DISTRICT CONTINGENCY. 8.1 The District Contingency is an allowance for use by the District that can be used to pay the Contractor to perform additional services (“Additional Services”) not described in this Construction Services Agreement. This District Contingency is outside of the GMP, is not part of the original bond, except to the extent that District contingency is utilized as a Change to the Contract under Article 17, and may be used for Owner requested additions, revisions to the Project, moving furniture or equipment, and other District unforeseen items. Contractor shall provide a cost estimate and a written description of the Additional Services required to perform such work. The District shall set aside a contingency amount outside the GMP, defined at Article 5 (“District Contingency”) in the amount set forth at Article 3, which District Contingency shall be used for such Additional Services. Compensation for such Additional Services shall be negotiated and agreed upon in writing, in advance of Contractor’s performing or contracting for such Additional Services. Nothing in this Construction Services Agreement shall be construed as limiting the valuation and amount to be paid to Contractor for such Additional Services or its implementation should a written agreement for such services be executed. Contractor shall not be entitled to compensation for Additional Services required as a result of Contractor’s acts, errors or omissions. Further any Architectural Errors and Omissions shall not come out of District Contingency unless agreed upon in writing by the District in its sole discretion.
8.2 Additionally, while District is in no way limited by the manner in which it decides to utilize the District Contingency, said District Contingency shall not be used for any costs associated with errors or omissions in the Construction Documents until such time, if ever, the Errors and Omissions Contingency has been fully exhausted. Any funds remaining in the District Contingency at the completion of the Project shall remain unspent and remain allocated to the District.
DISTRICT CONTINGENCY. 2.1.9.2.1 The Guaranteed Maximum Price includes a District Contingency of Two percent (2.0%) of the Direct Cost for unforeseen conditions and potential additional construction costs.
2.1.9.2.2 The District Contingency may be used at the sole discretion of the District.
2.1.9.2.3 The unused portion of the District Contingency shall be considered as cost savings and retained by the District at the end of the Project.
DISTRICT CONTINGENCY. The District in its sole discretion may hold, outside of the Contract and outside of the Final GMP, a contingency amount for the benefit of the District and the Project (“District Contingency”) in any amount as determined by the District in its sole discretion. As directed by the District, the District Contingency may be used to pay costs for which the District is or might be responsible and that are attributable to: (i) errors, omissions, or other discrepancies in the Drawings and Specifications, other than those that the Contractor reasonably should have discovered during performance of the Preconstruction Services or prior to commencing the Work; (ii) changes in any applicable federal, State or local laws, ordinances, codes, rules, regulations, standards, orders, and other requirements of any governmental and quasi-governmental entities with competent jurisdiction (each a “Legal Requirement”) that adversely affect the performance of the Work; (iii) unknown site conditions not reasonably discoverable by the Contractor at any time prior to issuance of the Notice to Proceed; (iv) fires, windstorms, floods, earthquakes, or other acts of nature; or (v) changes in the Work or increases in the cost of the Work resulting from any of the foregoing or other causes. The District shall be entitled to retain any and all of the District Contingency remaining after completion of all Work.
DISTRICT CONTINGENCY. There shall be a District Contingency for the exclusive use of the District within the GMP in the event the District requests Contractor to perform any additional services (“Additional Services”) not described in this Construction Services Agreement. The District shall set aside a contingency amount of representing ( %) of the GMP for the Project (“District Contingency”). If such Additional Services are requested by the District, Contractor shall provide a cost estimate and a written description of the Additional Services required to perform such work in accordance with the provisions of Section 9 below. Compensation for such Additional Services from the District Contingency shall be negotiated and agreed upon in writing, in advance of Contractor’s performing or contracting for such Additional Services and paid to Contractor in accordance with the provisions of this Agreement. In the absence of such written agreement, District will not compensate Contractor for such work, and Contractor will not be required to perform it. Nothing in this Construction Services Agreement shall be construed as limiting the valuation and amount to be paid to Contractor for such Additional Services or its implementation should a written agreement for such services be executed. Contractor shall not be entitled to compensation from the District Contingency for Additional Services required as a result of Contractor’s acts, errors, or omissions. The District shall, in its sole discretion, be in no way limited by the manner in which it decides to utilize the District Contingency. Any funds remaining in the District Contingency at the completion of the Project that remain unspent shall belong to the District.
