Common use of Payments to Construction Manager Clause in Contracts

Payments to Construction Manager. 9.1 In consideration of the performance of the Agreement, the Owner agrees to pay the Construction Manager as compensation for its services as set forth below: 9.1.1 Construction Services $ To be determined as assigned 9.1.2 Total Guaranteed Maximum Price $ To be determined as assigned 9.2 Upon receipt of the Notice-to-Proceed, the Construction Manager shall begin providing the indemnification described in Paragraph 3.18 of the Owner’s General Conditions of the Construction Contract. The Construction Manager acknowledges that ten dollars ($10.00) has been included in the fee proposal for construction services for the purpose of providing indemnifications. 9.3 Progress payments shall be paid monthly to the Construction Manager. The pay application shall be submitted in a form acceptable to the Owner, on or about the first (1st) day of each calendar month and shall be paid by the Owner within thirty calendar days of submittal. The application for payment shall be reviewed and certified by the Architect. Monthly pay request shall include the cost of the work completed and the Construction Manager’s fee. 9.4 As required by Section 287.0585, Florida Statutes, within seven (7) working days from receipt of payment from the Owner, the Construction Manager shall pay each Trade Contractor out of the amount paid to the Construction Manager on account of such Trade Contractor’s Work, the amount to which said Trade Contractor is entitled reflecting the percentage actually retained, if any, from payments to the Construction Manager on account of said Trade Contractor’s Work. The Construction Manager shall, by appropriate agreement with each Trade Contractor, require each Trade Contractor to make payments to its subcontractors in a similar manner. 9.5 The following certification shall be included with the Construction Manager’s final pay request. “I certify that all direct purchases by the Xxxx County School Board for this project have been closed out or settled prior to the request for purchase order cancellations. All required materials have been received and no further activity will be required on this/these purchase order(s)”. 9.6 The Construction Manager’s fee for costs approved by the Owner that exceed the GMP amount will be the same (%) as in the original GMP proposal. 9.7 For delays in the Project caused by the Owner or other events beyond the control of the Construction Manager, the Construction Manager shall be entitled to an additional fee to compensate the Construction Manager for its expenses. Extensions in time due to the weather are not compensable or included. The Construction Manager’s fee for such costs will be the same (%) as in the original GMP proposal. 9.8 Retainage in the amount of five percent (5%) shall be withheld until the Work is complete. Upon Xxxx County School Board approval of request for release of retainage at Final Payment, and upon receipt of all close-out documents, as applicable, the final payment will be processed. (255.078, Florida Statutes and 715.12 Florida Statutes.)

Payments to Construction Manager. 9.1 In consideration of the performance of the Agreement, the Owner agrees to pay the Construction Manager as compensation for its services as set forth below: 9.1.1 Construction Services $ To be determined as assigned 9.1.2 Total Guaranteed Maximum Price $ To be determined as assigned 9.2 Upon receipt of the Notice-to-Proceed, the Construction Manager shall begin providing the indemnification described in Paragraph 3.18 of the Owner’s General Conditions of the Construction Contract. The Construction Manager acknowledges that ten dollars ($10.00) has been included in the fee proposal for construction services for the purpose of providing indemnifications. 9.3 Progress payments shall be paid monthly to the Construction Manager. The pay application shall be submitted in a form acceptable to the Owner, on or about the first (1st) day of each calendar month and shall be paid by the Owner within thirty calendar days of submittal. The application for payment shall be reviewed and certified by the Architect. Monthly pay request shall include the cost of the work completed and the Construction Manager’s fee. 9.4 As required by Section 287.0585, Florida Statutes, within seven fourteen (714) working days from receipt of payment from the Owner, the Construction Manager shall pay each Trade Contractor out of the amount paid to the Construction Manager on account of such Trade Contractor’s Work, the amount to which said Trade Contractor is entitled reflecting the percentage actually retained, if any, from payments to the Construction Manager on account of said Trade Contractor’s Work. The Construction Manager shall, by appropriate agreement with each Trade Contractor, require each Trade Contractor to make payments to its subcontractors in a similar manner. 9.5 The following certification shall be included with the Construction Manager’s final pay request. “I certify that all direct purchases by the Xxxx County School Board for this project have been closed out or settled prior to the request for purchase order cancellations. All required materials have been received and no further activity will be required on this/these purchase order(s)”. 9.6 The Construction Manager’s fee for costs approved by the Owner that exceed the GMP amount will be the same (%) as in the original GMP proposal. 9.7 For delays in the Project caused by the Owner or other events beyond the control of the Construction Manager, the Construction Manager shall be entitled to an additional fee to compensate the Construction Manager for its expenses. Extensions in time due to the weather are not compensable or included. The Construction Manager’s fee for such costs will be the same (%) as in the original GMP proposal. 9.8 Retainage in the amount of five percent (5%) shall be withheld until the Work is complete. Upon Xxxx County School Board approval of request for release of retainage at Final Payment, and upon receipt of all close-out documents, as applicable, the final payment will be processed. (255.078, Florida Statutes and 715.12 Florida Statutes.)

