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(04-01-01) Sea Wall Replacement & Restoration
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Last modified
6/13/2012 12:25:47 AM
Creation date
1/6/2011 11:55:55 AM
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CityClerk-Bids_RFP_RFQ
Project Name
Sea Wall Replacement & Restoration
Bid No. (xx-xx-xx)
04-01-01
Project Type (Bid, RFP, RFQ)
Bid
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Cash Allowances: <br />11.8. It is understood that CONTRACTOR has included in <br />the Contract Price all allowances so named in the Contract <br />Documents and shall cause the Work so covered to be fur- <br />nished and performed for such sums as may be acceptable to <br />OWNER and ENGINEER. CONTRACTOR agrees that: <br />11.8.1. the allowances include the cost to CONTRAC- <br />TOR (less any applicable trade discounts) of materials and <br />equipment required by the allowances to be delivered at the <br />site, and all applicable taxes; and <br />11.8.2. CONTRACTOR's costs for unloading and han- <br />dling on the site, labor, installation costs, overhead, profit <br />and other expenses contemplated for the allowances have <br />been included in the Contract Price and not in the allowances <br />and no demand for additional payment on account of any of <br />the foregoing will be valid. <br />Prior to final payment, an appropriate Change Order will be <br />issued as recommended by ENGINEER to reflect actual <br />amounts due CONTRACTOR on account of Work covered by <br />allowances, and the Contract Price shall be correspondingly <br />adjusted. <br />11.9. Unit Price Work: <br />11.9.1. Where the Contract Documents provide that all <br />or part of the Work is to be Unit Price Work, initially the <br />Contract Price will be deemed to include for all Unit Price <br />Work an amount equal to the sum of the established unit <br />price for each separately identified item of Unit Price Work <br />times the estimated quantity of each item as indicated in the <br />Agreement. The estimated quantities of items of Unit Price <br />Work are not guaranteed and are solely for the purpose of <br />comparison of Bids and determining an initial Contract <br />Price. Determinations of the actual quantities and classifica- <br />tions of Unit Price Work performed by CONTRACTOR will <br />be made by ENGINEER in accordance with paragraph 9.10. <br />11.9.2. Each unit price will be deemed to include an <br />amount considered by CONTRACTOR to be adequate to <br />cover CONTRACTOR's overhead and profit for each sepa- <br />rately identified item. <br />11.9.3. OWNER or CONTRACTOR may make a claim <br />for an adjustment in the Contract Price in accordance with <br />Article 11 if: <br />11.9.3.1. the quantity of any item of Unit Price Work <br />performed by CONTRACTOR differs materially and sig- <br />nificantly from the estimated quantity of such item indi- <br />cated in the Agreement; and <br />11.9.3.2. there is no corresponding adjustment with <br />respect to any other item of Work; and <br />11.9.3.3. if CONTRACTOR believes that CONTRAC- <br />TOR is entitled to an increase in Contract Price as a result <br />35 <br />of having incurred additional expense or OWNER be- <br />lieves that OWNER is entitled to a decrease in Contract <br />Price and the parties are unable to agree as to the amount <br />of anv such increase or decrease. <br />ARTICLE 12— CHANGE OF CONTRACT TIMES <br />12.1. The Contract Times (or Milestones) may only be <br />changed by a Change Order or a Written Amendment. Any <br />claim for an adjustment of the Contract Times (or Milestones) <br />shall be based on written notice delivered by the party making <br />the claim to the other party and to ENGINEER promptly (but <br />in no event later than thirty days) after the occurrence of the <br />event giving rise to the claim and stating the general nature of <br />the claim. Notice of the extent of the claim with supporting <br />data shall be delivered within sixty days after such occurrence <br />(unless ENGINEER allows an additional period of time to <br />ascertain more accurate data in support of the claim) and shall <br />be accompanied by the claimant's written statement that the <br />adjustment claimed is the entire adjustment to which the <br />claimant has reason to believe it is entitled as a result of the <br />occurrence of said event. All claims for adjustment in the <br />Contract Times (or Milestones) shall be determined by ENGI- <br />NEER in accordance with paragraph 9.11 if OWNER and <br />CONTRACTOR cannot otherwise agree. No claim for an <br />adjustment in the Contract Times (or Milestones) will be valid <br />if not submitted in accordance with the requirements of this <br />paragraph 12.1. <br />12.2. All time limits stated in the Contract Documents are <br />of the essence of the Agreement. <br />12.3. Where CONTRACTOR is prevented from complet- <br />ing any part of the Work within the Contract Times (or <br />Milestones) due to delay beyond the control of CONTRAC- <br />TOR, the Contract Times (or Milestones) will be extended in an <br />amount equal to the time lost due to such delay if a claim is <br />made therefor as provided in paragraph 12.1. Delays beyond <br />the control of CONTRACTOR shall include, but not be limited <br />to, acts or neglect by OWNER, acts or neglect of utility owners <br />or other contractors performing other work as contemplated by <br />Article 7, fires, floods, epidemics, abnormal weather condi- <br />tions or acts of God. Delays attributable to and within the <br />control of a Subcontractor or Supplier shall be deemed to be <br />delays within the control of CONTRACTOR. <br />12.4. Where CONTRACTOR is prevented from complet- <br />ing any part of the Work within the Contract Times (or <br />Milestones) due to delay beyond the control of both OWNER <br />and CONTRACTOR, an extension of the Contract Times (or <br />Milestones) in an amount equal to the time lost due to such <br />delay shall be CONTRACTOR's sole and exclusive remedy for <br />such delay. In no event shall OWNER be liable to CONTRAC- <br />TOR, any Subcontractor, any Supplier, any other person or <br />organization, or to any surety for or employee or agent of any <br />of them, for damages arising out of or resulting from (i) delays <br />caused by or within the control of CONTRACTOR, or (ii) <br />
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