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Reso 2007-1150
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Reso 2007-1150
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Last modified
5/12/2022 1:04:08 PM
Creation date
1/28/2008 5:50:22 PM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2007-1150
Date (mm/dd/yyyy)
09/20/2007
Description
Agmt w/Tenex for 172 Street Roadway Improv($1,066,884)
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M1, <br />I <br />� <br />qF <br />N <br />2 <br />r 2 <br />agreed upon schedule of job classifications referred <br />to in Paragraph 11.01.A.1 or specifically covered by <br />Paragraph 11.01.A.4, all of which are to be <br />considered administrative costs covered by the <br />Contractor's fee. <br />2. Expenses of Contractor's principal and <br />branch offices other than Contractor's office at the <br />Site. <br />3. Any part of Contractor's capital expenses, <br />including interest on Contractor's capital employed <br />for the Work and charges against Contractor for <br />delinquent payments. <br />4. Costs due to the negligence of <br />Contractor, any Subcontractor, or anyone directly or <br />indirectly employed by any of them or for whose acts <br />any of them may be liable, including but not limited <br />to, the correction of defective Work, disposal of <br />materials or equipment wrongly supplied, and <br />making good any damage to property. <br />5. Other overhead or general expense costs <br />of any kind and the costs of any item not specifically <br />and expressly included in Paragraphs 11.01.A and <br />11.01.13. <br />C. Contractor's Fee: When all the Work is <br />performed on the basis of cost -plus, Contractor's fee <br />shall be determined as set forth in the Agreement. <br />When the value of any Work covered by a Change <br />Order or when a Claim for an adjustment in Contract <br />Price is determined on the basis of Cost of the Work, <br />Contractor's fee shall be determined as set forth in <br />Paragraph 12.01.C. <br />D. Documentation: Whenever the Cost of <br />the Work for any purpose is to be determined <br />pursuant to Paragraphs 11.01.A and 11.01.6, <br />Contractor will establish and maintain records <br />thereof in accordance with generally accepted ac- <br />counting practices and submit in a form acceptable <br />to Engineer an itemized cost breakdown together <br />with supporting data. <br />11.02 Allowances <br />A. It is understood that Contractor has in- <br />cluded in the Contract Price all allowances so <br />named in the Contract Documents and shall cause <br />the Work so covered to be performed for such sums <br />and by such persons or entities as may be <br />acceptable to Owner and Engineer. <br />B. Cash Allowances <br />1. Contractor agrees that: <br />Final Version 01/07 <br />a. the cash allowances include the cost to <br />Contractor (less any applicable trade <br />discounts) of materials and equipment <br />required by the allowances to be delivered <br />at the Site, and all applicable taxes; and <br />b. Contractor's costs for unloading and <br />handling on the Site, labor, installation , <br />overhead, profit, and other expenses <br />contemplated for the cash allowances have <br />been included in the Contract Price and not <br />in the allowances, and no demand for addi- <br />tional payment on account of any of the <br />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 Owner to <br />cover unanticipated costs. <br />D. Prior to final payment, an appropriate <br />Change Order will be issued as recommended by <br />Engineer to reflect actual amounts due Contractor <br />on account of Work covered by allowances, and the <br />Contract Price shall be correspondingly adjusted. <br />11.03 Unit Price Work <br />A. Where the Contract Documents provide <br />that all or part of the Work is to be Unit Price Work, <br />initially the Contract Price will be deemed to include <br />for all Unit Price Work an amount equal to the sum <br />of the unit price for each separately identified item of <br />Unit Price 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 for the <br />purpose of comparison of Bids and determining an <br />initial Contract Price. Determinations of the actual <br />quantities and classifications of Unit Price Work <br />performed 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 <br />an amount considered by Contractor to be adequate <br />to cover Contractor's overhead and profit for each <br />separately identified item. <br />D. Owner or Contractor may make a Claim <br />for an adjustment in the Contract Price in accor- <br />dance with Paragraph 10.05 if: <br />1. the quantity of any item of Unit Price Work <br />performed by Contractor differs materially and <br />significantly from the estimated quantity of such item <br />indicated in the Agreement; and <br />EJCDC C -700 Standard General Conditions of the Construction Contract. <br />Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. <br />00700-34 <br />03 -4197 <br />
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