Common use of Basis for Payment Clause in Contracts

Basis for Payment. 5.1 Contractor acknowledges that Owner is a tax-exempt entity and that Owner has appropriated funds for this Project in a sum equal to or in excess of the Base Bid Price. 5.2 Upon and subject to the provisions and conditions of this Section 5 and as set forth in the Contract Documents, Owner shall pay Contractor, for Contractor’s performance of the Work under the Contract Documents, in accordance with the unit prices set forth in Contractor’s Bid Form, attached here to as Exhibit A (the “Unit Prices”). The total compensation for Contractor’s Work on the Project shall not exceed (“Base Bid Price”). The Base Bid Price was calculated by the parties based upon the Unit Prices set forth in Contractor’s Bid Form. 5.3 The Base Bid Price includes, without limitation, the entire amount of overhead and profit payable to Contractor in connection with the Work under the Contract Documents. Contractor shall not have the right to, nor shall it seek to recover, any additional compensation for overhead and profit. Unit quantities actually incorporated in the Project may be adjusted subject to the not to exceed Base Bid Price in Section 5.2 above and in accordance with the Contract Documents. In no event shall the Unit Prices set forth in Exhibit A (Contractor’s Bid Form) be adjusted. 5.4 Where the quantity of Work with respect to any item that is covered by a Unit Price differs materially and significantly from the quantity of such Work indicated in the Contract Documents, an appropriate Change Order (additive or deductive) may be issued with written approval of Owner in accordance with the Contract Documents. Notwithstanding the foregoing, in no event will a change modify the Base Bid Price without a Change Order approved by Owner. 5.5 County will not withhold any taxes from monies paid to the Contractor hereunder and Contractor agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. 5.6 Pursuant to the provisions of Section 24-91-103.6 C.R.S., and notwithstanding anything to the contrary contained elsewhere in the Contract Documents, no Change Order or other form of order or directive by Owner, and no amendment to this Agreement, requiring additional compensable Work to be performed which Work causes the aggregate amount payable under the Agreement to exceed the amount appropriated for the original Agreement, shall be of any force or effect unless accompanied by a written assurance by Owner that lawful appropriations to cover the costs of the additional Work have been made or unless such Work is covered under a remedy- granting provision in the Agreement. 5.7 The signatories to this Agreement aver to their knowledge, that no employee of the County has any personal or beneficial interest whatsoever in the Work, service or property described in this Agreement. Contractor has no interest and shall not acquire any interest, direct or indirect, that would conflict in any matter or degree with the performance of Contractor’s Work or services and Contractor shall not employ any person having such known interests. 5.8 Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement after, nor shall any payments be made to Contractor in respect of any period after December 31 without an appropriation therefore by County in accordance with a budget adopted by the Board of County Commissioners in compliance with Article 25, Title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. § 29-1-101 et seq.) and the ▇▇▇▇▇ Amendment (Colorado Constitution, Article X, Sec. 20).

