Common use of Contractor’s Fee Clause in Contracts

Contractor’s Fee. When applicable, the Contractor’s fee for overhead and profit will be determined as follows: 1. A mutually acceptable fixed fee; or 2. If a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work: a. For costs incurred under Paragraphs 13.01.B.1 and 13.01.B.2, the Contractor’s fee will be 15 percent; b. For costs incurred under Paragraph 13.01.B.3, the Contractor’s fee will be 5 percent; c. Where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of Paragraphs 11.07.C.2.a and 11.07.C.2.b is that the Contractor’s fee will be based on: (1) a fee of 15 percent of the costs incurred under Paragraphs 13.01.B.1 and 13.01.B.2 by the Subcontractor that actually performs the Work, at whatever tier, and (2) with respect to Contractor itself and to any Subcontractors of a tier higher than that of the Subcontractor that actually performs the Work, a fee of 5 percent of the amount (fee plus underlying costs incurred) attributable to the next lower tier Subcontractor; provided, however, that for any such subcontracted Work the maximum total fee to be paid by Owner will be no greater than 27 percent of the costs incurred by the Subcontractor that actually performs the Work; d. No fee will be payable on the basis of costs itemized under Paragraphs 13.01.B.4, 13.01.B.5, and 13.01.C; e. The amount of credit to be allowed by Contractor to Owner for any change which results in a net decrease in Cost of the Work will be the amount of the actual net decrease in Cost of the Work and a deduction of an additional amount equal to 5 percent of such actual net decrease in Cost of the Work; and f. When both additions and credits are involved in any one change or Change Proposal, the adjustment in Contractor’s fee will be computed by determining the sum of the costs in each of the cost categories in Paragraph 13.01.B (specifically, payroll costs, Paragraph 13.01.B.1; incorporated materials and equipment costs, Paragraph 13.01.B.2; Subcontract costs, Paragraph 13.01.B.3; special consultants costs, Paragraph 13.01.B.4; and other costs, Paragraph 13.01.B.5) and applying to each such cost category sum the appropriate fee from Paragraphs 11.07.C.2.a through 11.07.C.2.e, inclusive.

Contractor’s Fee. When applicable, the Contractor’s fee for overhead and profit will shall be determined as follows: 1. A a mutually acceptable fixed fee; or 2. If if a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work: a. For for costs incurred under Paragraphs 13.01.B.1 and 13.01.B.2, the Contractor’s fee will shall be 15 percent; b. For for costs incurred under Paragraph 13.01.B.3, the Contractor’s fee will shall be 5 five percent; c. Where where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of Paragraphs 11.07.C.2.a 11.01.C.2.a and 11.07.C.2.b 11.01.C.2.b is that the Contractor’s fee will shall be based on: (1) a fee of 15 percent of the costs incurred under Paragraphs 13.01.B.1 and 13.01.B.2 13.01.A.1 and 13.01. A.2 by the Subcontractor that actually performs the Work, at whatever tier, and (2) with respect to Contractor itself and to any Subcontractors of a tier higher than that of the Subcontractor that actually performs the Work, a fee of 5 five percent of the amount (fee plus underlying costs incurred) attributable to the next lower tier Subcontractor; provided, however, that for any such subcontracted Work work the maximum total fee to be paid by Owner will shall be no greater than 27 percent of the costs incurred by the Subcontractor that actually performs the Workwork; d. No no fee will shall be payable on the basis of costs itemized under Paragraphs 13.01.B.4, 13.01.B.5, and 13.01.C; e. The the amount of credit to be allowed by Contractor to Owner for any change which results in a net decrease in Cost of the Work cost will be the amount of the actual net decrease in Cost of the Work and cost plus a deduction of in Contractor’s fee by an additional amount equal to 5 five percent of such actual net decrease in Cost of the Workdecrease; and f. When when both additions and credits are involved in any one change or Change Proposalchange, the adjustment in Contractor’s fee will shall be computed by determining on the sum basis of the costs net change in each of the cost categories in Paragraph 13.01.B (specifically, payroll costs, Paragraph 13.01.B.1; incorporated materials and equipment costs, Paragraph 13.01.B.2; Subcontract costs, Paragraph 13.01.B.3; special consultants costs, Paragraph 13.01.B.4; and other costs, Paragraph 13.01.B.5) and applying to each such cost category sum the appropriate fee from accordance with Paragraphs 11.07.C.2.a 11.04.C.2.a through 11.07.C.2.e11.04.C.2.e, inclusive.

