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amounts due CONTRACTOR on account of Work covered by 2 where the Work involved is not covered by unit allowances, and the Contract Price shall be correspondingly primo contained in the Contract Documents, by a adjusted. mutually agreed lump sum (which may include an 11 .03 Unit Price Work allowance for overhead and profit not necessarily in accordance with paragraph 12.01 .C.2); or A. Where the Contract Documents provide that all or part 3.where the Work involved is not covered by unit of the Work is to be Unit Price Work, initially the Contract Price ices contained in the Contract Documents and will be deemed to include for all Unit Price Work an amount P agreement to a lump sum is not reached under equal to the sum of the unit price for each separately identified item of Unit Price Work times the estimated quantity of each paragraph 12.01 . 8.21 on the basis of the Cost of the item as indicated in the Agreement. The estimated quantities of Work (determined as provided in paragraph 11 .01 ) plus items of Unit Price Work are not guaranteed and are solely for a CONTRACTOR's fee for overhead and profit the purpose of comparison of Bids and determining an initial (determined as provided in paragraph 12.01 .C). Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by CONTRACTOR C. CONTRAChall b Fee: The CONTRACTOR's's fee for will be made by ENGINEER subject to the provisions of overhead and profit shall be determined as follows: r paragraph 9.08. 1 . a mutually acceptable fixed fee; or B. Each unit price will be deemed to include an amount 2. if a foxed fee is not agreed upon, then a fee considered by CONTRACTOR to be adequate to cover on the following percentages of the various CONTRACTOR's overhead and profit for each separately based ponce of the Cost of the Work: identified item. C. OWNER or CONTRACTOR may make a Claim for an a. for costs incurred under paragraphs adjustment in the Contract Price in accordance with 11 .01 .A. 1 and 11 ,01 .A.2, the CONTRACTOR's fee paragraph 10.05 if. shall be 15 percent; 1 .the quantity of any item of Unit Price Work b. for costs incurred under paragraph performed by CONTRACTOR differs materially and 11 .01A. 3, the CONTRACTOR's fee shall be fire significantly from the estimated quantity of such item percent; indicated in the Agreement; and c. where one or more tiers of subcontracts 2.there is no corresponding adjustment with are on the basis of Cost of the Work plus a fee and respect any other item of Work; and no fixed fee is agreed upon, the intent of paragraph 12.01 .C.2.a is that the Subcontractor who actually 31 CONTRACTOR believes that CONTRACTOR performs the Work, at whatever tier, will be paid a is entitled to an increase in Contract Price as a result of fee of 15 percent of the costs incurred by such having incurred additional expense or OWNER believes Subcontractor under paragraphs 11 .01 .AA and that OWNER is entitled to a decrease in Contract Price 11 .01A.2 and that any higher tier Subcontractor and the parties are unable to agree as to the amount of and CONTRACTOR will each be paid a fee of five any such increase or decrease. percent of the amount paid to the next lower tier Subcontractor, ARTICLE 12 - CHANGE OF CONTRACT PRICE; CHANGE fid• itemized under shall payable on th; 1 .01 .A.41 is OF CONTRACT TIMES 11 .01 A.5, and 11 .01 .B; 12.01 Change of Contrail Price e. the amount of credit to be allowed by CONTRACTOR to OWNER for any change which A. The Contract Price may only be changed by a Change results in a net decrease in cost will be the amount Order or by a Written Amendment. Any Claim for an of the actual net decrease in cost plus a deduction adjustment in the Contract Price shall be based on written in CONTRACTOR's fee by an amount equal to five notice submitted by the party making the Clain to the percent of such net decrease; and ENGINEER and the other party to the Contract in accordance f when both additions and credits are with the provisions of paragraph 10.05. involved in any one change, the adjustment in B. The value of any Work covered by a Change Order or CONTRACTOR's fee shall be computed on the of any Claim for an adjustment in the Contract Price will be basis of the net change in accordance with determined as follows: paragraphs 12.01 .C.2.a through 12.01 .C.2.e, inclusive. 1 .where the Work involved is covered by unit pnoes contained in the Contract Documents, by 12.02 Change of Contract Times application of such unit prices to the quantities of the items involved (subject to the provisions of paragraph A. The Contrad Tines (or Milestones) may only be 11 .03 ); or changed by a Change Order or by a Written Amendment. Any 00700 - 27