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AgdaPkt 2006-09-11
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AgdaPkt 2006-09-11
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Last modified
11/25/2013 11:42:35 AM
Creation date
9/7/2006 3:30:49 PM
Metadata
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Template:
CC Index
CC Index - Document Type
Agenda Packet
Meeting Type
Regular
Agency Type
City Council & Redevelopment
Date
9/11/2006
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. 6.1 D <br /> Page 9 <br /> the index pubiished by June 30`" of the current year, priar to the eommencernent af <br /> each subsequent Extensian Year. Ta catculate the annuai compensation for each <br /> subsequenf year, the Extension Index shali be dividec! by the Beginning Index, and the <br /> resufting factor, not to exceed 5�%, shali be rrmuftiplied by the annuai campensafion of <br /> fhe expiring periac#. <br /> (c) City shalE notify Contractar of each CP! increase by mailing a written statement setting <br /> forth the caiculation of the compensation. If the format or components of the Index <br /> change materialEy, or if #he Index is discontinued, tl�en City shall substitute an index <br /> pubfished by the U.S. Deparfinent of Labor,Bureau o#Labor Statistics or similar agency <br /> which is most nearfy equlvalent to the Index in effect an the commencement date of the <br /> Second Extension. <br /> (d} City shaii noFify Contractor of the substi�uted index and sha)I use the substifuted index <br /> in the calculation of the Cify's campensation unless Contractor nbjects in writing within <br /> fifteen (15} days after its receipt of City's naSce. lf Contractor objects, then the <br /> substitute index shatl be determined in accardance with the rules and regufations of the <br /> American Arbi�ra#ion Assaciation. 7he cosi of such ar6itration shall be borne as <br /> defermined by the American Arbitration association. <br /> (e) Until the compensatian for the next Extension Period Is agreed upon or set by <br /> arbltration, the compensation payable during the preceding Extension Period shall <br /> remain in effeet. Once campensatiort for the next Extensian Period is agreed upon or <br /> set by arbi#ratian, Cify shatt pay Contractor the diiference between the amount of <br /> compensatian paid at the preceding Periad and the amount of compensa#ion due far <br /> the subsequent Extension Peraad. Iri na case shail the Gompensation during the <br /> Extension Period be iess than the compensation in effect lmmediately prior ta the <br /> commencement of the Extension Periad. <br /> N. CITY'S ENGt�EEER AND REPRESENTATNES <br /> Resenred <br /> V. CONTRACTOR'S REPRESEN7ATtONS AND WARRANTI�S <br /> In order to induce City to enter into fhis Agreement, Contractor makes fhe following <br /> representations and warranties: <br /> A. Contracior has vrsited tne 5rte and has examined thoroughly and uncferstoad the <br /> nafure and extent nf the Work, Site, locatity, actual canditians, as built conditions, <br /> and aH toca!canditions and federal, state and iocai iaws and regufations that in any <br /> manner may affect cost, progress, performance or fumishing of Work or which <br /> retate to any aspect of the design and the means, methods, techniques, sequences <br /> or procedures of construction to be empioyed by Cantractar and safety precaut+ons <br /> ar�d programs incident theretn. <br /> B. Cantractor has examined thoroughly and understood atl 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 0�210 <br /> {Generai Conditions� of the limited extent of the infarmatian contained in these <br /> documents upon which the Confractor may be enfitleti to r�1y, Con#ractor agrees <br /> that except fc�r the information sa identif'�ed, Contractor does nof and shall not rely <br /> on any other infarmation contained ir�#hese dacuments. <br /> AGREEMENT 00200-3 <br />
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