Contractor’s Fee. When applicable, the The Contractor’s fee for overhead and profit will shall be determined as follows: 1. A a mutually acceptable fixed fee; or 2. If if a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work: a. For for costs incurred under Paragraphs 13.01.B.1 11.01.A.1 and 13.01.B.211.01.A.2, the Contractor’s fee will shall be 15 percent; b. For for costs incurred under Paragraph 13.01.B.311.01.A.3, the Contractor’s fee will shall be 5 five percent; c. Where where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of Paragraphs 11.07.C.2.a 12.01.C.2.a and 11.07.C.2.b 12.01.C.2.b is that the Contractor’s fee Subcontractor who actually performs the Work, at whatever tier, will be based on: (1) paid a fee of 15 percent of the costs incurred by such Subcontractor under Paragraphs 13.01.B.1 11.01.A.1 and 13.01.B.2 by the 11.01.A.2 and that any higher tier Subcontractor that actually performs the Work, at whatever tier, and (2) with respect to Contractor itself and to any Subcontractors of a tier higher than that of the Subcontractor that actually performs the Work, will each be paid a fee of 5 five percent of the amount (fee plus underlying costs incurred) attributable paid to the next lower tier Subcontractor; provided, however, that for any such subcontracted Work the maximum total fee to be paid [This provision/sentence continues as modified by Owner will be no greater than 27 percent of the costs incurred by the Subcontractor that actually performs the Work;Supplementary Conditions.] d. No no fee will shall be payable on the basis of costs itemized under Paragraphs 13.01.B.411.01.A.4, 13.01.B.511.01.A.5, and 13.01.C11.01.B; e. The the amount of credit to be allowed by Contractor to Owner for any change which results in a net decrease in Cost of the Work cost will be the amount of the actual net decrease in Cost of the Work and cost plus a deduction of in Contractor’s fee by an additional amount equal to 5 five percent of such actual net decrease in Cost of the Workdecrease; and f. When when both additions and credits are involved in any one change or Change Proposalchange, the adjustment in Contractor’s fee will shall be computed by determining on the sum basis of the costs net change in each of the cost categories in Paragraph 13.01.B (specifically, payroll costs, Paragraph 13.01.B.1; incorporated materials and equipment costs, Paragraph 13.01.B.2; Subcontract costs, Paragraph 13.01.B.3; special consultants costs, Paragraph 13.01.B.4; and other costs, Paragraph 13.01.B.5) and applying to each such cost category sum the appropriate fee from accordance with Paragraphs 11.07.C.2.a 12.01.C.2.a through 11.07.C.2.e12.01.C.2.e, inclusive.

