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' ARTICLE 12 - CHANGE OF CONTRACT PRICE ; b . for costs incurred under paragraph CHANGE OF CONTRACT TIMES 11 . 01 .A.3 , the CONTRACTOR's fee shall be five percent; 12 . 01 Change of Contract Price c. where one or more tiers of subcon- tracts are on the basis of Cost of the Work A. The Contract Price may only be changed by a plus a fee and no fixed fee is agreed upon , Change Order or by a Written Amendment. Any the intent of paragraph 12 .01 . C .2 . a is that Claim for an adjustment in the Contract Price shall be the Subcontractor who actually performs based on written notice submitted by the party making the Work, at whatever tier, will be paid a fee the Claim to the ENGINEER and the other parry to the of 15 percent of the costs incurred by such Contract in accordance with the provisions of para- Subcontractor under paragraphs 11 . 01 .A. 1 graph 10 .05 . and 11 .01 .A.2 and that any higher tier ' Subcontractor and CONTRACTOR will B . The value of any Work covered by a Change each be paid a fee of five percent of the Order or of any Claim for an adjustment in the amount paid to the next lower tier Subcon- ' Contract Price will be determined as follows : tractor; 1 . where the Work involved is covered d . no fee shall be payable on the by unit prices contained in the Contract basis of costs itemized under paragraphs Documents , by application of such unit prices to 11 .01 .AA9 11 . 01 .A. 5, and 11 . 01 . 13 ; the quantities of the items involved (subject to the provisions of paragraph 11 .03 ); or e. the amount of credit to be allowed by CONTRACTOR to OWNER for any 2 . where the Work involved is not cov- change which results in a net decrease in ered by unit prices contained in the Contract cost will be the amount of the actual net Documents , by a mutually agreed lump sum decrease in cost plus a deduction in (which may include an allowance for overhead CONTRACTOR's fee by an amount equal and profit not necessarily in accordance with to five percent of such net decrease; and paragraph 12 .01 . C .2); or. ' f, when both additions and credits are 3 . where the Work involved is not cov- involved in any one change, the adjustment ered by unit prices contained in the Contract in CONTRACTOR's fee shall be computed Documents and agreement to a lump sum is on the basis of the net change in not reached under paragraph 12 . 01 . 13 .2 , on the accordance with paragraphs 12 .01 . C .2 . a basis of the Cost of the Work (determined as through 12 .01 . C .2 .e , inclusive . provided in paragraph 11 .01 ) plus a CONTRACTOR's fee for overhead and profit 12 . 02 Change of Contract Times (determined as provided in paragraph 12 .01 . C). A. The Contract Times (or Milestones) may only C . CONTRACTOR 's Fee: The be changed by a Change Order or by a Written CONTRACTOR's fee for overhead and profit shall be Amendment. Any Claim for an adjustment in the determined as follows : Contract Times (or Milestones) shall be based on written notice submitted by the party making the claim 1 . a mutually acceptable fixed fee ; or to the ENGINEER and the other party to the Contract in accordance with the provisions of paragraph 10 .05 . 2 , if a fixed fee is not agreed upon , then a fee based on the following percentages of the B . Any adjustment of the Contract Times (or ' various portions of the Cost of the Work : Milestones ) covered by a Change Order or of any Claim for an adjustment in the Contract Times (or a , for costs incurred under para- Milestones ) will be determined in accordance with the graphs 11 . 01 .A. 1 and 11 .01 .A.2 , the provisions of this Article 12 . ' CONTRACTOR's fee shall be 15 percent; 12 . 03 Delays Beyond CONTRACTOR 's Control ' 00700-36 0386- 00700 - General Conditions ' FAEngineering\Capital Projects\0386-Pelican Island Upland Restoration\0386-Pelican Island -Contract Docs\0386- 00700 - General Conditions.doc