Common use of Shared-Savings Change Order Clause in Contracts

Shared-Savings Change Order. Unless otherwise provided in the GMP Amendment, no more than 30 days before final payment to the CM, the parties shall execute a Change Order to reduce the Contract Sum by an amount equal to (1) 100 percent of the funds then remaining in the CM’s Contingency plus (2) an associated reduction of the CM’s Fee in an amount equal to «insert CM Fee percentage from Section 3.5 of this Agreement» percent of the amount by which the Contract Sum is reduced on account of return of the CM’s Contingency. The CM shall propose the amount of the CM’s Fee as a part of the proposed GMP Amendment; provided, however, that the CM’s Fee shall not exceed an amount equal to the below-indicated percentage of the associated Cost of the Work plus the CM’s Contingency, both as identified by the CM in the proposed GMP Amendment: «insert description» «insert percentage»% «insert description» «insert percentage»% «insert description» «insert percentage»% «insert description» «insert percentage»% If the parties cannot agree on a Contract Sum, the Contracting Authority may terminate the Contract for convenience. If the Contracting Authority thereafter decides to pursue the Project using the Multiple-Prime Contract with Construction Manager Adviser project-delivery method and to enter into a related construction-management agreement with the CM, the CM’s Fee under that contract shall not exceed «insert CM Adviser Fee percentage» percent. The Contracting Authority is not obligated to offer or enter into a Construction Manager Adviser contract with the CM for the Project. - Key Personnel The CM’s key personnel for the Project are: «insert name», Project Manager; «insert name», Lead Scheduling Engineer; «insert name», Lead Estimator; «insert name», General Superintendent. The CM’s key personnel are authorized to act on the CM’s behalf with respect to the Project and all matters concerning the Project. - Consultants The CM’s Consultants for the Project are: «insert discipline»: «insert firm name» «insert firm address» «insert firm address» «insert consultant contact name, title» «insert consultant contact name, title» «insert consultant contact name, title» «insert discipline»: «insert firm name» «insert firm address» «insert firm address» «insert consultant contact name, title» «insert consultant contact name, title» «insert consultant contact name, title» The CM may provide a portion of the Work through one or more Consultants, provided, however, the CM will remain responsible for all duties and obligations of the CM under the Contract. If the CM engages a Design-Assist Firm, that entity (1) will be considered a Consultant under the Contract during the Preconstruction Stage and (2) before that entity performs any Work during the Construction Stage, it shall be subject to all Applicable Law and Contract provisions concerning the prequalification, bidding, selection, and engagement of Subcontractors and shall enter into a Subcontract with the CM. By appropriate written agreement, the CM shall require each Consultant, to the extent of the Consultant’s portion of the Work, to be bound to the CM by the terms of the Contract, and to assume toward the CM all of the obligations and responsibilities which the CM assumes toward the Contracting Authority and Owner. The CM shall not retain any Consultant on terms inconsistent with the Contract. All agreements between the CM and a Consultant shall identify the School District Board and Commission as the agreement’s intended third-party beneficiaries. The Contracting Authority’s receipt and approval of a copy of the agreement between the CM and a Consultant is a condition precedent to the Owner’s obligation to pay the CM on account of the Consultant’s services. The Owner has no obligation to pay or see to the payment of money to any Consultant except as otherwise required under Applicable Law. The CM shall obtain the Contracting Authority’s written approval before engaging any Consultant not named above. The CM shall not employ any Consultant against whom the Contracting Authority has a reasonable objection. The Contracting Authority’s approval or disapproval of any Consultant, however, will not relieve the CM of the CM’s full responsibility for the performance of the Work. The CM shall not remove any Consultant from the Project or reduce the extent of any Consultant’s participation in the Work without the Contracting Authority’s prior written consent. The CM shall not permit any Consultant to replace any previously identified team member except with the Contracting Authority’s prior written consent unless the Consultant ceases to employ that person. On notice from the Contracting