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Reso 2002-433
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Reso 2002-433
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Last modified
7/2/2013 4:27:16 PM
Creation date
1/25/2006 1:57:02 PM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2002-433
Date (mm/dd/yyyy)
04/18/2002
Description
– Agmt w/Weitz Company: Construction Srvs for New City Hall.
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<br />4.2 The Contract Time shall be measured from the date of commencement. <br /> <br />4.3 The Contractor shall achieve Substantial Completion of the entire Work not later than.8Q2 days from the date of <br /> <br />commencement, or as follows: <br />(Insert number of calendar days, Alternatively. a calendar date may be used when coordinated with the date of commencement. Unless stated elsewhere in the <br />Contract Documents, insert any requirements for earlier Substantial Completion of certain portions of the Work.) <br />The Proiect Schedule shall be incOI:porated by Addendum to the A&feement. <br /> <br />, subject to adjustments of this Contract Time as provided in the Contract Documents. <br />(Insert provisions, if any, for liquidated damages relating to failure to complete on time, or for bonus payments for early completion of the Work.) <br /> <br />ARTICLE 5 BASIS FOR PAYMENT <br />5.1 CONTRACT SUM <br />5.1.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract. <br />The Contract Sum is the Cost of the Work as defined in Article 7 plus the Contractor's Fee. The Contractor's Fee for services shall <br />be calculated at Four and One Half Percent (4.5%) of the cost of the Work. This fee shall be fixed at a lUIIlP sum amount at the <br />time the Guaranteed Maximum Price is established. <br /> <br />5.1.2 The Contractor's Fee is: <br />(State a lump sum, percentage of Cost of the Work or other provision for determining the Contractor's Fee. and describe the method of adjustment of the <br />Contractor's Feefor changes in the Work.) <br />For changes to the scope of the work which. exclusive of the Contractor's Fee. collectively increase the cost of the work above the <br />GMP. the Contractor's Fee shall be Four and One Halfpercent (4.5%) for the additional cost of the work. There shall be no <br />change in the Contractor's Fee for deductive changes in the Work. However. the Contractor shall be paid no additional fee for the <br />first Two Hundred Thousand Dollars ($200.000.00) in additive change orders to the project. <br /> <br />5.2 GUARANTEED MAXIMUM PRICE <br />5.2.1 The sum of the Cost of the Work. as defmed by Article 7. and the Contractor's Fee is guaranteed by the Contractor not to <br />exceed Ten Million Dollars Dollars ($10.000.000 ), subject to additions and deductions by Change Order as provided in the <br />Contract Documents. Such maximum sum is referred to in the Contract Documents_ as the Guaranteed Maximum Price. Costs <br />which would cause the Guaranteed Maximum Price to be exceeded shall be paid by the Contractor without reimbursement by the <br />Owner. <br />(Insert specific provisions if the Contractor is to participate in any savings.) <br />5.2.1.1 The original GMP set forth in paragraph 5.2.1 above is a maximum construction cost budget target established by the <br />Owner for the Project. including the Contractors fee for Preconstruction and Construction Services. Owner. Architect and <br />Contractor a&fee to cooperate in good faith and to use best efforts to develop a design and scope for the Project that will allow the <br />construction of the Proiect within the original GMP. At the time the Drawings and Specifications are fmalized sufficient for the <br />Contractor to establish such cost the Agreement shall be amended by Change Order to incOI:porate such finalized Contract <br />Documents as part of the Agreement and to establish the final GMP amount and Contract Time related thereto. Such final GMP <br />amount shall not exceed the original GMP amount unless such increased GMP is s,pecifically ap,proved in writing by the Owner. <br />which shall have been ap,proved by the Ci1;y Commission. <br />5.2.1.2 If the actual Cost of the Work plus the Contractor's Fee is less than the Guaranteed Maximum Price. as adiusted as <br />provided herein. such difference ("savings") shall accrue Six1;y Five percent (65%) to the Owner and Thirty Five percent (35%) to <br />the Contractor. The amount of savings shall be initially determined by the Contractor and submitted to the Owner as part of the <br />final ap,plication for payment as described in Paragraph 12.2 and payment of the savings shall be made with fmal payment as <br />provided in that Paragraph 12.2. Savings shall be the difference between the actual cost of the work plus the Contractor's Fee. and <br />the final GMP including all adjustments made throughout the duration of the project. <br /> <br />5.2.2 The Guaranteed Maximum Price is based on the following alternates, if any, which are described in the Contract <br /> <br />Documents and are hereby accepted by the Owner: <br />(State the numbers or other identification of accepted alternates, If decisions on other alternates are to be made by the Owner subsequent to the execution of this <br />Agreement, attach a schedule of such other alternates showing the amount for each and the date when the amount expires.) <br /> <br />5.2.3 Unit prices, if any, are as follows: <br /> <br />@ AlA DOCUMENT A III -OWNER - CONTRACTOR AGREEMENT - 1997 EDITION - AlA - COPYRIGHT 1997 - THE AMERICAN INSTITUTE OF <br />ARCHITECTS, 1735 NEW YORK AVENUE N,W" WASHINGTON, D,C. 20006-5292, WARNING: Unlicensed photocopying violates U.S, copyright laws and will <br />subject the violator to legal prosecution. This document was electronically produced with permission of the AlA and can be reproduced without violation until the date <br />of expiration as noted below, expiration as noted below, expiration as noted below. User Document: aliI city of sunny,aia -- 4/11/2002. AlA License Number <br />1000746, which expires on 8/8/2002, <br /> <br />Electronic Format Alll-1997 '\ <br />4 ~L, <br />
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