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Agenda - Council - 09/27/2016
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Agenda - Council - 09/27/2016
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Meetings
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Agenda
Meeting Type
Council
Document Date
09/27/2016
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correction of defective Work, disposal of <br />materials or equipment wrongly supplied, <br />and making good any damage to <br />property. <br />5. Other overhead or general expense costs <br />of any kind and the costs of any item not <br />specifically and expressly included in <br />Paragraphs 11.O1.A and 11.O1.B. <br />C. Contractor's Fee: When all the Work is <br />performed on the basis of cost-plus, <br />Contractor's fee shall be determined as set <br />forth in the Agreement. When the value of <br />any Work covered by a Change Order or <br />when a Claim for an adjustment in Contract <br />Price is determined on the basis of Cost of the <br />Work, Contractor's fee shall be determined as <br />set forth in Paragraph 12.01.C. <br />D. Documentation: Whenever the Cost of the <br />Work for any purpose is to be determined <br />pursuant to Paragraphs 11.01.A and 11.01.B, <br />Contractor will establish and maintain records <br />thereof in accordance with generally accepted <br />accounting practices and submit in a form <br />acceptable to Engineer an itemized cost <br />breakdown together with supporting data. <br />11.02 Allowances <br />A. It is understood that Contractor has included <br />in the Contract Price all allowances so named <br />in the Contract Documents and shall cause the <br />Work so covered to be performed for such <br />sums and by such persons or entities as may <br />be acceptable to Owner and Engineer. <br />B. Cash Allowances <br />1. Contractor agrees that: <br />a. the cash allowances include the cost <br />to Contractor (less any applicable <br />trade discounts) of materials and <br />equipment required by the <br />allowances to be delivered at the <br />Site, and all applicable taxes; and <br />b. Contractor's costs for unloading and <br />handling on the Site, labor, <br />installation, overhead, profit, and <br />other expenses contemplated for the <br />cash allowances have been included <br />in the Contract Price and not in the <br />allowances, and no demand for <br />additional payment on account of <br />any of the foregoing will be valid. <br />C. Contingency Allowance <br />1. Contractor agrees that a contingency <br />allowance, if any, is for the sole use of <br />Owner to cover unanticipated costs. <br />D. Prior to final payment, an appropriate Change <br />Order will be issued as recommended by <br />Engineer to reflect actual amounts due <br />Contractor on account of Work covered by <br />allowances, and the Contract Price shall be <br />correspondingly adjusted. <br />11.03 Unit Price Work <br />A. Where the Contract Documents provide that <br />all or part of the Work is to be Unit Price <br />Work, initially the Contract Price will be <br />deemed to include for all Unit Price Work an <br />amount equal to the sum of the unit price for <br />each separately identified item of Unit Price <br />Work times the estimated quantity of each <br />item as indicated in the Agreement. <br />B. The estimated quantities of items of Unit <br />Price Work are not guaranteed and are solely <br />for the purpose of comparison of Bids and <br />determining an initial Contract Price. <br />Determinations of the actual quantities and <br />classifications of Unit Price Work performed <br />by Contractor will be made by Engineer <br />subject to the provisions of Paragraph 9.07. <br />C. Each unit price will be deemed to include an <br />amount considered by Contractor to be <br />adequate to cover Contractor's overhead and <br />profit for each separately identified item. <br />D. Owner or Contractor may make a Claim for <br />an adjustment in the Contract Price in <br />accordance with Paragraph 10.05 if: <br />1. the quantity of any item of Unit Price <br />Work performed by Contractor differs <br />materially and significantly from the <br />estimated quantity of such item indicated <br />in the Agreement; and <br />2. there is no corresponding adjustment <br />with respect any other item of Work; and <br />Standard General Conditions <br />00 72 00-35 <br />
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