Authority, the CM shall immediately and permanently remove from the Project any Consultant or person under a Consultant’s control whose performance is not satisfactory to the Contracting Authority. The Contracting Authority may communicate with any Consultant either through the CM or directly with the Consultant, but the Contracting Authority may not modify the contract between the CM and any Consultant. The CM hereby assigns to the Contracting Authority each Consultant’s agreement provided that the assignment is effective only after the Contracting Authority terminates the Contract and only for those agreements which the Contracting Authority accepts by notifying the Consultant and CM in writing. The Contracting Authority may re-assign accepted agreements. - General Provisions

Shared-Savings Change Order. Unless otherwise provided in the GMP Amendment, no more than 30 days before final payment to the CM, the parties shall execute a Change Order to reduce the Contract Sum by an amount equal to (1) 100 percent of the funds then remaining in the CM’s Contingency plus (2) an associated reduction of the CM’s Fee in an amount equal to «insert CM Fee percentage from Section 3.5 of this Agreement» percent of the amount by which the Contract Sum is reduced on account of return of the CM’s Contingency. The CM shall propose the amount of the CM’s Fee as a part of the proposed GMP Amendment; provided, however, that the CM’s Fee shall not exceed an amount equal to the below-indicated percentage «insert CM Fee percentage» percent of the associated sum of the Cost of the Work plus the CM’s Contingency, both as identified by the CM in the proposed GMP Amendment: «insert description» «insert percentage»% «insert description» «insert percentage»% «insert description» «insert percentage»% «insert description» «insert percentage»% . If the parties cannot agree on a Contract Sum, the Contracting Authority may terminate the Contract for convenience. If the Contracting Authority thereafter decides to pursue the Project using the Multiple-Prime Contract with Construction Manager Adviser project-delivery method and to enter into a related construction-management agreement with the CM, the CM’s Fee under that contract shall not exceed «insert CM Adviser Fee percentage» percent. The Contracting Authority is not obligated to offer or enter into a Construction Manager Adviser contract with the CM for the Project. - Key Personnel The CM’s key personnel for the Project are: «insert name», Project Manager; «insert name», Lead Scheduling Engineer; «insert name», Lead Estimator; «insert name», General Superintendent. The CM’s key personnel are authorized to act on the CM’s behalf with respect to the Project and all matters concerning the Project. - Consultants The CM’s Consultants for the Project are: «insert discipline»: «insert firm name» «insert firm address» «insert firm address» «insert consultant contact name, title» «insert consultant contact name, title» «insert consultant contact name, title» «insert discipline»: «insert firm name» «insert firm address» «insert firm address» «insert consultant contact name, title» «insert consultant contact name, title» «insert consultant contact name, title» The CM may provide a portion of the Work through one or more Consultants, provided, however, the CM will remain responsible for all duties and obligations of the CM under the Contract. If the CM engages a Design-Assist Firm, that entity (1) will be considered a Consultant under the Contract during the Preconstruction Stage and (2) before that entity performs any Work during the Construction Stage, it shall be subject to all Applicable Law and Contract provisions concerning the prequalification, bidding, selection, and engagement of Subcontractors and shall enter into a Subcontract with the CM. By appropriate written agreement, the CM shall require each Consultant, to the extent of the Consultant’s portion of the Work, to be bound to the CM by the terms of the Contract, and to assume toward the CM all of the obligations and responsibilities which the CM assumes toward the Contracting Authority and Owner. The CM shall not retain any Consultant on terms inconsistent with the Contract. All agreements between the CM and a Consultant shall identify the School District Board Contracting Authority and Commission Owner as the agreement’s intended third-party beneficiaries. The Contracting Authority’s receipt and approval of a copy of the agreement between the CM and a Consultant is a condition precedent to the Owner’s obligation to pay the CM on account of the Consultant’s services. The Owner has no obligation to pay or see to the payment of money to any Consultant except as otherwise required under