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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 />5.2.4 Allowances, if any, are as follows: <br />(Identify and state the amounts of any allowances. and state whether they include labor, materials, or both,) <br />It is a!:reed that the Guaranteed Maximum Price includes certain items for which all specifications or determinations have not been <br />made. and thus final estimates of cost cannot be made. The Owner has established reasonable allowances for such items. When <br />the actual Cost of the Work for each allowance item is determined. the Guaranteed Maximum Price shall be adjusted by change <br />order by the difference between the allowance amount and the final estimated cost of the Work along with any a'ppro,priate e:eneral <br />conditions. tax. insurance. bond (if any). and Contractor's Fee adiustments. Allowances included are: <br />Whenever costs are less than a stated allowance. 100% of the difference will be returned to the Owner by chan!:e order. <br />Whenever costs are more than a stated allowance. the contract sum will be adjusted by chan!:e order per Articles 5 and 6 <br />accordin!:ly. <br /> <br />5.2.5 AsswnptieBs, if aRj', eD "....Bieh the Gl:laraBteed Maximwn Priee is eased are as follews: <br /> <br />5.2.6 To the extent that the Drawings and Specifications are anticipated to require further development by the Architect, the <br />Contractor has provided in the Guaranteed Maximum Price for such further development consistent with the Contract Documents <br />and reasonably inferable therefrom. Such further development does not include such things as changes in scope, systems, kinds <br />and quality of materials, finishes or equipment, all of which, if required, shall be incorporated by Change Order. <br /> <br />ARTICLE 6 CHANGES IN THE WORK <br />6.1 Adjustments to the Guaranteed Maximum Price on account of changes in the Work may be determined by any of the methods <br />listed in Subparagraph 7.3.3 of AlA Document A201-1997. <br /> <br />6.2 In calculating adjustments to subcontracts (except those awarded with the Owner's prior consent on the basis of cost plus a <br />fee), the tenns "cost" and "fee" as used in Clause 7.3.3.3 of AlA Document A201-1997 and the tenns "costs" and "a reasonable <br />allowance for overhead and profit" as used in Subparagraph 7.3.6 of AlA Document A201-1997 shall have the meanings assigned <br />to them in AlA Document A20 1-1997 and shall not be modified by Articles 5, 7 and 8 of this Agreement. Adjustments to <br />subcontracts awarded with the Owner's prior consent on the basis of cost plus a fee shall be calculated in accordance with the <br />tenns of those subcontracts. <br /> <br />6.3 In calculating adjustments to the Guaranteed Maximum Price, the tenns "cost" and "costs" as used in the above-referenced <br />provisions of AlA Document A201-1997 shall mean the Cost of the Work as defmed in Article 7 of this Agreement and the tenns <br />"fee" and "a reasonable allowance for overhead and profit" shall mean the Contractor's Fee as defmed in Subparagraph 5.1.2 of <br />this Agreement. <br /> <br />6.4 Ifno specific provision is made in Paragraph 5.1 for adjustment of the Contractor's Fee in the case of changes in the Work, or <br />if the extent of such changes is such, in the aggregate, that application of the adjustment provisions of Paragraph 5.1 will cause <br />substantial inequity to the Owner or Contractor, the Contractor's Fee shall be equitably adjusted on the basis of the Fee established <br />for the original Work, and the Guaranteed Maximum Price shall be adjusted accordingly. <br /> <br />ARTICLE 7 COSTS TO BE REIMBURSED <br />7.1 COST OF THE WORK <br />The term Cost of the Work shall mean costs necessarily incurred by the Contractor in the proper performance of the Work. Such <br />costs shall be at rates not higher than the standard paid at the place of the Project except with prior consent of the Owner. The Cost <br />of the Work shall include only the items set forth in this Article 7. <br /> <br />7.2 LABOR COSTS <br />7 .2.1 Wages of eonstnlctioD werkers direetly employed by the CeBtfaeter to perferm the eOBGtmetioD of the VI erk at the site er, <br />with the OV/Ber's ilJlprenl, at eff site ';r:erksnops. Waf:es plus frinf:e benefit charf:es of construction workers directly employed by <br />the Contractor to perform the construction of the Work at the site or at off site workshops and to make deliveries or pickups for the <br />Project. <br /> <br />@ AIA DOCUMENT AlII -OWNER - CONTRACTOR AGREEMENT - 1997 EDITION - AIA - 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 AIA 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, AIA License Number <br />1000746, which expires on 8/8/2002. <br /> <br />Electronic Format AIll-1997 ~. \ <br />5/"" <br />
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