Payments to Construction Manager. 9.1 7.1 In consideration of the performance of the this Agreement, the Owner agrees to pay the Construction Manager Manager, as compensation for its services as services, the amounts set forth belowin the GMP Proposal or Purchase Order for each Project, as may be adjusted by Change Order. 7.2 The Owner shall pay, and the Construction Manager shall accept, as full payment for the services provided, only the sum of the GMP Proposal or Purchase Order which sum shall not exceed the GMP as may be adjusted by Change Order: 9.1.1 Construction Services $ To be determined as assigned 9.1.2 Total Guaranteed Maximum Price $ To be determined as assigned 9.2 7.3 Upon receipt issuance of the Notice-to-a Purchase Order or Notice to Proceed, the Construction Manager guarantees that the sum of the actual components of the GMP Proposal shall begin not exceed the amount set forth in the agreed upon GMP, as adjusted by Change Order(s). All costs or expenses that would cause this sum to exceed the GMP shall be borne by the Construction Manager unless adjusted by Owner approved Change Order(s). 7.4 Based upon the Pay Request AIA G702 and Schedule of Values per AIA G703 submitted by the Construction Manager to the Architect and Certificates of Payment, the Owner shall make progress payments on account of each Project Purchase Order to the Construction Manager as provided below and elsewhere in the Contract Documents: 7.4.1 The period covered by each Pay Request shall be one calendar month ending on the last day of the month. 7.4.2 Construction Managers providing goods and services to the indemnification described Owner should be aware of the following time frames. Upon receipt, the Owner has twenty (20) calendar days to inspect and approve the goods and services. Payment is due 25 business days after the date on which the payment request or invoice is stamped as received as provided in Paragraph 3.18 Florida Statute 216.74. Pay Requests which have to be returned to a Construction Manager because of Construction Manager’s preparation errors will result in a delay in the payment to allow for the correction of such error. The Pay Requests payment requirements do not start until a properly completed Pay Request is certified by the Architect and received by the Owner. If Owner believes any such Pay Request is not properly completed, Owner shall communicate same to Architect in writing within five (5) das after receipt of such Pay Request. If Architect determines the Pay Request to have been properly completed, the Pay Request payment requirements start on the date the Pay Request was received by the Owner. If Architect determines the Pay Request to be improperly completed, Architect shall collaborate with Construction Manager to obtain a corrected/revised Pay Request. In such event, the Pay Request payment requirements for such Pay Request do not start until receipt by Owner of the corrected/revised Pay Request which has been certified by the Architect 7.4.3 Ten percent (10%) retainage shall be held on all payments until the Work under each Purchase Order if fifty percent (50%) complete. At 50% completion, the Owner may, at his sole and absolute discretion, approve a request by Construction Manager for a reduction in retainage from 10% to no less than 5%. 7.4.4 Final payment constituting the unpaid balance of the Cost of each Project and the Construction Manager’s Fee, shall be due and payable, in accordance with Article 7.4.2, after the applicable Project has received it certificate of occupancy, the Owner has accepted occupancy of said Project, provided that the Project be then finally completed and the Project has been finally performed and Substantial Completion has ben obtained. However, if there should remain minor work to be completed, and Owner consents, the Construction Manager and the Architect shall list those items prior to receiving final payment and the Owner may retain a sum equal to 200% of the estimated cost of completing any unfinished work and portion of the Construction Manager’s retainage, provided that said unfinished items are listed separately and the estimated cost of completing any unfinished items are likewise listed separately. Thereafter, the Owner shall pay to the Construction Manager, monthly, the amount retained for each incomplete item after each of said items is completed. Before issuance of final payment without any retainage, the Construction Manager shall submit satisfactory evidence that all payrolls, material bills, release of liens, and other indebtedness connected with the Project have been paid or otherwise satisfied, warranty information is complete, as-built markups have been submitted and instruction for the Owner’s operating and maintenance personnel is complete. 