Applicable Law. The CM shall obtain the Contracting Authority’s written approval before engaging any Consultant not named above. The CM shall not employ any Consultant against whom the Contracting Authority has a reasonable objection. The Contracting Authority’s approval or disapproval of any Consultant, however, will not relieve the CM of the CM’s full responsibility for the performance of the Work. The CM shall not remove any Consultant from the Project or reduce the extent of any Consultant’s participation in the Work without the Contracting Authority’s prior written consent. The CM shall not permit any Consultant to replace any previously identified team member except with the Contracting Authority’s prior written consent unless the Consultant ceases to employ that person. On notice from the Contracting Authority, the CM shall immediately and permanently remove from the Project any Consultant or person under a Consultant’s control whose performance is not satisfactory to the Contracting Authority. The Contracting Authority may communicate with any Consultant either through the CM or directly with the Consultant, but the Contracting Authority may not modify the contract between the CM and any Consultant. The CM hereby assigns to the Contracting Authority each Consultant’s agreement provided that the assignment is effective only after the Contracting Authority terminates the Contract and only for those agreements which the Contracting Authority accepts by notifying the Consultant and CM in writing. The Contracting Authority may re-assign accepted agreements. - General Provisions

Shared-Savings Change Order. Unless otherwise provided in the GMP Amendment, no more than 30 days before final payment to the CM, the parties shall execute a Change Order to reduce the Contract Sum by an amount equal to (1) 100 percent of the funds then remaining in the CM’s Contingency plus (2) an associated reduction of the CM’s Fee in an amount equal to «insert CM Fee percentage from Section 3.5 of this Agreement» percent of the amount by which the Contract Sum is reduced on account of return of the CM’s Contingency. The CM shall propose the amount of the CM’s Fee as a part of the proposed GMP Amendment; provided, however, that the CM’s Fee shall not exceed an amount equal to the below-indicated percentage «insert CM Fee percentage» percent of the associated sum of the Cost of the Work plus the CM’s Contingency, both as identified by the CM in the proposed GMP Amendment: «insert description» «insert percentage»% «insert description» «insert percentage»% «insert description» «insert percentage»% «insert description» «insert percentage»% . If the parties cannot agree on a Contract Sum, the Contracting Authority may terminate the Contract for convenience. If the Contracting Authority thereafter decides to pursue the Project using the Multiple-Prime Contract with Construction Manager Adviser project-delivery method and to enter into a related construction-management agreement with the CM, the CM’s Fee under that contract shall not exceed «insert CM Adviser Fee percentage» percent. The Contracting Authority is not obligated to offer or enter into a Construction Manager Adviser contract with the CM for the Project. - Key Personnel The CM’s key personnel for the Project are: «insert name», Project Manager; «insert name», Lead Scheduling Engineer; «insert name», Lead Estimator; «insert name», General Superintendent. The CM’s key personnel are authorized to act on the CM’s behalf with respect to the Project and all matters concerning the Project. - Consultants The CM’s Consultants for the Project are: «insert discipline»: «insert firm name» «insert firm address» «insert firm address» «insert consultant contact name, title» «insert consultant contact name, title» «insert consultant contact name, title» «insert discipline»: «insert firm name» «insert firm address» «insert firm address» «insert consultant contact name, title» «insert consultant contact name, title» «insert consultant contact name, title» The CM may provide a portion of the Work through one or more Consultants, provided, however, the CM will remain responsible for all duties and obligations of the CM under the Contract. If the CM engages a Design-Assist Firm, that entity (1) will be considered a Consultant under the Contract during the Preconstruction Stage and (2) before that entity performs any Work during the Construction Stage, it shall be subject to all Applicable Law and Contract provisions concerning the prequalification, bidding, selection, and engagement of Subcontractors and shall enter into a Subcontract with the CM. By appropriate written agreement, the CM shall require each Consultant, to the extent of the Consultant’s portion