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2008-356A
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2008-356A
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Last modified
4/18/2016 11:48:48 AM
Creation date
10/1/2015 1:03:24 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Contract
Approved Date
11/04/2008
Control Number
2008-356A
Agenda Item Number
8.X.
Entity Name
Sheltra & Son Construction
Subject
5th Street SW Bridge Replacement
Area
5th St. and 43rd Avenue
Project Number
0206
Bid Number
2008075
Supplemental fields
SmeadsoftID
8045
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quate to cover CONTRACTOR's overhead and profit Documents and agreement to a lump sum is <br /> for each separately identified item . not reached under paragraph 12 .01 . 13 .2 , on the <br /> basis of the Cost of the Work (determined as <br /> C . OWNER or CONTRACTOR may make a provided in paragraph 11 .01 ) plus a <br /> Claim for an adjustment in the Contract Price in accor- CONTRACTOR's fee for overhead and profit <br /> dance with paragraph 10 .05 if: (determined as provided in paragraph 12 .01 . C). <br /> 1 . the quantity of any item of Unit Price C . CONTRACTOR's Fee: The <br /> Work performed by CONTRACTOR differs CONTRACTOR's fee for overhead and profit shall be <br /> materially and significantly from the estimated determined as follows : <br /> quantity of such item indicated in the <br /> Agreement; and 1 . a mutually acceptable fixed fee; or <br /> 2 , there is no corresponding adjustment 2 . if a fixed fee is not agreed upon , then <br /> with respect any other item of Work; and a fee based on the following percentages of the <br /> various portions of the Cost of the Work: <br /> 3 . if CONTRACTOR believes that <br /> CONTRACTOR is entitled to an increase in a . for costs incurred under para- <br /> Contract Price as a result of having incurred graphs 11 .01 .A. 1 and 11 . 01 .A.2 , the <br /> additional expense or OWNER believes that CONTRACTOR's fee shall be 15 percent; <br /> OWNER- is entitled to a decrease in Contract <br /> Price and the parties are unable to agree as to b . for costs incurred under paragraph <br /> the amount of any such increase or decrease. 11 .01 .A. 3 , the CONTRACTOR's fee shall <br /> be five percent; <br /> ARTICLE 12 - CHANGE OF CONTRACT PRICE ; c. where one or more tiers of subcon- <br /> CHANGE OF CONTRACT TIMES tracts are on the basis of Cost of the Work <br /> plus a fee and no fixed fee is - agreed upon , <br /> the intent of paragraph 12 . 01 . C .2 .a is that <br /> 12 .01 Change of Contract Price the Subcontractor who actually performs <br /> the Work, at whatever tier, will be paid a fee <br /> A. The Contract Price may only be changed by a of 15 percent of the costs incurred by such <br /> Change Order or by a Written Amendment , Any Subcontractor under paragraphs 11 .01 .A. 1 <br /> Claim for an adjustment in the Contract Price shall be and 11 . 01 .A.2 and that any higher tier <br /> based on written notice submitted by the party making Subcontractor and CONTRACTOR will <br /> the Claim to the ENGINEER and the other party to the each be paid a fee of five percent of the <br /> Contract in accordance with the provisions of para- amount paid to the next lower tier Subcon- <br /> graph 10 .05 . tractor; <br /> B . The value of any Work covered by a Change d . no fee shall be payable on the <br /> Order or of any Claim for an adjustment in the basis of costs itemized under paragraphs <br /> Contract Price will be determined as follows : 11 . 01 .A.4 , 11 . 01 .A.5 , and 11 .01 . 8 ; <br /> 1 . where the Work involved is covered e . the amount of credit to be allowed <br /> by unit prices contained in the Contract by CONTRACTOR to OWNER for any <br /> Documents , by application of such unit prices to change which results in a net decrease in <br /> the quantities of the items involved (subject .to cost will be the amount of the actual net <br /> the provisions of paragraph 11 .03 ); or decrease in cost plus a deduction in <br /> CONTRACTOR's fee by an amount equal <br /> 2 , where the Work involved is not cov- to five percent of such net decrease; and <br /> ered by unit prices contained in the Contract <br /> Documents, by a mutually agreed lump sum f. when both additions and credits are <br /> (which may include an allowance for overhead involved in any one change, the adjustment <br /> and profit not necessarily in accordance with in CONTRACTOR's fee shall be computed <br /> paragraph 12 .01 . C .2 ) ; or on the basis of the net change in <br /> accordance with paragraphs 12 . 01 . C .2 .a <br /> 3 , where the Work involved is not cov- through 12 .01 . C . 2 .e , inclusive , <br /> ered by unit prices contained in the Contract <br /> 00700 - General Conditions REV 04-07 <br /> 00700 - 34 <br /> FAEngineering\Capital Projects\0206 5th ST SW & 43rd AVE Bridge Replacement & Roadway Improvements\CONTRACT BID\00700 - General Conditions REV 04-07 .doc <br />
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