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2 . where the Work involved is not cov. 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 . 3 , where the Work involved is not cov- 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 . 8 . 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 to the ENGINEER and the other party to the Contract 12 . 01 . C ) , in accordance with the provisions of paragraph 10 . 05 . C . CONTRACTOR 's Fee: The B . Any adjustment of the Contract Times (or CONTRACTOR ' s fee for overhead and profit shall be Milestones ) covered by a Change Order or of any determined as follows : Claim for an adjustment in the Contract Times (or Milestones) will be determined in accordance with the 1 . a mutually acceptable fixed fee ; or provisions of this Article 12 . 2 , if a fixed fee is not agreed upon , then 12 . 03 Delays Beyond CONTRACTOR 's Control a fee based on the following percentages of the various portions of the Cost of the Work : A. Where CONTRACTOR is prevented from completing any part of the Work within the Contract a , for costs incurred under para- Times (or Milestones ) due to delay beyond the control graphs 11 . 01 . A. 1 and 11 . 01 . A. 2 , the of CONTRACTOR , the Contract Times (or CONTRACTOR 's fee shall be 15 percent; Milestones ) will be extended in an amount equal to the time lost due to such delay if a Claim is made b , for costs incurred under paragraph therefor as provided in paragraph 12 . 02 . A. Delays 11 . 01 . A . 3 , the CONTRACTOR 's fee shall beyond the control of CONTRACTOR shall include , be five percent; but not be limited to , acts or neglect by OWNER , acts or neglect of utility owners or other contractors C, where one or more tiers of subcon- performing other work as contemplated by Article 7 , tracts are on the basis of Cost of the Work fires , floods , epidemics , abnormal weather conditions , plus a fee and no fixed fee is agreed upon , or acts of God , the intent of paragraph 12 . 01 . C . 2 . a is that the Subcontractor who actually performs 12 . 04 Delays Within CONTRACTOR 's Control the Work, at whatever tier, will be paid a fee of 15 percent of the costs incurred by such A. The Contract Times (or Milestones) will not Subcontractor under paragraphs 11 . 01 . AA be extended due to delays within the control of and 11 . 01 . A. 2 and that any higher tier CONTRACTOR . Delays attributable to and within the Subcontractor and CONTRACTOR will control of a Subcontractor or Supplier shall be each be paid a fee of five percent of the deemed to be delays within the control of CONTRAC. amount paid to the next lower tier Subcon- TOR . tractor; 12 . 05 Delays Beyond OWNER 's and d . no fee shall be payable on the CONTRACTOR 's Control basis of costs itemized under paragraphs 11 . 01 . A. 4 , 11 . 01 . A. 5 , and 11 . 01 . B ; A. Where CONTRACTOR is prevented from completing any part of the Work within the Contract e , the amount of credit to be allowed Times (or Milestones) due to delay beyond the control by CONTRACTOR to OWNER for any of both OWNER and CONTRACTOR , an extension change which results in a net decrease in of the Contract Times (or Milestones) in an amount cost will be the amount of the actual net equal to the time lost due to such delay shall be decrease in cost plus a deduction in CONTRACTOR ' s sole and exclusive remedy for such CONTRACTOR 's fee by an amount equal delay . to five percent of such net decrease ; and 00700 - General Conditions REV 04-07. doc 00700 - 33 F . \Public Works\ENGINEERING DIVISION PROJECTS\1142-Misc Culvert Replacements\Admim\bid documents\00700 - General Conditions REV 04-07. doc