7.5 Construction Manager shall pay each Subcontractor as provided below and elsewhere in the Contract Documents: 7.5.1 When the Construction Manager receives payment from the Owner for labor, services or materials furnished by subcontractors and suppliers hired by the Construction Manager for the Project, the Construction Manager shall remit payment due to those subcontractors and suppliers, less the value of any item contested, within 10 calendar days after the Construction Manager’s receipt of payment from the Owner. 7.5.2 When the subcontractor receives payment from the Construction Manager for labor, services or materials furnished by subcontractors and suppliers hired by the subcontractor for the Project, the subcontractor shall remit payment due to those subcontractors and suppliers, less the value of any item contested, within 10 calendar days after the subcontractor’s receipt of payment. 7.5.3 Final payment may be made to certain selected subcontractors whose work is satisfactorily completed prior to the total completion of the Project but only upon written approval of the Owner’s General Conditions . 7.5.4 Subcontractors, in accordance with the next billing cycle after satisfactory completion of their work on the Project, can invoice the Construction ContractManager for the remainder of unpaid work. The Construction Manager acknowledges that ten dollars ($10.00) has been included in the fee proposal for construction services for the purpose subcontractor shall include a conditional release of providing indemnifications. 9.3 Progress payments shall be paid monthly lien and all appropriate warranties and closeout documentation with this final payment invoice to the Construction Manager. The Construction Manager must include this subcontractor payment request in the next Request for Payment in the pay application cycle to the Architect following receipt of the subcontractor invoice, if deemed to be complete and in compliance with this section. 7.5.5 The Construction Manager shall be submitted in a form acceptable not withhold payments to subcontractors if such payments have been made to the Construction Manager. Should this occur for any reason, the Construction Manager shall immediately return such monies to the Owner, on adjusting pay requests and bookkeeping as required. 7.5.6 These provisions shall not be construed to create a contractual relationship of any kind (1) between the Architect and Construction Manager, (2) between the Owner and a subcontractor or about sub-subcontractor (xx.xx.), (3) between the first Owner and Architect, or (1st4) day between any persons or entities other than the Owner and Construction Manager. 7.5.7 Inasmuch as failure to Substantially Complete the Work within the time fixed in the GMP Proposal or Purchase Order issued for the Work will result in injury to the Owner, and as damages arising from such failure cannot be calculated with any degree of each calendar month and certainty, it is agreed that if the Work is not Substantially completed within the time provided in the GMP Proposal or Purchase Order, or within such further time, if any, as shall be paid allowed for time extensions as approved by the Owner within thirty calendar days of submittal. The application for payment shall be reviewed and certified by the Architect. Monthly pay request shall include the cost of the work completed and the Construction Manager’s fee. 9.4 As required by Section 287.0585, Florida Statutes, within seven (7) working days from receipt of payment from the OwnerChange Order(s), the Construction Manager shall pay each Trade Contractor out to the Owner as liquidated damages for such delays, and not as a penalty, a sum based on the impact of the amount paid to delay on the Owner. The liquidated damages for each Project regarding Substantial Completion are hereby established at $750.00 per calendar day for each day substantial completion is extended beyond the agreed substantial completion date. Owner and Construction Manager on account of such Trade Contractor’s Workagree that (1) if the Work contemplated herein is not substantially complete by the agreed date, the amount Owner will suffer damages which are impossible to which said Trade Contractor is entitled reflecting compute with certainty at this time; (2) the percentage actually retained, if any, from payments to the Owner and Construction Manager have agreed on account a liquidated damages rate as provided herein; (3) imposition of said Trade Contractor’s Work. The Construction Manager shall, by appropriate agreement with each Trade Contractor, require each Trade Contractor to make payments to its subcontractors in a similar manner. 