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1. where the Work involved is covered by unit prices contained in the Contract Documents, by application of such unit prices to the quantities of the items involved (subject to the provisions of paragraph 11.03 ); or 2. where the Work involved is not cov- ered by unit prices contained in the Contract Documents, by a mutually agreed lump sum (which may include an allowance for overhead and profit not necessarily in accordance with paragraph 12.01.C.2); or 3. where the Work involved is not cov- ered by unit prices contained in the Contract Documents and agreement to a lump sum is not reached under paragraph 12.01.6.2, on the basis of the Cost of the Work (determined as provided in paragraph 11.01) plus a CONTRACTOR's fee for overhead and profit (determined as provided in paragraph 12.01.C). C. CONTRACTOR's Fee: The CONTRACTOR's fee for overhead and profit shall be determined as follows: 1. a mutually acceptable fixed fee; or 2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work: a. for costs incurred under para- graphs 11.01.A.1 and 11.01.A.2, the CONTRACTOR's fee shall be 15 percent; 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 subcon- tracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, 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 of 15 percent of the costs incurred by such Subcontractor under paragraphs 11.01.A.1 and 11.01.A.2 and that any higher tier Subcontractor and CONTRACTOR will each be paid a fee of five percent of the amount paid to the next lower tier Subcon- tractor, d. no fee shall be payable on the basis of costs itemized under paragraphs 11.01.A.4, 11.01.A5, and 11.01.6; 00700-34 F:1Public Works\ENGINEERING DIVISION PROJECTS\1314-107th Ave Milling_90th St to 94th St'Admin\bid documents\Master Contract Documents\00700 - General Con•itions REV 5-10- 13.doc e. the amount of credit t by CONTRACTOR to OWN change which results in a net cost will be the amount of th decrease in cost plus a CONTRACTOR's fee by an a to five percent of such net decr f. when both additions an involved in any one change, th in CONTRACTOR's fee shall on the basis of the net accordance with paragraphs through 12.01.C.2.e, inclusive. 12.02 Change of Contract Times be allowed R for any decrease in actual net eduction in ount equal ase; and credits are adjustment e computed change in 12.01.C.2.a A. The Contract Times (or Mileston: s) may only be changed by a Change Order or b a Written Amendment. Any Claim for an adjus ent in the Contract Times (or Milestones) shall b based on written notice submitted by the party maki g the claim to the ENGINEER and the other party to he Contract in accordance with the provisions of parag aph 10.05. B. Any adjustment of the Contrac Times (or Milestones) covered by a Change Ord =r or of any Claim for an adjustment in the Contrac Times (or Milestones) will be determined in accorda ce with the provisions of this Article 12. 12.03 Delays Beyond CONTRACTOR' A. Where CONTRACTOR is prey completing any part of the Work within t Times (or Milestones) due to delay beyon of CONTRACTOR, the Contract Milestones) will be extended in an amount time lost due to such delay if a Claim is m as provided in paragraph 12.02.A. Delays control of CONTRACTOR shall include, limited to, acts or neglect by OWNER, act of utility owners or other contractors perfo work as contemplated by Article 7, fi epidemics, abnormal weather conditions, God. Control nted from e Contract the control imes (or qual to the de therefor beyond the but not be or neglect ing other es, floods, or acts of 12.04 Delays Within CONTRACTOR's l ontrol A. The Contract Times (or Milestone-) will not be extended due to delays within the control of CONTRACTOR. Delays attributable to an• within the control of a Subcontractor or Supplie shall be deemed to be delays within the control of ONTRAC- TOR. 12.05 Delays Beyond OWNE''s and CONTRACTOR's Control 00700 - General Condition REV 5-10-13.doc