Common use of Contractor Contingency Clause in Contracts

Contractor Contingency. The Contractor Contingency amount indicated herein is included in the GMP and may be used at the Contractor’s request only upon obtaining the District’s prior written approval, which shall not be unreasonably withheld. (“Contractor Contingency”). Contractor Contingency is Three Percent (3.00%). (See Attachment No. 4, Exhibit D). 4.8.1. Once the District approves the use of a portion of the Contractor Contingency amount(s), the Contractor shall invoice 100% of the approved amount of that specific Contractor Contingency on the Schedule of Values for the Tenant Improvement Payments, the District will pay 95% of that amount, and the District will withhold 5% of that amount as Retention, as indicated herein below and in Exhibit G to the Facilities Lease. 4.8.2. Prior to requesting the payment for any portion of the Contractor Contingency, Contractor must submit to the District a written request for the Contractor Contingency that shall include a description of the requested use of the Contractor Contingency and why it is necessary to complete the Project. The Contractor Contingency shall only be for the following items: 4.8.2.1. Scope Gaps, and errors in covering and pricing specific scopes of work due to mathematical miscalculations or unaccounted-for tasks at the time the GMP was established, but not for errors in judgement in pricing items such as under estimating price escalation; Contractor is not responsible for errors and omissions of the architect or architect’s consultants. As- builts shall be considered for reference only. 4.8.2.2. Construction costs associated with the refinement of incomplete design information within the Scope of Work that would have been identified and corrected prior to the bidding phase as part of a reasonable constructability review of the Documents on which the GMP is based. 4.8.2.3. Other items requested by the Contractor (e.g., overtime costs on specific items) if approved by the District and in the District’s sole discretion. 4.8.3. The Contractor Contingency shall only be used to the extent the Contractor can document that item was not otherwise in its or its Subcontractors’ pricing for the Project and only to the extent that the cost of work is not recoverable by Contractor from others, by insurance of otherwise. If the District chooses to utilize all or a portion of the Contractor Contingency for the allowable uses of the Contractor Contingency, as defined herein, the District shall notify the Contractor in writing in accordance with Exhibit G to the Facilities Lease. 4.8.4. The unused portion of the Contractor Contingency including overhead, profit and markup shall be retained by the District at the end of the Project.

Contractor Contingency. (Reference Specification Section 01 21 00) 4.6.1. The Contractor Contingency amount indicated herein is included in the GMP and Contractor may be used at use it only when specifically authorized to do so by the Contractor’s request only upon obtaining the District’s prior written approval, which shall not be unreasonably withheld. District (“Contractor Contingency”). Contractor Contingency is Three Percent (3.00%). (See Attachment No. 4, Exhibit D). 4.8.14.6.2. Prior to requesting the use and subsequent payment for any portion of the Contractor Contingency, Contractor must submit to the District a written request for the Contractor Contingency that shall include a description of the requested use of the Contractor Contingency and why it is necessary to complete the Project. 4.6.3. Contractor shall prepare documents for its use of any part of the Contractor Contingency pursuant to the “Adjustment To Guaranteed Maximum Price (GMP) And Contract Time On Account Of Changes To The Work” and “Change Orders” sections of Exhibit G to the Master Facilities Lease (General Conditions) and Attachment 1 to Exhibit G (“Payment – Extra, Additional, Deleted Work, Allowances, or Contractor Contingencies”). The Contractor is entitled to mark-up its pricing in the same way it marks-up its pricing for a Change Order when it uses any part of the Contractor Contingency, because the Contractor is prohibited from including the Contractor Contingency amount when it prices its General Conditions, bonds and insurance, overhead or profit to establish the GMP. 4.6.4. Once the District approves the use of a portion of the Contractor Contingency amount(s), the Contractor shall invoice 100% of the approved amount of that specific Contractor Contingency on the Schedule of Values for the Tenant Improvement Payments, the District will pay 95% of that amount, and the District will withhold 5% of that amount as Retention, as indicated herein below and in Exhibit G to the Master Facilities Lease. 4.8.2. Prior to requesting the payment for any portion of the Contractor Contingency, Contractor must submit to the District a written request for the Contractor Contingency that shall include a description of the requested use of the Contractor Contingency and why it is necessary to complete the Project4.6.5. The Contractor Contingency shall only be for the following items: 4.8.2.14.6.5.1. Scope Gaps, and errors in covering and pricing specific scopes of work due to mathematical miscalculations or unaccounted-for tasks at the time the GMP was established, but not for errors in judgement in pricing items such as under estimating price escalation; Contractor is not responsible for errors and omissions of the architect or architect’s consultants. As- As-builts shall be considered for reference only. 4.8.2.24.6.5.2. Construction costs associated with the refinement of incomplete design information within the Scope of Work that would have been identified and corrected prior to the soliciting/bidding phase as part of a reasonable constructability review of the Documents on which the GMP is based. Notwithstanding that an allowance has been established, Contractor shall be entitled to a change order for costs incurred because of incomplete designs where such costs exceed the allowance. 4.8.2.34.6.5.3. Other items requested by the Contractor (e.g., overtime costs on specific items) if approved by the District and in the District’s sole discretion. 4.8.34.6.6. The Contractor Contingency shall only be used to the extent the Contractor can document that item was not otherwise in its or its Subcontractorssubcontractors’ pricing for the Project and only to the extent that the cost of work is not recoverable by Contractor from others, by insurance of or otherwise. If the District chooses to utilize all or a portion of the Contractor Contingency for the allowable uses of the Contractor Contingency, as defined herein, the District shall notify the Contractor in writing in accordance with Exhibit G to the Master Facilities Lease. 4.8.44.6.7. The Any unused portion of the Contractor Contingency including overhead, profit and markup shall be retained one hundred percent (100%) by the District at the end of the Project.