9.5 The following certification which shall be included with the Construction Manager’s final pay request. “I certify that all direct purchases by the Xxxx County School Board for this project have been closed out or settled prior to the request for purchase order cancellations. All required materials have been received and no further activity will be required on this/these purchase order(s)”. 9.6 The Construction Manager’s fee for costs approved by sole remedy of the Owner that exceed for delays; and (4) the GMP amount will be the same (%) as in the original GMP proposal. 9.7 For delays in the Project caused liquidated damages provided herein are for damages incurred by the Owner or other events beyond the control of the Construction Manageronly, the Construction Manager shall be entitled to an additional fee to compensate the Construction Manager for its expenses. Extensions in time due to the weather and are not compensable or included. The Construction Manager’s fee for such costs will be the same (%) as in the original GMP proposala penalty. 9.8 Retainage in the amount of five percent (5%) shall be withheld until the Work is complete. Upon Xxxx County School Board approval of request for release of retainage at Final Payment, and upon receipt of all close-out documents, as applicable, the final payment will be processed. (255.078, Florida Statutes and 715.12 Florida Statutes.)

Payments to Construction Manager. 9.1 In consideration of the performance of the Agreement, the Owner agrees to pay the Construction Manager as compensation for its services as set forth below: 9.1.1 Construction Services $ To be determined as assigned 9.1.2 Total Guaranteed Maximum Price $ To be determined as assigned 9.2 Upon receipt of the Notice-to-Proceed, the Construction Manager shall begin providing the indemnification described in Paragraph 3.18 of the Owner’s General Conditions of the Construction Contract. The Construction Manager acknowledges that ten dollars ($10.00) has been included in the fee proposal for construction services for the purpose of providing indemnifications. 9.3 Progress payments shall be paid monthly to the Construction Manager. The pay application shall be submitted in a form acceptable to the Owner, on or about the first (1st) day of each calendar month and shall be paid by the Owner within thirty calendar days of submittal. The application for payment shall be reviewed and certified by the Architect. Monthly pay request shall include the cost of the work completed and the Construction Manager’s fee. 9.4 As required by Section 287.0585, Florida Statutes, within seven fourteen (714) working days from receipt of payment from the Owner, the Construction Manager shall pay each Trade Contractor out of the amount paid to the Construction Manager on account of such Trade Contractor’s Work, the amount to which said Trade Contractor is entitled reflecting the percentage actually retained, if any, from payments to the Construction Manager on account of said Trade Contractor’s Work. The Construction Manager shall, by appropriate agreement with each Trade Contractor, require each Trade Contractor to make payments to its subcontractors in a similar manner. 9.5 The following certification shall be included with the Construction Manager’s final pay request. “I certify that all direct purchases by the Xxxx Leon County School Board for this project have been closed out or settled prior to the request for purchase order cancellations. All required materials have been received and no further activity will be required on this/these purchase order(s)”. 9.6 The Construction Manager’s fee for costs approved by the Owner that exceed the GMP amount will be the same (%) as in the original GMP proposal. 9.7 For delays in the Project caused by the Owner or other events beyond the control of the Construction Manager, the Construction Manager shall be entitled to an additional fee to compensate the Construction Manager for its expenses. Extensions in time due to the weather are not compensable or included. The Construction Manager’s fee for such costs will be the same (%) as in the original GMP proposal. 9.8 Retainage in the amount of five percent (5%) shall be withheld until the Work is complete. Upon Xxxx Leon County School Board approval of request for release of retainage at Final Payment, and upon receipt of all close-out documents, as applicable, the final payment will be processed. (255.078, Florida Statutes and 715.12 Florida Statutes.)