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Agenda - 12-11-2007-4lxtr
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Agenda - 12-11-2007-4lxtr
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9/1/2008 9:47:35 PM
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BOCC
Date
12/11/2007
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Agenda
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4lxtr
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Minutes - 20071211
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whereupon the Contractor shalE so proceed and keep accurate4y, in such farm as may <br />be required by the GMAR, a correct account of casts together with, aft proper invoices, <br />payrolls, and supporting data therefore. <br />15.4 Where the Gantract Price Is to be adjusted, the fallowing limitations shalt apply in <br />de#ermining the amount of adjustment: <br />(a} 4n the case of extra or emergency work, the Gantract Price shalt not be Increased by <br />more than the reasonable, actual, and documented net cost of the extra or emergency <br />work plus ten percent {10%) of such net cast on Work performed by the Contractor and <br />five percent {5%} thereof on any subcontracted Work for overhead and profit combined. <br />(b) to the case of a decrease in Work, the Contract Price shat! not be decreased by less <br />Phan the'net cost of the deleted Work.ptus five percent (5%) of such direct net cost far <br />profit and overhead. <br />The term 'net cost' as used herein shat! include, as applicable, and sha14 be limited ta, alt <br />direct labor, direct material, direct equipment, tabor burden, sales taxes, shipping .and <br />handling charges, permits and fees, and insurance and band premium adustments, if any, <br />attributable to the change. Ali other items of cast shall be considered as overhead and <br />covered by the percentages allowed in sections (a} and (b) of this paragraph. <br />The Contractor shall provide worksheets ar tabulations describing the method by which the <br />direct net cost was calculated, and shall provide alt data needed to support the calculation <br />of the d'srect net cost, a!t in a farm acceptable to the CMAR. <br />ARTICLE 16, tlNFORESEEPt CONDITIONS <br />16.1 Should the Contractor encounter unforeseen conditions at the Project. site materially <br />differing from those shown on the Drawings ar indicated in the Specifccatlans or differing <br />materially from those ordinarily encountered and generally recogn'szed as inherent in work <br />of the character provided for in this Agreement, the Contractor shall immediately, and in nn <br />event more than three {3) days later, give notice to the GMAR of such conditions before <br />they are disturbed. The GMAR shat! thereupon promptly notify the Designer and Owner <br />and investigate the conditions. The Cfv1AR shalt as soon as practicable request that the <br />Designer make such changes in the brawings and/or Specifications as the CMAR anti the <br />Contractor believe are necessary to continue the Work, Any increase or decrease in the <br />Contract price resulting from such changes she!! be adjusted in the manner provided <br />herein far adjustments as to extra andfor additional Work and changes. The CMAR shall <br />not be liable ar responsible for addttianal work, costs, or changes to the Wark that could <br />have been reasonably determined tram any reports, surveys, and analyses made available <br />far the Contractor`s review or that could have been discovered by the Contractor through <br />the performance of its obligations pursuant to the Contract Documents. <br />ARTICLE 17. G4RRECTION OF WORK SEI=ORE FINAL PAYMENT <br />17.1 The ©wner and the CMAR have the authority to stop or suspend Work and to order Wark <br />removed or to order corrections of defective Work or Wark not in compliance with the <br />Contract Documents where such action may be necessary to ensure successful completion <br />of the Work. <br />Any work, materials, fabricated items; ar other parts of the Workwhich have been found by <br />the CMAR, the Qwner ar the Designer to be defective or not fi 2ecardance with the <br />Contract Documents shat! be condemned and shall be removed from the Project by the <br />Contractor, and immediately replaced by new Work in accordance with the Contract <br />GENERAL Ct~NDtTlQN5 FC~R CM AT RISK PROJECT 32 of 42 JUNE 2007 EDITIdN <br />
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