Basis for Payment. 5.1 Contractor acknowledges that Owner is a tax-exempt entity and that Owner has appropriated funds for this Project in a sum equal to or in excess of the Base Bid Price. 5.2 Upon and subject to the provisions and conditions of this Section 5 and as set forth in the Contract Documents, Owner shall pay Contractor, for Contractor’s performance of the Work under the Contract Documents, in accordance with the unit prices set forth in Contractor’s Bid Form, attached here to as Exhibit A (the “Unit Prices”). The total compensation for Contractor’s Work on the Project shall not exceed (“Base Bid Price”). The Base Bid Price was calculated by the parties based upon the Unit Prices set forth in Contractor’s Bid Form. 5.3 The Base Bid Price includes, without limitation, the entire amount of overhead and profit payable to Contractor in connection with the Work under the Contract Documents. Contractor shall not have the right to, nor shall it seek to recover, any additional compensation for overhead and profit. Unit quantities actually incorporated in the Project may be adjusted subject to the not to exceed Base Bid Price in Section 5.2 above and in accordance with the Contract Documents. In no event shall the Unit Prices set forth in Exhibit A (Contractor’s Bid Form) be adjusted. 5.4 Where the quantity of Work with respect to any item that is covered by a Unit Price differs materially and significantly from the quantity of such Work indicated in the Contract Documents, an appropriate Change Order (additive or deductive) may be issued with written approval of Owner in accordance with the Contract Documents. Notwithstanding the foregoing, in no event will a change modify the Base Bid Price without a Change Order approved by Owner. 5.5 County will not withhold any taxes from monies paid to the Contractor hereunder and Contractor agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. 5.6 Pursuant to the provisions of Section 24-91-103.6 C.R.S., and notwithstanding anything to the contrary contained elsewhere in the Contract Documents, no Change Order or other form of order or directive by Owner, and no amendment to this Agreement, requiring additional compensable Work to be performed which Work causes the aggregate amount payable under the Agreement to exceed the amount appropriated for the original Agreement, shall be of any force or effect unless accompanied by a written assurance by Owner that lawful appropriations to cover the costs of the additional Work have been made or unless such Work is covered under a remedy- granting provision in the Agreement. 5.7 The signatories to this Agreement aver to their knowledge, that no employee of the County has any personal or beneficial interest whatsoever in the Work, service or property described in this Agreement. Contractor has no interest and shall not acquire any interest, direct or indirect, that would conflict in any matter or degree with the performance of Contractor’s Work or services and Contractor shall not employ any person having such known interests. 5.8 Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement after, nor shall any payments be made to Contractor in respect of any period after December 31 without an appropriation therefore by County in accordance with a budget adopted by the Board of County Commissioners in compliance with Article 25, Title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. § 29-1-101 et seq.) and the ▇▇▇▇▇ TABOR Amendment (Colorado Constitution, Article X, Sec. 20).

Basis for Payment. 5.1 Contractor acknowledges that Owner is a tax-exempt entity entity, and that Owner has appropriated funds for this Project in a sum equal to or in excess of the Base Bid Price. 5.2 Upon and subject to the provisions and conditions of this Section Article 5 and as set forth in the Contract Documents, Owner shall pay Contractor, for Contractor’s performance of the Work under the Contract Documents, in accordance with the unit prices Unit Prices set forth in Contractor’s Bid Form, attached here to hereto as Exhibit A (the “Unit Prices”). The total compensation for Contractor’s Work on the Project shall not exceed $98,500.00 (“Base Bid Price”). The Base Bid Price was calculated by the parties based upon the Unit Prices set forth in Contractor’s Bid Form. 5.3 The Base Bid Price includes, without limitation, the entire amount of overhead and profit payable to Contractor in connection with the Work under the Contract Documents. Contractor shall not have the right to, nor shall it seek to recover, any additional compensation for overhead and profit. Unit quantities actually incorporated in the Project may be adjusted subject to the not to exceed Base Bid Price in Section paragraph 5.2 above and in accordance with the Contract Documents. In no event shall the Unit Prices set forth in Exhibit A (Contractor’s Bid Form) be adjusted. 5.4 Where the quantity of Work with respect to any item items that is covered by a Unit Price differs materially and significantly from the quantity of such Work indicated in the Contract Documents, an appropriate Change Order (additive or deductive) may be issued with written approval of Owner in accordance with the Contract Documents. Notwithstanding the foregoing, in no event will a change modify the Base Bid Price without a Change Order approved by Owner. 5.5 County will not withhold any taxes from monies paid to the Contractor hereunder and Contractor agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. 5.6 Pursuant to the provisions of Section C.R.S. § 24-91-103.6 C.R.S.103.6, and notwithstanding anything to the contrary contained elsewhere in the Contract Documents, no Change Order or other form of order or directive by Owner, and no amendment to this Agreement, requiring additional compensable Work to be performed performed, which Work causes the aggregate amount payable under the Agreement to exceed the amount appropriated for the original Agreement, shall be of any force or effect unless accompanied by a written assurance by Owner that lawful appropriations to cover the costs of the additional Work have been made or unless such Work is covered under a remedy- remedy-granting provision in the Agreement. 5.7 The signatories to this Agreement aver to their knowledge, that no employee of the County has any personal or beneficial interest whatsoever in the Work, service or property described in this Agreement. Contractor has no interest and shall not acquire any interest, direct or indirect, that would conflict in any matter or degree with the performance of Contractor’s Work or services and Contractor shall not employ any person having such known interests. 5.8 Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement after, nor shall any payments be made to Contractor in respect of any period after December 31 31, without an appropriation therefore by County in accordance with a budget adopted by the Board of County Commissioners in compliance with Article 25, Title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. § 29-1-101 et seq.) and the ▇▇▇▇▇ Amendment (Colorado Constitution, Article X, Sec. 20).