Contractor Contingency. 4.1.6.1 A GMP shall include a “Contractor Contingency” for the purpose of reasonably protecting the DB Contractor’s FGMP budget and the Schedule against unanticipated costs incurred in order to complete the Work in accordance with the Contract Documents. The Contractor Contingency amount indicated herein is included in the GMP and may shall be used at to cover unanticipated construction costs that are properly reimbursable as a Cost of the Work but which do not provide the basis for a Change Order. Such costs may include costs due to unanticipated market conditions; construction cost escalation for labor or materials; errors in estimating; delay or acceleration costs, including overtime for acceleration, that are not attributable to an Excusable Event (and therefore are subject to a Claim and Change Order); impacts of COVID-19 (that are not an Excusable Event); Subcontractor defaults or deficiencies not otherwise recoverable from bonds or insurance; net buyout overruns; interface omissions between Work Packages; and any other reason not attributable to the DB Contractor’s request only upon obtaining negligence. 4.1.6.2 The DB Contractor’s use of the DistrictContractor Contingency shall be subject to the Authority’s prior written approval, which shall not be unreasonably withheldwithheld or delayed; provided, however, that the Authority’s prior written approval shall be required for any use of more than $50,000 of Contractor Contingency in any given month. (“The DB Contractor will provide a monthly accounting to the Authority of all expenses associated with the proposed or approved utilization of the Contractor Contingency”). 4.1.6.3 To the extent the DB Contractor utilizes the Contractor Contingency during any particular month, it shall be entitled to charge the DB Contractor’s Fee on the Contractor Contingency expended during that month. The DB Contractor’s Fee shall be charged only on Contractor Contingency sums actually expended by the DB Contractor. 4.1.6.4 The Contractor Contingency is Three Percent not intended for use in upgrading or enlarging the scope of the Work. At no time shall it be used for Changes in the Work authorized pursuant to Article 13 (3.00%)Changes in the Work) or for any matter for which the DB Contractor is entitled an increase in the GMP or Contract Time under the terms of the Contract Documents, which such changes may only be accomplished by Change Order or, as applicable, Construction Change Directive. 4.1.6.5 As the DB Contractor is able to fix the Cost of the Work through binding price commitments from Subcontractors or from executed Subcontracts, any buyout savings from the estimated Cost of the Work included in the GMP shall accrue to the Contractor Contingency. As the DB Contractor’s risk of unforeseen losses is further reduced by net buyout savings and the completion of portions of the Work, the parties shall periodically, at mutually agreeable times, execute a Change Order reducing the Contractor Contingency by an agreed amount; provided, however, that the Contractor Contingency shall not be reduced for purposes of calculating Savings to be shared by the Authority and DB Contractor pursuant to Subsection 4.1.8 (See Attachment No. 4, Exhibit DSavings). 4.8.1. Once 4.1.6.6 Upon the District approves the use of a portion reduction of the Contractor Contingency amount(sas described in Subsection 4.1.6.5 above (and subject to the proviso with respect to the calculation of Savings set forth in such Subsection), the Contractor shall invoice 100% of the approved amount of that specific Contractor Contingency on the Schedule of Values for the Tenant Improvement Paymentsparties may agree by Change Order (or failing such agreement, the District will pay 95% of Authority may direct by Construction Change Directive) that amount, and (a) the District will withhold 5% of that GMP shall be reduced by the amount as Retention, as indicated herein below and in Exhibit G to the Facilities Lease. 4.8.2. Prior to requesting the payment for any portion of the Contractor Contingency, Contractor must submit to the District a written request for the Contractor Contingency that shall include a description of is reduced, or (b) notwithstanding Subsection 4.1.6.4 above, the requested use of reduction in the Contractor Contingency and why it is necessary to complete the Project. The Contractor Contingency shall only be for the following items: 4.8.2.1. Scope Gaps, and errors in covering and pricing specific scopes of work due to mathematical miscalculations or unaccounted-for tasks at the time the GMP was established, but not for errors in judgement in pricing items such as under estimating price escalation; Contractor is not responsible for errors and omissions of the architect or architect’s consultants. As- builts shall be considered for reference only. 4.8.2.2. Construction costs associated with the refinement of incomplete design information within the Scope of Work that would have been identified and corrected prior to the bidding phase as part of a reasonable constructability review of the Documents on which the GMP is based. 4.8.2.3. Other items requested by the Contractor (e.g., overtime costs on specific items) if approved by the District and in the District’s sole discretion. 4.8.3. The Contractor Contingency shall only be used to pay for a Change in the extent Work authorized pursuant to Article 13 (Changes in the Contractor can document that item was not otherwise in its or its Subcontractors’ pricing for the Project and only to the extent that the cost of work is not recoverable by Contractor from others, by insurance of otherwise. If the District chooses to utilize all or a portion of the Contractor Contingency for the allowable uses of the Contractor Contingency, as defined herein, the District shall notify the Contractor in writing in accordance with Exhibit G to the Facilities LeaseWork). 4.8.4. The unused portion of the Contractor Contingency including overhead, profit and markup shall be retained by the District at the end of the Project.