Reso 2005-825 - Laserfiche WebLink

Home Browse Search

4; Costs due to the negligence of CONTRACTOR, A. Where the Contract Documents provide that all or u any Subcontractor, or anyone directly or indirectly part of the .Work is to be Unit Price Work, initially the employed by any of them or for whose acts any of them Contract Price will be deemed to include for aU Unit Price n may be liable, including but not limited to,.. the . . Worbm amount .equalto the .sum of the unit price for each correction of defective Work, disposal of materials or . separately"identified . item :of .Unit Price Work times the LJ equipment wrongly supplied, and making good any . estimated quantity. of cach.item as indicated in the Agree- damage to property, 1DCIlI.' :rbe.estimated quantities of items of Unit Price Work: n are not guaranteed aDd are solely for the purpose of u comparison of Bids and dctcrmiDiDg an initial Cootract Price. Determinations of die actual quantities and classificati<?DS of n Unit Price Work performed by CONTRACTOR will be made by ENGINEER subject to the provisions of paragraph LJ 9.08. considered .tlminh:trative costs covered by the CONTRACTOR', fee. 2. Expenses of CONTRACTOR's principal and branch offices other than CONTRACTOR's office at the Site. 3. Any part of CONlRACTOR's capital expenses, including interest on CONTRACTOR's capital employed for the Work: aad charges against CONTRACTOR for delinquent payments. S. Other overhead or general expense costs of any kind and the costs of any item DOt specifically and expressly included in paragraphs 11.01.A and 11.0 I.B. C. CONTRAC1'OR's Fee: When all the Work is performed on the basis of cost-plus, CONTRACTOR's fee sba1l be der.erm.ined as set forth in the Agreement. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is detennined on the basis of Cost of the Work, CONTRACTOR '5 fee shall be dctcrmiDod as set forth in paragraph 12.01.C. D. DocwnenIizlitm.. WhcDever the Cost of the Work: for any purpose is to be decermiDed pursuant to paragraphs 1l.01.A aDd 11.01.B, CONnACTOR will establish IIId m_u.in records dJereof in accordaucc with gca,erally acccpecl ICCOUIdiD& prIdice5 IUd submit in a form acceptable to BNOINBEll an ~i7ed cost breablown.; together with supporting data. 11.02 Ouk Allowances A. It is understood Ibat CONTRACTOR has included in the Contrac:t Price all allowances so named in the Contract DonUDeDts IIId shall cause the Wort so covered to be " . performed for such sums IS may be acceptable to OWNER IDd ENGINEER. CONTRAcroR agrees that: 1. the allowaaces iaclude Ihe cost to CONTRAC- TOR (1css my applicable trade cfiscoums) of materials ad cquipmeat n=quimf by Ihe aII~ to be delivered at die Site, IIId all applicable tucI; and 2. CONTRACI'OR's costs for unloadiDg IIId hllfttt1i"l on the Site, labor, iastal1ation costs, overhead, profit, ar:! odaet expemcs coatemp1alcd for Ibc aIIow- 00700 - 32 n LJ ances have been included in the Contract Price and not in the allowances, and 110 demand for additional payment n on account of any of the foregoing will be valid. u B. Prior to fmal payment, an appropriate Change Order n will be issued as recommended by ENGINEER to reflect. actual amounts due CONTRACTOR on account of Work: U covered by allowances, and the Contract Price shall be correspondingly adjusted. n LJ 11.03 Unit Price Worl: n n B. Each unit price will be deemed to include an amount u considered by CONTRACTOR to be adequate to cover CONTRACTOR's overhead and profit for each separate' identified item. n LJ C. OWNER or CONTRACTOR may make a Claim for an adjustment in the Conttacl Price in accordance with paragraph 10.05 if: 1. the quandty of lIlY item of UDit Price Work performed by CONTRACTOR differs .materiaIly and :..... .Iirifit-..ntty :from: die 'PIIfIrnsatecf qOIIIdty of such item iDdicatcd in Cbe Agreement; and n u !l u n 2. there is no corresponding adjustment with respect any other item of Wort: and LJ n 3. if CONTRACTOR believes that CONTRACTOR is eutit1ed to an increase in Contract Price as a rcsultofhaviDg.iDcurred additional expense.or OWNER beUc\'es Ibat OWNER is ealitled to . decrease in Contract Price and die parties are uaable to agree as to the amouat of 811)' such iDcrcase or decrease. LJ n LJ n LJ ,. n LJ n LJ n LJ