Common use of Fixed Fees Clause in Contracts

Fixed Fees. The Owner shall pay the Private Entity Fixed Fees, which consist of the architecture and engineering fees and general contracting fees stated in Exhibit D. The Fixed Fees include all compensation payable by Owner to Private Entity beyond Reimbursable Costs for the Services and are intended to compensate for the Private Entity's and Prime Construction Contractor’s home office support, overhead costs, and profit for the Project and for all design professional, including (A-E), services. The Fixed Fees will not vary with either the estimated cost or actual cost of construction of the Project except as expressly allowed in this 5.4. The components of the Fixed Fees below will be increased when a Change in the Project scope, schedule or cost of performance results in an increase in the reimbursable costs, such as an increase in materials, labor, supervision, management, architecture or engineering man-hours, or increased insurance costs. The Fixed Fees will not be reduced unless the Owner’s Representative reasonably requires an equitable reduction in the Fixed Fees for any Change that reduces the Scope of Work, provided that such costs have not been incurred prior to the equitable reduction. a. Architect-Engineer (A-E) Services for Design, Construction Documents and During Construction: This component of the Fixed Fees covers the design and preparation of Construction Documents. . The A-E will provide coordination with all jurisdictions, authorities, planning and zoning, and building officials to obtain all necessary input, approvals and permits. This component of the Fixed Fees also covers construction administration by the A-E and includes, but is not limited to, review of shop drawings and samples, field interpretation of Construction Documents, preparation of required clarification drawings, and participation in quality control activities.

Fixed Fees. The Owner shall pay the Private Entity Fixed Fees, which consist of the architecture and engineering fees, pre-construction fees and expenses, and general contracting fees stated in Exhibit D. C. The Fixed Fees include all compensation payable by Owner to Private Entity beyond Reimbursable Costs for the Services and are intended to compensate for the Private Entity's and Prime Construction Contractor’s home office support, overhead costs, and profit for the Project and for all design professional, including (A-E), services. The Fixed Fees will not vary with either the estimated cost or actual cost of construction of the Project except as expressly allowed in this 5.4. The components of the Fixed Fees below will may be increased (i) pursuant to the terms of Section 2.1.2 (entitled Design Freeze) of Exhibit K, or (ii) when a significant Change in the Project scope, schedule or cost of performance results in an a significant increase in the reimbursable costsReimbursable Costs, such as an significant increase in materials, labor, supervision, management, architecture or engineering man-hours, or increased insurance costs. The Fixed Fees will not be reduced unless the Owner’s Representative reasonably requires an equitable reduction in the Fixed Fees for any Change that significantly reduces the Scope scope of the Work, provided that such costs have not been incurred prior to the equitable reduction. a. Architect-Engineer (A-E) E Services for Design, Construction Documents and During Construction: This component of the Fixed Fees covers the design and preparation of Construction Documents. . The A-E will provide coordination with all jurisdictions, authorities, planning and zoning, and building officials to obtain all necessary input, approvals and permits. This component of the Fixed Fees also covers construction administration by the A-E and includes, but is not limited to, review of shop drawings and samples, field interpretation of Construction Documents, preparation of required clarification drawings, and participation in quality control activities. Notwithstanding the forgoing, the Owner and the Private Entity acknowledge and agree that (1) the Owner has already incurred substantial design costs for the AHS Portion (the “Existing AHS Design Costs”) under a certain agreement by and between the Owner and RRMM Architects, one of the two firms mentioned above in Section 1.1 (the “Existing RRMM Agreement”), (2) the Existing AHS Design Costs are already included in the Fixed Fees and CCL set forth on Exhibit C, (3) under no circumstances shall the Owner pay again any portion of the Existing AHS Design Costs, and (4) the Private Entity shall, upon the full execution of this Agreement, obtain from RRMM Architects the complete termination of the Existing RRMM Agreement, in such form and on such terms as are acceptable to the Owner. b. Contractor Fee during pre-construction and construction: This component of the Fixed Fees covers all pre-construction services, including design reviews, cost estimates, preparation of a GMP, profit on construction plus home office support (including project manager, project engineer, estimator, and purchasing agent) and overhead costs.

Fixed Fees. The Owner shall pay the Private Entity Contractor Fixed Fees, which consist of the architecture and engineering fees, development fees and expenses, and general contracting fees stated in Exhibit D. G. The Fixed Fees include all compensation payable by Owner to Private Entity Contractor beyond Reimbursable Costs for the Services and are intended to compensate for the Private Entity's and Prime Construction Contractor’s home office support, overhead costs, and profit for the Project and for all design professional, including (A-E), professional services. The Fixed Fees will shall not vary with either the estimated cost or actual cost of construction of the Project except as expressly allowed in this Section 5.4. The components of the Fixed Fees in a. through c. below will be increased when a Change in the Project scope, schedule or cost of performance results in an a significant increase in the reimbursable direct costs, such as an increase in materials, labor, supervision, management, architecture or engineering man-hours, hours or increased insurance costs. The Fixed Contractor’s Fees will not be reduced unless the Owner’s Representative reasonably requires an equitable reduction in and Expenses: This component of the Fixed Fees for any Change that reduces includes all labor and material costs and fee to manage the Scope development and construction process including, without limitation, management of Workthe design, provided that such costs have not been incurred prior construction, and permitting, and to prepare the equitable reduction. a. Guaranteed Maximum Price. This component of the Fixed Fees covers all work in connection with development activities. Architect-Engineer (A-E) Fees and Expenses for Services for Design, Construction Documents and During Construction: This component of the Fixed Fees covers the design and preparation of Schematic Design, Design Development, and Construction Documents. . The A-E will provide coordination with all jurisdictions, authorities, planning and zoning, and building officials to obtain all necessary input, approvals and permits. This component of the Fixed Fees also covers construction administration by the A-E and includes, but is not limited to, review of shop drawings Shop Drawings and samples, field interpretation of Construction Documents, preparation of required clarification drawingsDrawings, and participation in quality control activities. General Contractor Fee during Construction: This component of the Fixed Fees covers profit on construction plus home office support (including Project Manager, Assistant Project Manager, Estimator, and Purchasing Staff) and overhead costs.