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2021-052B
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Last modified
5/6/2021 12:38:34 PM
Creation date
5/6/2021 12:26:36 PM
Metadata
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Template:
Official Documents
Official Document Type
Contract
Approved Date
04/06/2021
Control Number
2021-052B
Agenda Item Number
12.G.2.
Entity Name
Halley Engineering Contractors, Inc.
Subject
Award of Bid No. 2021018 for Construction of 66th Ave Roadway Widening
Area
(49th St. to 69th Street),
Project Number
IRC-1505
Bid Number
2021018
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of them may be liable. Such losses shall include <br />settlements made with the written consent and <br />approval of OWNER. No such losses, <br />damages, and expenses shall be included in the <br />Cost of the Work for the purpose of determining <br />CONTRACTOR's fee. <br />g. The cost of utilities, fuel, and sanitary <br />facilities at the Site. <br />h. Minor expenses such as telegrams, <br />long distance telephone calls, telephone service <br />at the Site, expressage, and similar petty cash <br />items in connection with the Work. <br />i. When the Cost of the Work is used to <br />determine the value of a Change Order or of a <br />Claim, the cost of premiums for additional <br />Bonds and insurance required because of the <br />changes in the Work or caused by the event <br />giving rise to the Claim. <br />j. When all the Work is performed on the <br />basis of cost-plus, the costs of premiums for all <br />Bonds and insurance CONTRACTOR is <br />required by the Contract Documents to <br />purchase and maintain. <br />B. Costs Excluded: The term Cost of the Work <br />shall not include any of the following items: <br />1. Payroll costs and other compensation <br />of CONTRACTOR's officers, executives, princi- <br />pals (of partnerships and sole proprietorships), <br />general managers, engineers, architects, <br />estimators, attorneys, auditors, accountants, <br />purchasing and contracting agents, expediters, <br />timekeepers, clerks, and other personnel <br />employed by CONTRACTOR, whether at the <br />Site or in CONTRACTOR's principal or branch <br />office for general administration of the Work and <br />not specifically included in the agreed upon <br />schedule of job classifications referred to in <br />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 princi- <br />pal and branch offices other than <br />CONTRACTOR's office at the Site. <br />3. Any part of CONTRACTOR's capital <br />expenses, including interest on <br />CONTRACTOR's capital employed for the <br />Work and charges against CONTRACTOR for <br />delinquent payments. <br />4. Costs due to the negligence of CON- <br />TRACTOR, any Subcontractor, or anyone <br />directly or indirectly employed by any of them or <br />for whose acts any of them may be liable, <br />including but not limited to, the correction of <br />defective Work, disposal of materials or <br />equipment wrongly supplied, and making good <br />any damage to property. <br />5. Other overhead or general expense <br />costs of any kind and the costs of any item not <br />specifically and expressly included in <br />paragraphs 11.01.A and 11.01.6. <br />C. CONTRACTOR's Fee: When all the Work is <br />performed on the basis of cost-plus, CONTRACTOR's <br />fee 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 <br />in paragraph 12.01.C. <br />D. Documentation: Whenever the Cost of the <br />Work for any purpose is to be determined pursuant to <br />paragraphs 11.01.A and 11.01.6, CONTRACTOR will <br />establish and maintain records thereof in accordance <br />with generally accepted accounting practices and <br />submit in a form acceptable to ENGINEER an itemized <br />cost breakdown together with supporting data. <br />11.02 Cash Allowances <br />A. It is understood that CONTRACTOR has in- <br />cluded in the Contract Price all allowances so named <br />in the Contract Documents and shall cause the Work <br />so covered to be performed for such sums as may be <br />acceptable to OWNER and ENGINEER. <br />CONTRACTOR agrees that: <br />1. the allowances include the cost to <br />CONTRACTOR (less any applicable trade <br />discounts) of materials and equipment required <br />by the allowances to be delivered at the Site, <br />and all applicable taxes; and <br />2. CONTRACTOR's costs for unloading <br />and handling on the Site, labor, installation <br />costs, overhead, profit, and other expenses <br />contemplated .for the allowances have been <br />included in the Contract Price and not in the <br />allowances, and no demand for additional <br />payment on account of any of the foregoing will <br />be valid. <br />B. Prior to final payment, an appropriate Change <br />Order will be issued as recommended by ENGINEER <br />to reflect actual amounts due CONTRACTOR on <br />account of Work covered by allowances, and the Con- <br />tract Price shall be correspondingly adjusted. <br />11.03 Unit Price Work <br />General Conditions - 00700 - 27 <br />FAPublic Works\ENGINEERING DIVISION PROJECTS\1505-66th Ave Widening_49th Sl to 69th St\t-Admin\Bid Documents\Master Contract Documents\DIV 0_4_Conditions of the <br />Contract.docx <br />
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