2010-111 - Laserfiche WebLink

Home Browse Search

I . Contractor agrees that a contingency allowance, ARTICLE 12 - CHANGE OF CONTRACT PRICE ; if any, is for the sole use of Owner to cover CHANGE OF CONTRACT TIMES unanticipated costs . D . Prior to final payment, an appropriate Change Order 12 ' 01 Change of Contract Price will be issued as recommended by Engineer to reflect e A . The Contract Price may only be changed by a Chan actual amounts due Contractor on account of Work g Order. Any Claim for an adjustment in the Contract Price covered by allowances, and the Contract Price shall be correspondingly adjusted . shall be based on written notice submitted by the party making the Claim to the Engineer and the other party to 11 , 03 Unit Price Work the Contract in accordance with therovi p dons of Paragraph 10 . 05 . A . Where the Contract Documents provide that all or part B . The value of any Work covered by a Change Order or of the Work is to be Unit Price Work, initially the of any Claim for an adjustment in the Contract Price will Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the unit price for be determined as follows : each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the 1 where the Work involved is covered by unit Agreement. prices contained in the Contract Documents , by application of such unit prices to the quantities of the B . The estimated quantities of items of Unit Price Work items involved (subject to the provisions of Paragraph 11 . 03 ) ; or are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and 2 • where the Work involved is not covered by unit classifications of Unit Price Work performed by prices contained in the Contract Documents, by a Contractor will be made by Engineer subject to the mutually agreed lump sum (which may include an allowance for overhead and profit not necessarily in provisions of Paragraph 9 . 07 . accordance with Paragraph 12 . 01 . C . 2 ); or C . Each unit price will be deemed to include an amount considered by Contractor to be adequate to cover 3 • where the Work involved is not covered by unit Contractor ' s overhead and profit for each separately Prices contained in the Contract Documents and identified item . agreement to a lump sum is not reached under Paragraph 12 . 01 . 13 .2 , on the basis of the Cost of the D . Owner or Contractor may make a Claim for an Work (determined as provided in Paragraph 1 1 . 01 ) adjustment in the Contract Price in accordance with plus a Contractor ' s fee for overhead and profit ( deter- Paragraph 10 . 05 if: mined as provided in Paragraph 12 . 0I . C) . 1 . the quantity of any item of Unit Price Work C . Contractor 's Fee., The Contractor ' s fee for overhead performed by Contractor differs materially and and profit shall be determined as follows : significantly from the estimated quantity of such item indicated in the Agreement; and 1 • a mutually acceptable fixed fee ; or 2 . there is no corresponding adjustment with 2 . if a fixed fee is not agreed upon , then a fee based on the following percentages of the various portions respect any other item of Work ; and of the Cost of the Work : 3 . Contractor believes that Contractor is entitled to an increase in Contract Price as a result of having a . for costs incurred under Paragraphs 1 1 . be 1 incurred additional expense or Owner believes that and 11 . O1 . A .2 , the Contractor ' s fee shall be IS Owner is entitled to a decrease in Contract Price and percent; the parties are unable to agree as to the amount of any such increase or decrease . b , for costs incurred under Paragraph 11 . 01 . A . 3 , the Contractor ' s fee shall be five percent; c . where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon , the intent of Paragraph 12 . 0i . C . 2 . a is that the Subcontractor who actually performs the Work , at whatever tier, will be paid a fee of 15 percent of the costs incurred by such Subcontractor under Paragraphs — 11 . 01 . A . ] and 1 1 . O1 . A . 2 and that any higher tier EJCDC C-700 Standard Gencral Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved . --- 00700 - 32