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Documents, by a mutually agreed lump sum (which may include an allowance for overhead f. when both additions and credits are and profit not necessarily in accordance with involved in any one change, the adjustment paragraph 12 01.C.2); or in CONTRACTOR's fee shall be computed on the basis of the net change in 3. where the Work involved is not cov- accordance with paragraphs 12.01 C.2.a ered by unit prices contained in the Contract through 12.01.C.2.e, inclusive. Documents and agreement to a lump sum is not reached under paragraph 12.01 B.2, on the 12 02 Change of Contract Times basis of the Cost of the Work (determined as provided in paragraph 11 01) plus a A. The Contract Times (or Milestones) may only CONTRACTOR's fee for overhead and profit be changed by a Change Order or by a Written (determined as provided in paragraph 12.01.C) Amendment. Any Claim for an adjustment in the Contract Times (or Milestones) shall be based on C. CONTRACTOR's Fee- The written notice submitted by the party making the claim CONTRACTOR's fee for overhead and profit shall be to the ENGINEER and the other party to the Contract determined as follows: in accordance with the provisions of paragraph 10.05. 1. a mutually acceptable fixed fee; or B. Any adjustment of the Contract Times (or Milestones) covered by a Change Order or of any 2. if a fixed fee is not agreed upon, then Claim for an adjustment in the Contract Times (or a fee based on the following percentages of the Milestones) will be determined in accordance with the various portions of the Cost of the Work: provisions of this Article 12. a. for costs incurred under para- 12 03 Delays Beyond CONTRACTOR's Control graphs 1101.A.1 and 1101.A.2, the CONTRACTOR's fee shall be 15 percent; A. Where CONTRACTOR is prevented from completing any part of the Work within the Contract b for costs incurred under paragraph Times (or Milestones) due to delay beyond the control 11.01.A.3, the CONTRACTOR's fee shall of CONTRACTOR, the . Contract Times (or be five percent; Milestones)will be extended in an amount equal to the time lost due to such delay if a Claim is made therefor c. where one or more tiers of subcon- as provided in paragraph 12.02.A. Delays beyond the tracts are on the basis of Cost of the Work control of CONTRACTOR shall include, but not be plus a fee and no fixed fee is agreed upon, limited to, acts or neglect by OWNER, acts or neglect the intent of paragraph 12.01 C.2.a is that of utility owners or other contractors performing other the Subcontractor who actually performs work as contemplated by Article 7, fires, floods, the Work, at whatever tier, will be paid a fee epidemics, abnormal weather conditions, or acts of of 15 percent of the costs incurred by such God. Subcontractor under paragraphs 11.01.A.1 and 11.01.A.2 and that any higher tier 12.04 Delays Within CONTRACTOR's Control Subcontractor and CONTRACTOR will each be paid a fee of five percent of the A. The Contract Times(or Milestones)will not be amount paid to the next lower tier Subcon- extended due to delays within the control of tractor; CONTRACTOR. Delays attributable to and within the control of a Subcontractor or Supplier, shall be d no fee shall be payable on the deemed to be delays within the control of CONTRAC- basis of costs itemized under paragraphs TOR. 11 01.A.4, 11 01.A.5, and 11.01.13, 12.05 Delays Beyond OWNER's and e. the amount of credit to be allowed CONTRACTOR's Control by CONTRACTOR to OWNER for any change which results in a net decrease in A. Where CONTRACTOR is prevented from cost will be the amount of the actual net completing any part of the Work within the Contract decrease in cost plus a deduction in Times (or Milestones) due to delay beyond the control CONTRACTOR's fee by an amount equal of both OWNER and CONTRACTOR, an extension of to five percent of such net decrease, and the Contract Times (or Milestones) in an amount 00700-General Conditions REV 5-10-13.doc 00700-35 F\Public Warks\ENGINEERING DNISION PROJECTSX0845B-Old Dixie Hwy Sidewalk(38th Ln-45th St)\Admirn%id documentsWlaster Contract Documents\00700-General Conditions REV 5-10-13.doc