Payments to Construction Manager Clause Samples
The 'Payments to Construction Manager' clause defines the terms and procedures for compensating the construction manager for their services on a project. It typically outlines the payment schedule, such as progress payments based on completed work or milestones, and may specify required documentation like invoices or certifications before payment is released. This clause ensures that the construction manager is paid in a timely and organized manner, reducing disputes over compensation and providing financial predictability for both parties.
Payments to Construction Manager. 9.1 In consideration of the performance of the Agreement, the Owner agrees to pay the Construction Manager as compensation for its services as set forth below:
9.1.1 Construction Services $ To be determined as assigned
9.1.2 Total Guaranteed Maximum Price $ To be determined as assigned
9.2 Upon receipt of the Notice-to-Proceed, the Construction Manager shall begin providing the indemnification described in Paragraph 3.18 of the Owner’s General Conditions of the Construction Contract. The Construction Manager acknowledges that ten dollars ($10.00) has been included in the fee proposal for construction services for the purpose of providing indemnifications.
9.3 Progress payments shall be paid monthly to the Construction Manager. The pay application shall be submitted in a form acceptable to the Owner, on or about the first (1st) day of each calendar month and shall be paid by the Owner within thirty calendar days of submittal. The application for payment shall be reviewed and certified by the Architect. Monthly pay request shall include the cost of the work completed and the Construction Manager’s fee.
9.4 As required by Section 287.0585, Florida Statutes, within seven (7) working days from receipt of payment from the Owner, the Construction Manager shall pay each Trade Contractor out of the amount paid to the Construction Manager on account of such Trade Contractor’s Work, the amount to which said Trade Contractor is entitled reflecting the percentage actually retained, if any, from payments to the Construction Manager on account of said Trade Contractor’s Work. The Construction Manager shall, by appropriate agreement with each Trade Contractor, require each Trade Contractor to make payments to its subcontractors in a similar manner.
9.5 The following certification shall be included with the Construction Manager’s final pay request. “I certify that all direct purchases by the ▇▇▇▇ County School Board for this project have been closed out or settled prior to the request for purchase order cancellations. All required materials have been received and no further activity will be required on this/these purchase order(s)”.
9.6 The Construction Manager’s fee for costs approved by the Owner that exceed the GMP amount will be the same (%) as in the original GMP proposal.
9.7 For delays in the Project caused by the Owner or other events beyond the control of the Construction Manager, the Construction Manager shall be entitled to an additional fee to compensate the Co...
Payments to Construction Manager. 8.1 In consideration of the performance of the services to be provided by Construction Manager pursuant to this Agreement, Owner agrees to pay Construction Manager compensation for its services as set forth below:
8.1.1 For pre-construction services, the lump sum amount of _ ($ ) to be invoiced in the following increments within thirty (30) days after the later of: (a) satisfactory completion of each of the following phases, and (b) Owner’s written approval of each phase: Conceptual Schematics Advanced Schematics Design Development Report $ _ $ _ $ 50% Const. Doc. $ _ 100% Const. Doc. $ _ Printing $ _ TOTAL $ _ The lump sum amount consisting of the increments outlined above was derived based upon the “Guidelines for Construction Managers for the Preparation of Proposals for Pre-Construction Services” set forth on Facilities Management’s website. All services provided under pre-construction shall be included within the above lump sum amount. Construction Manager shall not be entitled to any other fees for pre- construction services, except as otherwise specifically provided in this Agreement.
8.1.1.1 Upon receipt of the Notice to Proceed (reflecting Owner’s Project number), Construction Manager shall begin providing the indemnification described in this Agreement. Construction Manager acknowledges that ten dollars ($10.00) has been included in the fee proposal for pre- construction services for the purpose of providing indemnification, and is a part of the fee established for the first phase of pre-construction services.
8.1.2 Once Construction Manager has commenced construction Work based upon Owner’s written Notice To Proceed (with Owner’s Project number identified), Construction Manager shall submit monthly invoices to Owner based upon the percentage of the Work completed subject to and on the terms described in the Conditions of the Contract. As required by Section 255.05, Florida Statutes, Owner shall not make a payment to Construction Manager until Construction Manager has provided Owner with a certified copy of the recorded payment and performance bonds for the Project.
8.1.2.1 As required by Section 287.0585, Florida Statutes, within seven (7) business days from receipt of payment from Owner, Construction Manager shall pay each trade contractor out of the amount paid to Construction Manager on account of such trade contractor's Work, the amount to which said trade contractor is entitled reflecting the percentage actually retained, if any, from payme...
Payments to Construction Manager. 4.1 In consideration of the performance of this Agreement, the Owner agrees to pay the Construction Manager, as compensation for its services a lump sum of
4.2 The lump sum amount referenced in paragraph 4.1 shall be paid over a period of
4.2.1 The Owner and Construction Manager agree that if the preconstruction and bidding services contemplated by this Agreement are fully completed prior to the expiration of the month period referenced in paragraph 4.2, and the Agreement has not otherwise been terminated, any balance remaining on the lump sum amount will be paid by the Owner to the Construction Manager upon the Owner’s final acceptance or rejection of the Construction Manager’s proposal for the construction phase.
