Total Sublease Amount. The total amount set aside by the Owner for performance of all work required by the Contract for the Project shall be ***Insert Data Here*** based upon the Scope of Work set forth in Exhibits A and B of this Agreement (Total Sublease Amount). Except as otherwise provided in the General Conditions, and except for additional costs caused by the District which are submitted and approved by the District pursuant to Article 7 of the General Conditions, the Contractor shall assume the risk of all costs in excess of the Total Sublease Amount (TSA) in the performance of such work and shall not be entitled to additional payments because of such excess costs. Should the Contractor believe that it is entitled to an increase in the Total Sublease Amount or a time extension for completion, it must request it pursuant to the procedures in the General Conditions for change orders and claims., whether money or time, it must request it pursuant to the procedures in the General Conditions for change orders and claims. The Contractor’s cost breakdown of the Total Sublease Amount is attached (see Exhibit C) as Contractor’s Schedule of Values for the Project, as required by Section 9.2.1.A of the General Conditions. The TSA shall include a line item for an allowance of ***Insert Data Here*** (“Owner’s Contingency”) to fund extra work that may be required as a result of unforeseen scopes of work identified after execution of this Agreement (the “Additional Scope”). Only specifically identified unforeseen scopes shall be considered part of the Additional Scope. Contractor shall not be authorized to use these Contingency Funds for the Additional Scope without prior written approval by District. Any Contingency Funds not used for such purposes shall be credited to the District to reduce the TSA. If scope of the Additional Scope exceeds the Allowance Funds, Contractor is not precluded from seeking additional compensation pursuant to Section 4.5 and Article 7 of the General Conditions. Contractor shall finance the cost of construction of the Project. The Owner shall pay Contractor sublease payments pursuant to the terms and conditions of Section 6 of the Sublease (the "Sublease Payments"), which terms and conditions include the 5% retention described in Section 6 of the Sublease (the “retention”). The sum of the Sublease Payments shall not exceed the Total Sublease Amount established pursuant to Article IV hereof. Retention or release of the Sublease Payments shall be in accordance ...
Total Sublease Amount. Owner shall pay Contractor a total amount for the Scope of Work (“Total Sublease Amount”) consisting of (1) periodic Tenant Improvement Payments; and (2) monthly Sublease Payments, as described herein, both of which will be calculated following: (i) Contractor’s completion of the preconstruction services set forth in Section 2; (ii) the selection of all subcontractors in accordance with Education Code section 17406(a)(4) and the Request for Sealed Proposals; and (iii) any required DSA approval of the Plans and Specifications for the Work. Following the occurrence of all of the events set forth in the paragraph above, Contractor shall provide Owner with objectively verifiable information of its costs to perform the Work and a written rationale, including documentation sufficient to support the calculation (“Schedule of Values”). Each item in the Schedule of Values shall detail the “base construction cost” for the Project, consisting of
Total Sublease Amount. Owner shall pay Contractor a total amount for the Scope of Work (“Total Sublease Amount”) consisting of (1) periodic Tenant Improvement Payments; and (2) monthly Sublease Payments, as described herein, both of which will be calculated following: (i) any required DSA approval of the Plans and Specifications for the Work; and (ii) the selection of all subcontractors in accordance with Education Code section 17406(a)(4) and the Request for Sealed Proposals.
Total Sublease Amount. For satisfactory performance of the Work, Owner shall pay Contractor a total amount (“Total Sublease Amount”) which will be calculated after the following occurs: Contractor completes the required preconstruction services set forth above; the selection of all subcontractors in accordance with Education Code section 17406(a)(4) and the Request for Sealed Proposals; and any required DSA approval of the Plans and Specifications for the Work. Following the occurrence of all of the events set forth in the paragraph above, Contractor shall provide Owner with objectively verifiable information of its costs to perform the Work and a written rationale for the proposed Total Sublease Amount, including documentation sufficient to support the calculation. The Total Sublease Amount shall be calculated based on (a) the Contractor’s subcontract prices, including allowances, (b) the Contractor’s estimated material and equipment supplier costs, and (c) any portions of the Work to be self-performed by the Contractor. (See Section III.D.1 of the Request for Proposals, which is incorporated by reference into this Agreement and the Contract Documents.) The sum of (a) and (b) above, multiplied by the Contractor’s proposed percentage fee of and hundredths percent ( . %; the “Percentage Fee”), shall constitute the “Contractor Fee” which shall be added to (a), (b), (c), and any allowance desired by Owner (see next paragraph), thus arriving at the Total Sublease Amount detailed in Contractor’s written rationale. The Percentage Fee may not be applied to any allowance included by Owner (see next paragraph). The Percentage Fee may not be applied to the cost of any Work being performed by Contractor that it obtained through the subcontractor bid process since the Contractor’s bid(s) through that process are intended to cover profit and all costs (including overhead) for such Work; nor may it be applied to any contingency. The material and equipment supplier costs may only include objectively verifiable information provided by Contractor to Owner. Owner may elect to include a special allowance or general contingency allowance (“Allowance”) in the Total Sublease Amount, from which the Owner may, in its sole discretion, elect to pay any additional amounts that are owed to the Contractor under the Contract Documents, rather than pay the Contractor by a Board-approved change order. Any payment from an Allowance is entirely at the discretion, and only with the advanced written approval, of t...
