors, including a maximum aggregate markup of 10% on the direct labour, equipment and material costs of the Subcontractors who directly perform the Change;
(b) wages, salaries and reasonable and traveling expenses of employees of the Design- Builder while they are actually and properly engaged on the Work, other than wages, salaries, bonuses, reasonable living and travelling expenses of personnel of the Design- Builder generally employed at the head office, or at a general office, of the Design-Builder unless such personnel is engaged at the site of the Work, with the approval of the Owner;
(c) payments for materials necessary for and incorporated in the Work or necessary for and consumed in the performance of the Work;
(d) payment for equipment necessary for and incorporated in the Work;
(e) payments for tools, other than tools customarily provided by tradespersons, necessary for and used in the performance of the Work;
(f) payments for preparation, inspection, delivery, installation, commissioning and removal of equipment and materials necessary for the performance of the Work;
(g) assessments payable under any st...
Determination of Cost. An increase or decrease in the Contract Price resulting from a change in the Work shall be determined by one or more of the following methods:
Determination of Cost. An increase or decrease in a GMP resulting from a change in the Work shall be determined by one or more of the following methods:
A. Unit prices set forth in this Agreement or as subsequently agreed.
B. Mutually accepted, itemized lump sum.
C. Costs determined as defined in Article 3 above.
D. If an increase or decrease cannot be agreed to as set forth in Subsections 8.4(A) and (B) and the City issues a written order for the Construction Manager to proceed with the change, the cost of the change in the Work shall be determined by the reasonable expense or savings of the performance of the Work resulting from the change.
Determination of Cost. The amount of the increase or decrease in the Contract Price from a CO or COR, if any, shall be determined in one or more of the following ways as applicable to a specific situation:
a. Mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to permit evaluation. If an agreement cannot be reached within fifteen (15) days after submission and negotiation of Contractor’s proposal, Contractor may submit pursuant to Paragraph 7.7.3. Submission of sums which have no basis in fact are at the sole risk of Contractor and may be a violation of the False Claims Act set forth under Government Code Section 12650 et. seq.);
1. If the Owner objects to 7.7.2(a) as a method for submission due to inaccuracies in the submitted amount, overstatement of manpower or time required to perform the CO, or unreliability of the data provided, the Owner may either have the Architect or a professional estimator determine the cost for the CO, and the applicable time extension, or the Contractor shall utilize Paragraph 7.7.2(d) or 7.7.3.
2. Once the Owner provides a written objection to use of Article 7.7.2
(a) due to unreliability of the estimated price, the Contractor shall no longer utilize mutual acceptance of a lump sum as a method for submission of CO's and shall provide a breakdown of estimated or actual costs pursuant to Article 7.7.2(d) or 7.7.3
b. By unit prices contained in Contractor’s original bid and incorporated in the Project documents or fixed by subsequent agreement between Owner and Contractor;
c. Cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or percentage fee. However, in the case of disagreement, Contractor must utilize the procedure under section 7.7.3; or
d. By cost of material and labor and percentage of overhead and profit. If the value is determined by this method the following requirements shall apply:
Determination of Cost. An increase or decrease in the Job Order Contractor’s compensation resulting from a change in the Work shall be determined by one or more of the following methods: (A) unit prices set forth in this Contract or as subsequently agreed; (B) mutually accepted, itemized lump sum; (C) costs determined as defined in Article 3 above; or
Determination of Cost. 9.5.1 An increase or decrease in the GMP and/or estimated Cost of the Work resulting from a change in the Work shall be determined be Time and Material Costs per Exhibit B as defined in Paragraph 7.2, Article 8 and subparagraph 7.
9.5.2 If the Owner and the Design-Builder disagree as to whether work required by the Owner is within the scope of the Work, the Design-Builder shall furnish the Owner with an estimate of the costs to perform the disputed work in accordance with the Owner's interpretations. If the Owner issues a written order for the Design-Builder to proceed, the Design-Builder shall perform the disputed work and the Owner shall pay the Design-Builder fifty percent (50%) of its estimated cost to perform the work. In such event, both parties reserve their rights as to whether the work was within the scope of the Work. The Owner's payment does not prejudice its right to be reimbursed should it be determined that the disputed work was within the scope of Work. The Design-Builder's receipt of payment for the disputed work does not prejudice its right to receive full payment for the disputed work should it be determined that the disputed work is not within the scope of the Work.
Determination of Cost. The amount of the increase or decrease in the Contract Price resulting from a CO, if any, shall be determined in one or more of the following ways as applicable to a specific situation, at the District’s sole option:
(1) Mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to permit evaluation;
(2) Unit prices stated in the Contractor’s original bid, the Contract Documents, or subsequently agreed upon between the District and the Contractor;
(3) Cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or percentage fee; or
(4) By cost of labor and materials and percentage thereof as overhead and profit.
Determination of Cost. The terms and conditions of the Wetlands Mitigation Agreement Shall include the payment of wetland credits by the developer to the PDA. The cost of the Wetlands credits shall he based on the cost of implementing the mitigation project, but in no case shall be less than $3.00/SF of approved impact with a $1500 minimum fee.
