Common use of Soils Preparation Provisional Sum Clause in Contracts

Soils Preparation Provisional Sum. The Aggregate Provisional Sum contains a Provisional Sum of *** U.S. Dollars (U.S.$***) for performance of the soils preparation and rough grading Work (“Soils Preparation Provisional Sum”). This Work is defined in FEED Books, Volume 1, Section 2.4 Scope of Facilities, Section 6.0 Civil Site Work, Items 4, 5, & 16, FEED Books, Volume 16, Section 5.3 Civil Structural, Item 5.3.1 Site Preparation and Rough Grading Drawings, and FEED Books, Volume 6, Section 4.1.6 Site Plan Construction Facilities Stage 1 Laydown and Temporary Facilities. The Soils Preparation Provisional Sum is based on the following estimated quantities: 1,980,000 cubic yards for soil stabilization and 520,000 cubic yards for rough grading, including excavation, fill, grading, storm water drainage, geotextile fabric, fencing, rip rap, and Tank 6 West dike. If the actual cost incurred by Contractor for performance of the soils preparation and rough grading Work under this Agreement is less than the Soils Preparation Provisional Sum, Owner shall be entitled to a Change Order reducing the Contract Price by such difference and *** percent (***%) of such difference. If the actual cost incurred by Contractor to the soils for the performance of the soils preparation and rough grading Work under this Agreement is greater than the Soils Preparation Provisional Sum, Contractor shall be entitled to a Change Order increasing the Contract Price by such difference, plus *** percent (***%) of such difference. The Soils Preparation Provisional Sum, as of the Contract Date, is based on the Work description set forth in the Feed Documents referenced above and the quantities specified in this Section 2.1. In the event that the performance of the Work exceed such quantities or otherwise varies from the assumptions specified in this Section 2.1 and such variances adversely affect Contractor’s ability to perform the Work in accordance with the Project Schedule, Contractor shall be entitled to an extension to the applicable Target Substantial Completion Dates and Guaranteed Substantial Completion Dates in accordance with Section 6.9. Notwithstanding the foregoing, Owner may, at any time, instruct Contractor to undertake commercially and technically reasonable efforts to overcome such delay (through additional labor and Equipment crews, shifts, etc.).

Soils Preparation Provisional Sum. The Aggregate Provisional Sum contains a Provisional Sum of *** U.S. Dollars (U.S.$***) for performance of the soils preparation and rough grading Work including excavation, fill, grading, storm water drainage, geotextile fabric, and fencing (“Soils Preparation Provisional Sum”). This Work is defined in FEED Books, Volume 1, Section 2.4 Scope the table below: Laydown Area A (West of Facilities, Section 6.0 Civil Site Work, Items 4, 5, & 16, FEED Books, Volume 16, Section 5.3 Civil Structural, Item 5.3.1 Site Preparation Center Levee Road) – 32.81 Acres Laydown Area B (East of Lighthouse Road) – 49.37 Acres Activity Quantity UOM Clearing and Rough Grading Drawings, Grubbing (Including Disposal) 82.18 AC Soil Stabilization (3 ft. Deep) 158,800 CY Geotextile Fabric and FEED Books, Volume 6, Section 4.1.6 Site Plan Construction Facilities Stage 1 Laydown and Temporary Facilities. The Soils Preparation Provisional Sum is based on the following estimated quantities: 1,980,000 cubic yards for soil stabilization and 520,000 cubic yards for rough grading, including excavation, fill, grading, storm water drainage, geotextile fabric, fencing, rip rap, and Tank 6 West dike. Grid 646,382 SY General Fill 112,320 CY Crushed Rock Base Course 148,655 CY If the actual cost incurred by Contractor for performance of the soils preparation and rough grading Work under this Agreement is less than the Soils Preparation Provisional Sum, Owner shall be entitled to a Change Order reducing the Contract Price by such difference and *** percent (***%) of such difference. If the actual cost incurred by Contractor to the soils for the performance of the soils preparation and rough grading Work under this Agreement is greater than the Soils Preparation Provisional Sum, Contractor shall be entitled to a Change Order increasing the Contract Price by such difference, plus *** percent (***%) of such difference. The Soils Preparation Provisional Sum, as of the Contract Date, is based on the Work description and quantities set forth in the Feed Documents referenced above and the quantities table specified in this Section 2.1. In the event that the performance of the Work exceed such quantities or otherwise varies from the assumptions specified in this Section 2.1 and such variances adversely affect Contractor’s ability to perform the Work in accordance with the Project Schedule, Contractor shall be entitled to an extension to the applicable Target Substantial Completion Dates and Guaranteed Substantial Completion Dates in accordance with Section 6.9. Notwithstanding the foregoing, Owner may, at any time, instruct Contractor to undertake commercially and technically reasonable efforts to overcome such delay (through additional labor and Equipment crews, shifts, etc.).