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Agmt05 Professional Tree Care
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Agmt05 Professional Tree Care
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Last modified
10/14/2009 10:15:22 AM
Creation date
9/29/2005 9:35:23 AM
Metadata
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Template:
Agreement
Contractor Name
Professional Tree Care Co
PROJECT NAME
tree maintenance
RMP File Number
304.5
Date
9/26/2005
MO Ref
MO 08-139 09-193
Amendment
Yes
Box
6586
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<br />the index published by June 30th of the current year, prior to the commencement of <br />each subsequent Extension Year. To calculate the annual compensation for each <br />subsequent year, the Extension Index shall be divided by the Beginning Index, and the <br />resulting factor, not to exceed 5%, shall be multiplied by the annual compensation of <br />the expiring period. <br /> <br />(c) City shall notify Contractor of each CPI increase by mailing a written statement setting <br />forth the calculation of the compensation. If the format or components of the Index <br />change materially, or if the Index is discontinued, then City shall substitute an index <br />published by the U.S. Department of Labor, Bureau of Labor Statistics or similar agency <br />which is most nearly equivalent to the Index in effect on the commencement date of the <br />Second Extension. <br /> <br />(d) City shall notify Contractor of the substituted index and shall use the substituted index <br />in the calculation of the City's compensation unless Contractor objects in writing within <br />fifteen (15) days after its receipt of City's notice. If Contractor objects, then the <br />substitute index shall be determined in accordance with the rules and regulations of the <br />American Arbitration Association. The cost of such arbitration shall be borne as <br />determined by the American Arbitration association. <br /> <br />(e) Until the compensation for the next Extension Period is agreed upon or set by <br />arbitration, the compensation payable during the preceding Extension Period shall <br />remain in effect. Once compensation for the next Extension Period is agreed upon or <br />set by arbitration, City shall pay Contractor the difference between the amount of <br />compensation paid at the preceding Period and the amount of compensation due for <br />the subsequent Extension Period. In no case shall the compensation during the <br />Extension Period be less than the compensation in effect immediately prior to the <br />commencement of the Extension Period. <br /> <br />IV. CITY'S ENGINEER AND REPRESENTATIVES <br />Reserved <br /> <br />V. CONTRACTOR'S REPRESENTATIONS AND WARRANTIES <br /> <br />In order to induce City to enter into this Agreement, Contractor makes the following <br />representations and warranties: <br /> <br />A. Contractor has visited the Site and has examined thoroughly and understood the <br />nature and extent of the Work, Site, locality, actual conditions, as built conditions, <br />and all local conditions and federal, state and local laws and regulations that in any <br />manner may affect cost, progress, performance or furnishing of Work or which <br />relate to any aspect of the design and the means, methods, techniques, sequences <br />or procedures of construction to be employed by Contractor and safety precautions <br />and programs incident thereto. <br /> <br />B. Contractor has examined thoroughly and understood all reports of exploration and <br />tests of subsurface conditions, drawings or reports, available for design and <br />construction purposes, of physical conditions, or which may be apparent at the Site <br />and accepts the determination set forth in these documents and Document 00210 <br />(General Conditions) of the limited extent of the information contained in these <br />documents upon which the Contractor may be entitled to rely. Contractor agrees <br />that except for the information so identified, Contractor does not and shall not rely <br />on any other information contained in these documents. <br /> <br />AGREEMENT <br /> <br />00200-3 <br />
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