Common use of DISTRICT CONTINGENCY Clause in Contracts

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.

Appears in 12 contracts

Samples: Construction Services Agreement, Construction Services Agreement, Construction Services Agreement

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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, or at District’s discretion. 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.

Appears in 1 contract

Samples: School Modernization Projects Master Construction Services Agreement

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DISTRICT CONTINGENCY. 8.1 The There shall be a District Contingency is an allowance for the exclusive use by of the District that can be used to pay within the GMP in the event the District requests Contractor to perform any additional services (“Additional Services”) not described in this Construction Services Agreement. This The District Contingency is outside shall set aside a contingency amount of representing ( %) of the GMPGMP for the Project (“District Contingency”). If such Additional Services are requested by the District, 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 work in accordance with 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 Servicesprovisions 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 ServicesServices 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 errors, or omissions. Further any Architectural Errors and Omissions shall not come out of The District Contingency unless agreed upon in writing by 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.

Appears in 1 contract

Samples: Construction Services Agreement

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