Contractor’s Fee. When applicable, the The Contractor’s additional fee for overhead and profit will shall be determined as follows: 1. A a mutually acceptable fixed fee; or 2. If if a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work: a. For for costs incurred under Paragraphs 13.01.B.1 11.01.A.1, 11.01.A.2. and 13.01.B.211.01.A.3, the Contractor’s additional fee shall be 15 percent except for: 1) rental fees for Contractor’s own equipment using standard rental rates; 2) bonds and insurance; b. for costs incurred under Paragraph 11.01.A.4 and 11.01.A.5, the Contractor’s fee will shall be 15 percentfive percent (5%); b. For costs incurred under Paragraph 13.01.B.3, the Contractor’s fee will be 5 percent; c. Where 1) where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of Paragraphs 11.07.C.2.a 12.01.C.2.a and 11.07.C.2.b 12.01.C.2.b is that the Contractor’s fee Subcontractor who actually performs the Work, at whatever tier, will be based on: (1) paid a fee of 15 percent of the costs incurred by such Subcontractor under Paragraphs 13.01.B.1 11.01.A.1 and 13.01.B.2 by the 11.01.A.2 and that any higher tier Subcontractor that actually performs the Work, at whatever tier, and (2) with respect to Contractor itself and to any Subcontractors of a tier higher than that of the Subcontractor that actually performs the Work, will each be paid a fee of 5 five percent (5%) of the amount (fee plus underlying costs incurred) attributable paid to the next lower tier Subcontractor; provided, however, that for any such subcontracted Work however in no case shall the maximum cumulative total fee to of fees paid be paid by Owner will be no greater than 27 percent in excess of the costs incurred by the Subcontractor that actually performs the Work25%; d. No c. no fee will shall be payable on the basis of costs itemized under Paragraphs 13.01.B.4, 13.01.B.511.01.A.6, and 13.01.C11.01.B; e. The d. the amount of credit to be allowed by Contractor to Owner City for any change which results in a net decrease in Cost of the Work cost will be the amount of the actual net decrease in Cost of the Work and cost plus a deduction of an additional amount equal to 5 percent of such actual net decrease in Cost of the Work; and f. When both additions and credits are involved in any one change or Change Proposal, the adjustment in Contractor’s fee will be computed by determining the sum an amount equal to five percent (5%) of the costs in each of the cost categories in Paragraph 13.01.B (specifically, payroll costs, Paragraph 13.01.B.1; incorporated materials and equipment costs, Paragraph 13.01.B.2; Subcontract costs, Paragraph 13.01.B.3; special consultants costs, Paragraph 13.01.B.4; and other costs, Paragraph 13.01.B.5) and applying to each such cost category sum the appropriate fee from Paragraphs 11.07.C.2.a through 11.07.C.2.e, inclusivenet decrease.

Contractor’s Fee. When applicable, the Contractor’s fee for overhead and profit will be determined as follows: 1. A mutually acceptable fixed fee; or 2. If a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work:: DRAFT a. For costs incurred under Paragraphs 13.01.B.1 and 13.01.B.2, the Contractor’s fee will be 15 percent; b. For costs incurred under Paragraph 13.01.B.3, the Contractor’s fee will be 5 percent; c. Where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of Paragraphs 11.07.C.2.a and 11.07.C.2.b is that the Contractor’s fee will be based on: (1) a fee of 15 percent of the costs incurred under Paragraphs 13.01.B.1 and 13.01.B.2 by the Subcontractor that actually performs the Work, at whatever tier, and (2) with respect to Contractor itself and to any Subcontractors of a tier higher than that of the Subcontractor that actually performs the Work, a fee of 5 percent of the amount (fee plus underlying costs incurred) attributable to the next lower tier Subcontractor; provided, however, that for any such subcontracted Work the maximum total fee to be paid by Owner will be no greater than 27 percent of the costs incurred by the Subcontractor that actually performs the Work; d. No fee will be payable on the basis of costs itemized under Paragraphs 13.01.B.4, 13.01.B.5, and 13.01.C; e. The amount of credit to be allowed by Contractor to Owner for any change which results in a net decrease in Cost of the Work will be the amount of the actual net decrease in Cost of the Work and a deduction of an additional amount equal to 5 percent of such actual net decrease in Cost of the Work; and f. When both additions and credits are involved in any one change or Change Proposal, the adjustment in Contractor’s fee will be computed by determining the sum of the costs in each of the cost categories in Paragraph 13.01.B (specifically, payroll costs, Paragraph 13.01.B.1; incorporated materials and equipment costs, Paragraph 13.01.B.2; Subcontract costs, Paragraph 13.01.B.3; special consultants costs, Paragraph 13.01.B.4; and other costs, Paragraph 13.01.B.5) and applying to each such cost category sum the appropriate fee from Paragraphs 11.07.C.2.a through 11.07.C.2.e, inclusive.