Common use of Total Sublease Amount Clause in Contracts

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 with the Sublease.

Total Sublease Amount. The Owner shall pay Contractor a 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 (“Total Sublease Amount”) which will be calculated following: (i) Contractor’s completion of the preconstruction services set forth in Exhibits A Section 2; (ii) the selection of all subcontractors in accordance with Education Code section 17406(a)(4) and B the Request for Sealed Proposals; and (iii) any required DSA approval of this Agreement (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. Contractor’s written rationale shall detail the “base construction cost” for the Project, consisting of (a) all subcontracts to be awarded by Contractor for the Project, plus (b) any separately awarded contracts for materials and supplies for the Project. The product of the base construction cost, multiplied by the Percentage offered by the Contractor in its response to the Request for Sealed Proposals, shall be the “Contractor Fee”, which shall also be set forth in Contractor’s written rationale. The Total Sublease Amount shall be the sum total of the base construction cost and the Contractor Fee. The proposed Total Sublease Amount shall be approved or rejected by the Owner at a public meeting before Contractor may proceed with any further Work under the Contract Documents. Once approved, the Parties shall execute Exhibit A of the Sublease, setting forth the Total Sublease Amount and Sublease Payments, whereupon Exhibit A shall be incorporated into, and become part of the Contract Documents. Contractor shall immediately commence the Work after approval of the Total Sublease Amounts by the Owner, and the time for completion of the Work shall commence to run upon such approval by the Owner. If the Owner rejects the Total Sublease Amount and requests another calculation from Contractor, then Contractor shall submit another calculation complying with this Section’s procedures. If the Owner rejects the Total Sublease Amount and does not request another calculation from Contractor, then such rejection will act as a Termination for Convenience pursuant to Article 14.3.2 of the General Conditions and the Owner may award a lease-leaseback contract for the Project to the next highest best value contractor from the selection process used for the Project. 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 ProjectWork. Contractor shall pay all subcontractors and suppliers as they perform Work or furnish supplies. 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 with the Subleaseunder this Section 5.

Total Sublease Amount. The Owner shall pay Contractor a 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 (“Total Sublease Amount”) which will be calculated following: (i) Contractor’s completion of the preconstruction services set forth in Exhibits A Section 2 for at least the firstone increment of the Project; (2ii) the selection of all subcontractors for at least the firstone increment of the Project in accordance with Education Code section 17406(a)(4) and B the Request for Sealed Proposals; and (iii) any required DSA approval of this Agreement (the Plans and Specifications for the Work for at least the firstone increment of the Project. 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. Contractor’s written rationale shall detail the “base construction cost” for the Project, consisting of (a) all subcontracts to be awarded by Contractor for the Project, plus (b) any separately awarded contracts for materials and supplies for the Project. If DSA approval of the Plans and Specifications for one or more increments of the Project has not yet been completed at the time Contractor calculates the Total Sublease Amount described above, the Contractor shall provide a detailed cost estimate of anythe incomplete Project increments andfor use the same in calculating the base construction cost in lieu of awarded subcontracts and contracts for materials and supplies for those increments. The product of the base construction cost, multiplied by the Percentage offered by the Contractor in its response to the Request for Sealed Proposals, shall be the “Contractor Fee”, which shall also be set forth in Contractor’s written rationale. The Total Sublease Amount shall be the sum total of the base construction cost and the Contractor Fee. If an estimate was used in calculating the base construction cost due to one or more incomplete project increments, the Total Sublease Amount shall be revised in accordance with Section 9.1 of the General Conditions upon DSA approval of the Plans and Specifications for such increments. The proposed Total Sublease Amount shall be approved or rejected by the Owner at a public meeting before Contractor may proceed with any further Work under the Contract Documents. Once approved, the Parties shall execute Exhibit A of the Sublease, setting forth the Total Sublease Amount and Sublease Payments, whereupon Exhibit A shall be incorporated into, and become part of the Contract Documents. Contractor shall immediately commence the Work after approval of the Total Sublease Amounts by the Owner, and the time for completion of the Work shall commence to run upon such approval by the Owner. If the Owner rejects the Total Sublease Amount and requests another calculation from Contractor, then Contractor shall submit another calculation complying with this Section’s procedures. If the Owner rejects the Total Sublease Amount and does not request another calculation from Contractor, then such rejection will act as a Termination for Convenience pursuant to Article 14.3.2 of the General Conditions and the Owner may award a lease-leaseback contract for the Project to the next highest best value contractor from the selection process used for the Project. 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 ProjectWork. Contractor shall pay all subcontractors and suppliers as they perform Work or furnish supplies. 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 with the Subleaseunder this Section 5.