of the Work, to be bound to the CM by the terms of the Contract, and to assume toward the CM all of the obligations and responsibilities which the CM assumes toward the Contracting Authority and Owner. The CM shall not retain any Consultant on terms inconsistent with the Contract. All agreements between the CM and a Consultant shall identify the School District Board and Commission as the agreement’s intended third-party beneficiaries. The Contracting Authority’s receipt and approval of a copy of the agreement between the CM and a Consultant is a condition precedent to the Owner’s obligation to pay the CM on account of the Consultant’s services. The Owner has no obligation to pay or see to the payment of money to any Consultant except as otherwise required under Applicable Law. The CM shall obtain the Contracting Authority’s written approval before engaging any Consultant not named above. The CM shall not employ any Consultant against whom the Contracting Authority has a reasonable objection. The Contracting Authority’s approval or disapproval of any Consultant, however, will not relieve the CM of the CM’s full responsibility for the performance of the Work. The CM shall not remove any Consultant from the Project or reduce the extent of any Consultant’s participation in the Work without the Contracting Authority’s prior written consent. The CM shall not permit any Consultant to replace any previously identified team member except with the Contracting Authority’s prior written consent unless the Consultant ceases to employ that person. On notice from the Contracting Authority, the CM shall immediately and permanently remove from the Project any Consultant or person under a Consultant’s control whose performance is not satisfactory to the Contracting Authority. The Contracting Authority may communicate with any Consultant either through the CM or directly with the Consultant, but the Contracting Authority may not modify the contract between the CM and any Consultant. The CM hereby assigns to the Contracting Authority each Consultant’s agreement provided that the assignment is effective only after the Contracting Authority terminates the Contract and only for those agreements which the Contracting Authority accepts by notifying the Consultant and CM in writing. The Contracting Authority may re-assign accepted agreements. - General Provisions

Shared-Savings Change Order. Unless otherwise provided in the GMP Amendment, no more than 30 days before final payment to the CMDB, the parties shall execute a Change Order to reduce the Contract Sum by an amount equal to (1) 100 percent of the funds then remaining in the CMDB’s Contingency plus (2) an associated reduction of the CMDB’s Fee in an amount equal to «insert CM DB Fee percentage from Section 3.5 3.6 of this Agreement» percent of the amount by which the Contract Sum is reduced on account of return of the CMDB’s Contingency. The CM DB shall propose the amount of the CMConstruction Stage Design-Services Fee as a part of the proposed GMP Amendment; provided, however, that the Construction Stage Design-Services Fee shall not exceed an amount equal to «insert Design-Services Fee percentage» percent of the sum of the Cost of the Work plus DB’s Contingency, both as identified by the DB in the proposed GMP Amendment. The DB shall propose the amount of the DB’s Fee as a part of the proposed GMP Amendment; provided, however, that the CMDB’s Fee shall not exceed an amount equal to the below-indicated percentage «insert DB Fee percentage» percent of the associated sum of the Cost of the Work plus the CMDB’s ContingencyContingency plus Construction Stage Design-Services Fee, both all as identified by the CM DB in the proposed GMP Amendment: «insert description» «insert percentage»% «insert description» «insert percentage»% «insert description» «insert percentage»% «insert description» «insert percentage»% If the parties cannot agree on a Contract Sum, the Contracting Authority may terminate the Contract for convenience. If the Contracting Authority thereafter decides to pursue the Project using the Multiple-Prime Contract with Construction Manager Adviser project-delivery method and to enter into a related construction-management agreement with the CM, the CM’s Fee under that contract shall not exceed «insert CM Adviser Fee percentage» percent. The Contracting Authority is not obligated to offer or enter into a Construction Manager Adviser contract with the CM for the Project. - Key Personnel The CMDB’s key personnel for the Project are: «insert name», Project Manager; «insert name», Lead Scheduling Engineer; «insert name», Lead Estimator; «insert name», General Superintendent. The CMDB’s key personnel are authorized to act on the