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29 <br />Progressive Design Build General Conditions <br /> <br />.1 A Subcontractor of any tier shall receive 12% of the cost of any materials <br />supplied or work properly performed by that Subcontractor’s own forces. <br />.2 A Subcontractor of any tier shall receive 8% of the amount owed (less fee) <br />directly to a lower-tier Subcontractor or supplier for materials supplied or for <br />work properly performed by that Subcontractor or supplier. <br />.3 A Subcontractor of any tier shall receive no more than 5% of any amounts <br />owed (less fee) to any remote, sub-tier subcontractors which are within the <br />lines of contractual responsibility but not in privity of contract with such <br />Subcontractor, for work performed by that remote, sub-tier subcontractor. <br />.4 The cost to which this Fee is to be applied shall be determined in accordance <br />with Sections 9.4.1.1 through Sections 9.4.1.4. None of the fee percentages <br />authorized in this Section 9.4.1.5 may be compounded with any other fee <br />percentage or percentages authorized in this paragraph. <br />.5 The total summed Fee of the first-tier Subcontractor and all lower-tier <br />Subcontractors shall not exceed 25%. If the Fee would otherwise exceed <br />25%, the Design-Builder shall proportionately reduce the Fee percentage for <br />the Design-Builder and all Subcontractors except for the Subcontractor <br />supplying material or performing work with its own forces. None of the fee <br />percentages authorized in this Section 9.4.1.5 may be compounded with any <br />other fee percentage or percentages authorized in this Section. <br />If a change in the Work involves both additive and deductive items, the <br />appropriate Fee allowed will be added to the net difference of the items. If the <br />net difference is negative, no Fee will be added to the negative figure as a further <br />deduction. The parties acknowledge that the fees listed in this Section are higher <br />than the fees and overhead normally included in determining the Subcontractor’s <br />subcontract price; that these higher percentages are a sufficient amount to <br />compensate the Subcontractor for all effects and impacts of Changes in the <br />Work; and that the resultant overcompensation of the Subcontractor for some <br />Changes compensates the Subcontractor for any Changes for which the <br />Subcontractor believes the percentage is otherwise insufficient. <br />9.4.1.6 Cost of change in insurance or bond premium: This is added to the sum of <br />the amounts specified in Sections 9.4.1.1 through 9.4.1.5 and is defined as: <br />.1 Subcontractors’ liability insurance: The actual cost (expressed as a <br />percentage submitted with the certificate of insurance, subject to audit, and <br />not to exceed 1.25%) of any changes in the Subcontractor’s liability <br />insurance arising directly from the changed Work; and <br />.2 Public works bond: The actual cost (expressed as a percentage submitted <br />with evidence of bondability, subject to audit, and not to exceed 1.0%) of the <br />change in the Subcontractor’s premium for any statutorily or contractually <br />required performance and payment bond arising directly from the changed <br />Work. <br />Upon request, the Subcontractor shall provide the Owner with supporting <br />documentation from its insurer or surety of any claimed cost.