WORLD TRADE CENTER - RESIDENTIAL APARTMENTS

NYC 9/11 Public Portal Document

MYC—PEP Inforaat-ion For and Supply & Seryxee Aqreaaent (Rev, n/93)

(9) Ten (10) percent of die total of items 1 through 8 as ccanpensatxOT for jxoiit exc^t that no percentage for overhead and po&t will be allowed cm payroll taxes or ot die premhim portion of overdme pay.

Where dieie are no ^JpIicaWe unit prices fcr extra week ordered pursuant to Artide 17 and performed in whole or in pan fay other tiian die Cemtraetor’s own fences, die Cxxttraaar shall be paid, sid^ect to audit by die Department, and subject to a post audit fay the Comptroller, only the actual and reasonaUe cost of sudi subcOTiracted work ennpined as outlined above, plus an addidcmal allowance ctf five (5) percent to cover die Cmnracur’s profit, siqjerintendence, administration, insurance and odier overhead.

Where a change is ordered, involving both extra work and omitted or reduced omttract work, die contract price shall be adjusted, sid^eet to audit fay die Department, and subject to a post ataht fay the Compor^ler in an amouffi based on the difference between die value of such extra wnk and of the work canitted or reduced. The cost rtf' such extra wotk and of such omitted ex reduced wexk shall be conqxtted in aoccxdance widi items I through 7of tins Article. If the cost of such extra wOTk exceeds die cost of the wcffk omitted ex reduced, the contract price shall be increased by die difference, jrfus ten (10) pereent thereof, as oonqiensatiaii for all other items of cost ex esqiense administraticai. overhead, superintecdsnee and small tools. plus an adtfiticmal ten (10) percent on die total dieteof as omx^Knsatimi fix* profit, if die cost of work onitted or reduced exceeds the cost of such extra work, thoi the ccxitract price shall be reduced by such differences.

Where the Contractor and die Commissianer can agree tqxan another method of payment for extra work, or for extra work ortiered in COTnecdon widi omitted or reduced work, sudi method, subject to audit and revisioE by the Comptroller, may, at die opdem of the Commissioner be substituted for die cost plus a percentage method provided. However, that if the work is performed by a subcontractor, the Ctxaractor shall not be entitled to receive more than an additional allowance of ten (10) percent over and above die actual and reascmable cost of such sufacomracior’s work.

17.3 DISPUTED WORK. DETERMINATION OR ORDER If the Cmitractor is of die opinion.

1. that any work ordered to be done as ccxiiract work Project Manager, is extra work and not amtrac: work; (x

2. that any determination or order of the Commissioner, ex* Project Manager violates the terms and provisiOTS of this contract, he must preonptiy, and before proceeding widi sac± work or cmnplying with such deterndnatica ex* order, or simultaneously therewith ncxify the Commissioner in writing of the reasons for his opinion wim respect thereto, and request a final determination thereon. Sudi determination shall be rendered within a reascaiabie time.

If the Commissioner determines dial die work in question is contract work and not extra

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