CMDB’s behalf with respect to the Project and all matters concerning the Project. - Consultants The CMDB’s Consultants for the Project are: «insert discipline»Architect/Engineer of Record: «insert firm name» «insert firm address» «insert firm address» «insert consultant contact name, title» «insert consultant contact name, title» «insert consultant contact name, title» «insert discipline»: «insert firm name» «insert firm address» «insert firm address» «insert consultant contact name, title» «insert consultant contact name, title» «insert consultant contact name, title» The CM DB may provide a portion of the Work through one or more Consultants, provided, however, the CM DB will remain responsible for all duties and obligations of the CM DB under the Contract. If the CM DB engages a Design-Assist Firm, that entity (1) will be considered a Consultant under the Contract during the Preconstruction Stage and (2) before that entity performs any Work during the Construction Stage, it shall be subject to all Applicable Law and Contract provisions concerning the prequalification, bidding, selection, and engagement of Subcontractors engagement, and shall enter into a Subcontract with the CMDB. By appropriate written agreement, the CM DB shall require each Consultant, to the extent of the Consultant’s portion of the Work, to be bound to the CM DB by the terms of the Contract, and to assume toward the CM DB all of the obligations and responsibilities which the CM DB assumes toward the Contracting Authority and Owner. The CM DB shall not retain any Consultant on terms inconsistent with the Contract. All agreements between the CM DB and a Consultant shall identify the School District Board and Commission as the agreement’s intended third-party beneficiaries. The Contracting Authority’s receipt and approval of a copy of the agreement between the CM DB and a Consultant is a condition precedent to the Owner’s obligation to pay the CM DB on account of the Consultant’s services. The Owner has no obligation to pay or see to the payment of money to any Consultant except as otherwise required under Applicable Law. The CM DB shall obtain the Contracting Authority’s written approval before engaging any Consultant not named above. The CM DB shall not employ any Consultant against whom the Contracting Authority has a reasonable objection. The Contracting Authority’s approval or disapproval of any Consultant, however, will not relieve the CM DB of the CMDB’s full responsibility for the performance of the Work. The CM DB shall not remove any Consultant from the Project or reduce the extent of any Consultant’s participation in the Work without the Contracting Authority’s prior written consent. The CM DB shall not permit any Consultant to replace any previously identified team member except with the Contracting Authority’s prior written consent unless the Consultant ceases to employ that person. On notice from the Contracting Authority, the CM DB shall immediately and permanently remove from the Project any Consultant or person under a Consultant’s control whose performance is not satisfactory to the Contracting Authority. The Contracting Authority may communicate with any Consultant either through the CM DB or directly with the Consultant, but the Contracting Authority may not modify the contract between the CM DB and any Consultant. The CM DB hereby assigns to the Contracting Authority each Consultant’s agreement provided that the assignment is effective only after the Contracting Authority terminates the Contract and only for those agreements which the Contracting Authority accepts by notifying the Consultant and CM DB in writing. The Contracting Authority may re-assign accepted agreements. - General Provisions

Shared-Savings Change Order. Unless otherwise provided in the GMP Amendment, no more than 30 days before final payment to the CM, the parties shall execute a Change Order to reduce the Contract Sum by an amount equal to (1) 100 percent of the funds then remaining in the CM’s Contingency plus (2) an associated reduction of the CM’s Fee in an amount equal to «insert CM Fee percentage from Section 3.5 of this Agreement» percent of the amount by which the Contract Sum is reduced on account of return of the CM’s Contingency. The CM shall propose the amount of the CM’s Fee as a part of the proposed GMP Amendment; provided, however, that the CM’s Fee shall not exceed an amount equal to the below-indicated percentage «insert CM Fee percentage» percent of the associated Cost of the Work plus the CM’s Contingency, both as identified by the CM in the proposed GMP Amendment: «insert description» «insert percentage»% «insert description» «insert percentage»% «insert description» «insert percentage»% «insert