Basis for Payment. 5.1 Contractor acknowledges that Owner is a tax-exempt entity entity, and that Owner has appropriated funds for this Project in a sum equal to or in excess of the Base Bid Price. 5.2 Upon and subject to the provisions and conditions of this Section Article 5 and as set forth in the Contract Documents, Owner shall pay Contractor, for Contractor’s performance of the Work under the Contract Documents, in accordance with the unit prices Unit Prices set forth in Contractor’s Bid Form, attached here to hereto as Exhibit A (the “Unit Prices”). The total compensation for Contractor’s Work on the Project shall not exceed $150,650.53 (“Base Bid Price”). The Base Bid Price was calculated by the parties based upon the Unit Prices set forth in Contractor’s Bid Form. 5.3 The Base Bid Price includes, without limitation, the entire amount of overhead and profit payable to Contractor in connection with the Work under the Contract Documents. Contractor shall not have the right to, nor shall it seek to recover, any additional compensation for overhead and profit. Unit quantities actually incorporated in the Project may be adjusted subject to the not to exceed Base Bid Price in Section paragraph 5.2 above and in accordance with the Contract Documents. In no event shall the Unit Prices set forth in Exhibit A (Contractor’s Bid Form) be adjusted. 5.4 Where the quantity of Work with respect to any item items that is covered by a Unit Price differs materially and significantly from the quantity of such Work indicated in the Contract Documents, an appropriate Change Order (additive or deductive) may be issued with written approval of Owner in accordance with the Contract Documents. Notwithstanding the foregoing, in no event will a change modify the Base Bid Price without a Change Order approved by Owner. 5.5 County will not withhold any taxes from monies paid to the Contractor hereunder and Contractor agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. 5.6 Pursuant to the provisions of Section C.R.S. § 24-91-103.6 C.R.S.103.6, and notwithstanding anything to the contrary contained elsewhere in the Contract Documents, no Change Order or other form of order or directive by Owner, and no amendment to this Agreement, requiring additional compensable Work to be performed performed, which Work causes the aggregate amount payable under the Agreement to exceed the amount appropriated for the original Agreement, shall be of any force or effect unless accompanied by a written assurance by Owner that lawful appropriations to cover the costs of the additional Work have been made or unless such Work is covered under a remedy- remedy-granting provision in the Agreement. 5.7 The signatories to this Agreement aver to their knowledge, that no employee of the County has any personal or beneficial interest whatsoever in the Work, service or property described in this Agreement. Contractor has no interest and shall not acquire any interest, direct or indirect, that would conflict in any matter or degree with the performance of Contractor’s Work or services and Contractor shall not employ any person having such known interests. 5.8 Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement after, nor shall any payments be made to Contractor in respect of any period after December 31 31, without an appropriation therefore by County in accordance with a budget adopted by the Board of County Commissioners in compliance with Article 25, Title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. § 29-1-101 et seq.) and the ▇▇▇▇▇ TABOR Amendment (Colorado Constitution, Article X, Sec. 20).