4.2.2 The Owner and Construction Manager agree that if the preconstruction and bidding services contemplated by this Agreement are not fully completed upon the expiration of the month period referenced in paragraph 4.2, and the Agreement has not otherwise been terminated, the Construction Manager will thereafter be paid a monthly fee of Zero Dollars ($0.00) until such time as the Construction Manager’s proposal is either finally accepted or rejected by the Owner. If a major change occurs in the project program, the monthly fee for extension of the design phase shall be mutually renegotiated.
4.2.3 The Construction Manager agrees to submit invoices for the number of installments in the amount referenced in paragraph 4.2, or if applicable the amount referenced in subparagraph 4.2.2, to the Owner’s representative on the first of the month, such invoice reflecting the amount due for the previous month. Owner agrees to pay said invoices, upon approval, within fifteen (15) days of submission. Such invoices shall be submitted on the agreed to basis.
Payments to Construction Manager whether progress or final, shall in no way imply approval or acceptance of Construction Manager’s work.
Payments to Construction Manager. 8.1 Based upon Applications for Payment submitted by the CM, DCAMM shall make payments to the CM on account of the Contract Price as provided in Article VIII of the General Conditions of the Contract, and elsewhere in the Contract Documents.
Payments to Construction Manager. Owner agrees to pay the Preconstruction Phase Fee to Construction Manager on a monthly basis. Owner shall pay Construction Manager within ten (10) days of Owner’s receipt of an invoice for payment from Construction Manager.
Payments to Construction Manager and Prime Contractor shall not be in an amount in excess of ninety-five percent (95%) of the contract at time of completion. The retention shall not be released to Construction Manager or Prime Contractor without the approval of COUNTY which shall not be unreasonably withheld or delayed. There is no retention for professional services provided by Program Manager.
Payments to Construction Manager. 6.1 In consideration of the performance of the Agreement, the Owner agrees to pay the Construction Manager, as compensation for its services as set forth below:
6..1.1 For pre-construction services, if requested by Owner in writing for a Sub-project, a mutually agreeable lump sum which shall be reflected in an FAU Purchase Order for the applicable Sub-project. Each invoice(s) for pre-construction services shall be submitted to Owner within thirty (30) days after the later of: (a) satisfactory completion of each of the requested phases, and
Payments to Construction Manager. 4.1 In consideration of the performance of this Agreement, the Owner agrees to pay the Construction Manager, as compensation for its services a lump sum of Twenty-seven Thousand and Zero Cents: $27,000.00, which amount shall cover all fees, costs and expenses (excluding reproduction of 100% complete contract documents for bidding purposes) related in any manner to the Construction Manager’s services during the preconstruction and bidding phases, per the attached Exhibit “A”.
4.2 The lump sum amount referenced in paragraph 4.1 shall be paid over a period of Five
Payments to Construction Manager. 6.1 In consideration of the performance of this Agreement, the Owner agrees to pay the Construction Manager, as compensation for its services, the amounts set forth in the Purchase Order for each Project, as the same may be adjusted by Change Order.
6.2 The Owner shall pay, and the Construction Manager shall accept, as full and complete payment for the construction services, only the sum of the following items, which sum shall be set forth in the Purchase Order and which sum shall not exceed the GMP:
(i) the aggregate net cost directly paid by the Construction Manager to subcontractors pursuant to written subcontracts to perform the Work (CSI Divisions 1-17) (the “Cost of the Work”), not to exceed the amount agreed upon by the parties in the GMP;
(ii) Construction Manager’s Fee, not to exceed the guaranteed maximum agreed upon by the parties in the GMP.
6.3 Upon issuance of a Purchase Order, the Construction Manager guarantees that the sum of (i) the actual Cost of the Work, (ii) Construction Manager’s Contingency, and (iii) Construction Manager’s Fee, shall not exceed the amount set forth in the agreed upon GMP. All costs or expenses that would cause this sum to exceed the GMP shall be borne by the Construction Manager unless adjusted by Owner approved change order.
6.4 Any deviation in any of the line items in the original GMP Schedule of Values shall require the prior written approval of Owner.
6.5 Pay requests shall be documented in accordance with State University System Chancellor’s Memorandum No. CM N 08.01 01/99 which is located on-line at the Facilities Management Site and the General Conditions.
6.6 As provided by Section 215.422, Florida Statutes, if a warrant in payment of an invoice is not mailed or electronically transmitted by the Owner within 40 days after receipt of the invoice and receipt, inspection and approval of the services, the Owner shall pay to the Construction Manager, in addition to the amount of the invoice, interest at the rate established by the Florida State Comptroller pursuant to Section 55.03, Florida Statutes, on the unpaid balance from the expiration of such 40-day periods until such time as the warrant is mailed to the Construction Manager. These provisions apply only to undisputed amounts for which payment has been authorized. Invoices or pay requests returned to the Construction Manager due to preparation errors will result in a payment delay. Invoice payment requirements do not start until a properly completed invoi...