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c. where one or more tiers of subcon- tracts are on the basis of Cost of the Work ARTICLE 12 on CHANGE OF CONTRACT PRICE; plus a fee and no fixed fee is agreed upon , CHANGE OF CONTRACT TIMES the intent of paragraph 12 . 01 . C.2 . a is that the Subcontractor who actually performs the Work, at whatever tier, will be paid a fee 12 . 01 Change of Contract Price of 15 percent of the costs incurred by such Subcontractor under paragraphs 11 . 01 .A. 1 A. The Contract Price may only be changed by a and 11 . 01 .A. 2 and that any higher tier Change Order or by a Written Amendment. Any Subcontractor and CONTRACTOR will Claim for an adjustment in the Contract Price shall be each be paid a fee of five percent of the based on written notice submitted by the party making amount paid to the next lower tier Subcon- the Claim to the ENGINEER and the other party to the tractor; Contract in accordance with the provisions of para- graph 10. 05 , 1 d . no fee shall be payable on the basis of costs itemized under paragraphs B. The value of any Work covered by a Change 11 .01 .A.4, 11 .01 .A. 5, and 11 . 01 . 8; Order or of any Claim for an adjustment in the Contract Price will be determined as follows: e. the amount of credit to be allowed by CONTRACTOR to OWNER for any 1s where the Work involved is covered change which results in a net decrease in by unit prices contained in the Contract cost will be the amount of . the actual net Documents, by application of such unit prices to decrease in cost plus a deduction in the quantities of the items involved (subject to CONTRACTOR's fee by an amount equal the provisions of paragraph 11 . 03 ); or to five percent of such net decrease; and 20 where the Work involved is not cover f. when both additions and credits are ered by unit prices contained in the Contract involved in any one change, the adjustment Documents, by a mutually agreed lump sum in CONTRACTOR's fee shall be computed (which may include an allowance for overhead on the basis of the net change in and profit not necessarily in accordance with accordance with paragraphs 12.01 .C.2 . a paragraph 12. 01 . C.2); or through 12. 01 . C.2.e, inclusive. 3a where the Work involved is not cover 12 . 02 Change of Contract Times ered by unit prices contained in the Contract Documents and agreement to a lump sum is A. The Contract Times (or Milestones) may only not reached under paragraph 12.01 . 13. 2, on the be changed by a Change Order or by a Written basis of the Cost of the Work (determined as Amendment. Any Claim for an adjustment in the provided in paragraph 11 . 01 ) plus a Contract Times (or Milestones) shall be based on CONTRACTOR's fee for overhead and profit written notice submitted by the party making the claim (determined as provided in paragraph 12. 01 . C) . to the ENGINEER and the other party to the Contract in accordance with the provisions of paragraph 10. 05. C. CONTRACTOR's Fee: The CONTRACTOR's fee for overhead and profit shall be B. Any adjustment of the Contract Times (or determined as follows: Milestones) covered by a Change Order or of any Claim for an adjustment in the Contract Times (or 1 . a mutually acceptable fixed fee; or Milestones) will be determined in accordance with the provisions of this Article 12. 20 if a fixed fee is not agreed upon , then a fee based on the following percentages of the 12 . 03 Delays Beyond CONTRACTOR's Control various portions of the Cost of the Work: A. Where CONTRACTOR is prevented from a. for costs incurred under para- completing any part of the Work within the Contract graphs 11 .01 .A. 1 and 11 .01 .A.2, the Times (or Milestones) due to delay beyond the control CONTRACTOR's fee shall be 15 percent; of CONTRACTOR, the Contract Times (or Milestones) will be extended in an amount equal to the b. for costs incurred under paragraph time lost due to such delay if a Claim is made therefor 11 . 01 .A. 3, the CONTRACTOR's fee shall as provided in paragraph 12. 02.A. Delays beyond the be five percent; control of CONTRACTOR shall include, but not be limited to, acts or neglect by OWNER, acts or neglect 00700 = General Conditions REV 04-07.doc 00700 - 33 F1Public Worka\ENGINEERING DIVISION PROJECTS10545-6611sh Ave SR60 to 57th St (Arcadis)%drrimUiid Documents100700 - General Conditions REV 04.07.doc