Total Sublease Amount. The Owner shall pay Contractor a 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 (“Total Sublease Amount”) consisting of (1) periodic Tenant Improvement Payments; and (2) monthly Sublease Payments. The Tenant Improvement Payment and Sublease Payments shall be referred to collectively as “Payments.” The aggregate amount of all Payments shall be referred to as the “Total Sublease Amount.” The Contractor’s Schedule of Values shall show the values and construction time of the various portions of the Work to be performed by it and by its Subcontractors or material and equipment suppliers, containing such supporting evidence as to its correctness as the Owner may require. The Tenant Improvement Payment shall be equal to ninety-five percent (95%) of the undisputed value of the Work performed up to the last day of the previous month, less the aggregate of previous payments. The Owner shall retain the other five percent of the value for work satisfactorily performed (the “Retention”), which shall be paid to Contractor Consistent with the General Conditions. The Sublease Payments are intended to cover the cost of all general conditions and general requirements, including but not limited to temporary facilities, general requirements, supervision, and equipment consistent with Exhibit A of the Sublease, through substantial completion of the Project as defined in the General Conditions. Thereafter, Owner shall release from the Retention monthly Sublease Payments as set forth in Exhibits Exhibit A and B of this Agreement (Total Sublease Amount)the Sublease. 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 ProjectWork. Contractor shall pay all subcontractors and suppliers as they perform Work or furnish supplies. The Owner shall pay Contractor sublease payments pursuant to the terms and conditions may withhold payment of Section 6 any portion 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 with the Subleaseprocedures set forth in Section 9.5 of the General Conditions.

Total Sublease Amount. The Owner shall pay Contractor a 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 (“Total Sublease Amount”) which will be calculated following: (i) Contractor’s completion of the preconstruction services set forth in Exhibits A Section 2; (2) the selection of all subcontractors in accordance with Education Code section 17406(a)(4) and B the Request for Sealed Proposals; and (iii) any required DSA approval of this Agreement (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. Contractor’s written rationale shall detail the “base construction cost” for the Project, consisting of (a) all subcontracts to be awarded by Contractor for the Project, plus (b) any separately awarded contracts for materials and supplies for the Project. The product of the base construction cost, multiplied by the Percentage offered by the Contractor in its response to the Request for Sealed Proposals, shall be the “Contractor Fee”, which shall also be set forth in Contractor’s written rationale. The Total Sublease Amount shall be the sum total of the base construction cost and the Contractor Fee. The proposed Total Sublease Amount shall be approved or rejected by the Owner at a public meeting before Contractor may proceed with any further Work under the Contract Documents. Once approved, the Parties shall execute Exhibit A of the Sublease, setting forth the Total Sublease Amount and Sublease Payments, whereupon Exhibit A shall be incorporated into, and become part of the Contract Documents. Contractor shall immediately commence the Work after approval of the Total Sublease Amounts by the Owner, and the time for completion of the Work shall commence to run upon such approval by the Owner. If the Owner rejects the Total Sublease Amount and requests another calculation from Contractor, then Contractor shall submit another calculation complying with this Section’s procedures. If the Owner rejects the Total Sublease Amount and does not request another calculation from Contractor, then such rejection will act as a Termination for Convenience pursuant to Article 14.3.2 of the General Conditions and the Owner may award a lease-leaseback contract for the Project to the next highest best value contractor from the selection process used for the Project. 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 ProjectWork. Contractor shall pay all subcontractors and suppliers as they perform Work or furnish supplies. 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 with the Subleaseunder this Section 5.