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2.CONTRACTOR's costs for unloading and B. The value of any Work covered by a Change Order or handling on the Site, labor, installation costs, overhead, of any Claim for an adjustment in the Contract Price will be profit, and other expenses contemplated for the allow- determined as follows: ances have been included in the Contract Price and not in the allowances, and no demand for additional 1 .where the Work involved is covered by unit payment on account of any of the foregoing will be valid. prices contained in the Contract Documents, by applica- tion of such unit prices to the quantities of the items B. Prior to final payment, an appropriate Change Order involved (subject to the provisions of paragraph 11 .03 ); will be issued as recommended by ENGINEER to reflect actual or amounts due CONTRACTOR on account of Work covered by allowances, and the Contract Price shall be correspondingly 2 .where the Work involved is not covered by unit adjusted. prices contained in the Contract Documents, by a mutually agreed lump sum (which may include an 11 .03 Unit Price Work allowance for overhead and profit not necessarily in accordance with paragraph 12 .01 . C .2); or A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price 3.where the Work involved is not covered by unit will be deemed to include for all Unit Price Work an amount prices contained in the Contract Documents and agree- equal to the sum of the unit price for each separately identified ment to a lump sum is not reached under paragraph item of Unit Price Work times the estimated quantity of each 12.01 .13.2, on the basis of the Cost of the Work item as indicated in the Agreement. The estimated quantities of (determined as provided in paragraph 11 .01 ) plus a items of Unit Price Work are not guaranteed and are solely for CONTRACTOR's fee for overhead and profit (deter- the purpose of comparison of Bids and determining an initial mined as provided in paragraph 12.01 .C). Contract Price. Determinations of the actual quantifies and classifications of Unit Price Work performed by CONTRACTOR C. CONTRACTOR's Fee: The CONTRACTOR's fee for will be made by ENGINEER subject to the provisions of overhead and profit shall be determined as follows: paragraph 9.08. t .a mutually acceptable fixed fee; or B. Each unit price will be deemed to include an amount considered by CONTRACTOR to be adequate to cover 2. if a fixed fee is not agreed upon, then a fee CONTRACTOR's overhead and profit for each separately based on the following percentages of the various identified item. portions of the Cost of the Work: C. OWNER or CONTRACTOR may make a Claim for an a. for costs incurred under paragraphs adjustment in the Contract Price in accordance with 11 .01 .A. 1 and 11 .01 .A.2, the CONTRACTOR's fee paragraph 10.05 if: shall be 15 percent; 1 . the quantity of any item of Unit Price Work b. for costs incurred under paragraph performed by CONTRACTOR differs materially and 11 .01 .A.3, the CONTRACTOR's fee shall be five significantly from the estimated quantity of such item percent; indicated in the Agreement; and C. where one or more tiers of subcontracts 2.there is no corresponding adjustment with are on the basis of Cost of the Work plus a fee and respect any other item of Work; and no fixed fee is agreed upon, the intent of paragraph 12.01 .C.2.a is that the Subcontractor who actually 3. if CONTRACTOR believes that CONTRACTOR performs the Work, at whatever tier, will be paid a is entitled to an increase in Contract Price as a result of fee of 15 percent of the costs incurred by such having incurred additional expense or OWNER believes Subcontractor under paragraphs 11 .01 .A.1 and that OWNER is entitled to a decrease in Contract Price 11 .01 .A.2 and that any higher fier Subcontractor and the parties are unable to agree as to the amount of and CONTRACTOR will each be paid a fee of five any such increase or decrease. percent of the amount paid to the next lower tier Subcontractor; ARTICLE 12 - CHANGE OF CONTRACT PRICE ; CHANGE d. no fee shall be payable on the basis of OF CONTRACT TIMES costs itemized under paragraphs 11 .01 .A.4, 11 .01 .A.5, and 11 .01 .13; 12 .01 Change of Contract Price e. the amount of credit to be allowed by CONTRACTOR to OWNER for any change which A. The Contract Price may only be changed by a results in a net decrease in cost will be the amount Change Order or by a Written Amendment. Any Claim for an of the actual net decrease in cost plus a deduction adjustment in the Contract Price shall be based on written in CONTRACTOR's fee by an amount equal to five notice submitted by the party making the Claim to the percent of such net decrease ; and ENGINEER and the other party to the Contract in accordance with the provisions of paragraph 10.05. f. when both additions and credits are in- volved in any one change, the adjustment in 00700 General Conditions (EJCDC).doc 00700 - 27 I:W-02912Inch WM - VeroI ke Esratcs\DaumenlsWeportsl idding Contras Specifrt iunslo0700 General Conditions (EJCDQ.doo