description» «insert percentage»% . If the parties cannot agree on a Contract Sum, the Contracting Authority University may terminate the Contract for convenience. If the Contracting Authority University thereafter decides to pursue the Project using the Multiple-Prime Contract with Construction Manager Adviser project-delivery method and to enter into a related construction-management agreement with the CM, the CM’s Fee under that contract shall not exceed «insert CM Adviser Fee percentage» percent. The Contracting Authority University is not obligated to offer or enter into a Construction Manager Adviser contract with the CM for the Project. - Key Personnel The CM’s key personnel for the Project are: «insert name», Project Manager; «insert name», Lead Scheduling Engineer; «insert name», Lead Estimator; «insert name», General Superintendent. The CM’s key personnel are authorized to act on the CM’s behalf with respect to the Project and all matters concerning the Project. - Consultants The CM’s Consultants for the Project are: «insert discipline»: «insert firm name» «insert firm address» «insert firm address» «insert consultant contact name, title» «insert consultant contact name, title» «insert consultant contact name, title» «insert discipline»: «insert firm name» «insert firm address» «insert firm address» «insert consultant contact name, title» «insert consultant contact name, title» «insert consultant contact name, title» The CM may provide a portion of the Work through one or more Consultants, provided, however, the CM will remain responsible for all duties and obligations of the CM under the Contract. If the CM engages a Design-Assist Firm, that entity (1) will be considered a Consultant under the Contract during the Preconstruction Stage and (2) before that entity performs any Work during the Construction Stage, it shall be subject to all Applicable Law and Contract provisions concerning the prequalification, bidding, selection, and engagement of Subcontractors and shall enter into a Subcontract with the CM. By appropriate written agreement, the CM shall require each Consultant, to the extent of the Consultant’s portion of the Work, to be bound to the CM by the terms of the Contract, and to assume toward the CM all of the obligations and responsibilities which the CM assumes toward the Contracting Authority and OwnerUniversity. The CM shall not retain any Consultant on terms inconsistent with the Contract. All agreements between the CM and a Consultant shall identify the School District Board and Commission University as the agreement’s intended third-party beneficiariesbeneficiary. The Contracting AuthorityUniversity’s receipt and approval of a copy of the agreement between the CM and a Consultant is a condition precedent to the OwnerUniversity’s obligation to pay the CM on account of the Consultant’s services. The Owner University has no obligation to pay or see to the payment of money to any Consultant except as otherwise required under Applicable Law. The CM shall obtain the Contracting AuthorityUniversity’s written approval before engaging any Consultant not named above. The CM shall not employ any Consultant against whom the Contracting Authority University has a reasonable objection. The Contracting AuthorityUniversity’s approval or disapproval of any Consultant, however, will not relieve the CM of the CM’s full responsibility for the performance of the Work. The CM shall not remove any Consultant from the Project or reduce the extent of any Consultant’s participation in the Work without the Contracting AuthorityUniversity’s prior written consent. The CM shall not permit any Consultant to replace any previously identified team member except with the Contracting AuthorityUniversity’s prior written consent unless the Consultant ceases to employ that person. On notice from the Contracting AuthorityUniversity, the CM shall immediately and permanently remove from the Project any Consultant or person under a Consultant’s control whose performance is not satisfactory to the Contracting AuthorityUniversity. The Contracting Authority University may communicate with any Consultant either through the CM or directly with the Consultant, but the Contracting Authority University may not modify the contract between the CM and any Consultant. The CM hereby assigns to the Contracting Authority University each Consultant’s agreement provided that the assignment is effective only after the Contracting Authority University terminates the Contract and only for those agreements which the Contracting Authority University accepts by notifying the Consultant and CM in writing. The Contracting Authority University may re-assign accepted agreements. - General Provisions