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and the parties are unable to agree as to the amount of Subcontractor under paragraphs 11 , 01 .A. 1 and any such increase or decrease. 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 ARTICLE 12 - CHANGE OF CONTRACT PRICE; CHANGE Subcontractor; OF CONTRACT TIMES(tc "ARTICLE 12 - CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES") d . no fee shall be payable on the basis of costs itemized under paragraphs 11 .01 .A.4, 12.01 Change of Contract Price{fc In "12. 01 11 .01 .A, 5, and 11 . 01 , 13; 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 Change results in a net decrease in cost will be the amount 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 B. The value of any Work covered by a Change Order or CONTRACTOR's fee shall be computed on the Of any Claim for an adjustment In the Contract Price will be basis of the net change in accordance with para- determined as follows : graphs 12, 01 , C,2,a through 12.01 . C.2.e, inclusive, 1 . where the Work involved is covered by unit 12. 02 Change of Contract rmes{tc In "12. 02 prices contained in the Contract Documents, by applica- Change of Contract Tlmes7 tion of such unit prices to the quantities of the Items involved (subject to the provisions of paragraph 11 .03 ); A. The Contract Times (or Milestones) may only be or changed by a Change Order or by a Written Amendment, Any Claim for an adjustment in the Contract Times (or Milestones) 2. where the Work involved is not covered by unit shall be based on written notice submitted by the party making prices contained in the Contract Documents , by a the claim to the ENGINEER and the other party to the Contract mutually agreed lump sum (which may include an in accordance with the provisions of paragraph 10. 05, allowance for overhead and profit not necessarily In accordance with paragraph 12. 01 . C. 2); or B. Any adjustment of the Contract Times (or Milestones) covered by a Change Order or of any Claim for an adjustment in 3. where the Work involved is not covered by unit the Contract Times (or Milestones) will be determined in prices contained In the Contract Documents and agree- accordance with the provisions of this Article 12, ment to a lump sum is not reached under paragraph 12.01 . 8.2, on the basis of the Cost of the Work 12. 03 Delays Beyond CONTRACTOR's Control& 0 (determined as provided In paragraph 11 .01 ) plus a "12. 03 Delays Beyond CONTRACTOR's Control's CONTRACTOR's fee for overhead and profit (deter- mined as provided in paragraph 12.01 , C). A. Where CONTRACTOR Is prevented from completing any part of the Work within the Contract Times (or Milestones) C. CONTRACTOR's Fee. The CONTRACTOR's fee for due to delay beyond the control of CONTRACTOR, the Contract overhead and profit shall be determined as follows: Times (or Milestones) will be extended In an amount equal to the time lost due to such delay if a Claim is made therefore as 1 . a mutually acceptable fixed fee; or provided in paragraph 12.02.A. Delays beyond the control of CONTRACTOR shall include, but not be limited to, acts or 2. if a fixed fee Is not agreed upon, then a fee neglect by OWNER, acts or neglect of utility owners or other based on the following percentages of the various contractors performing other work as contemplated by Article 7, portions of the Cost of the Work: fires , floods, epidemics, abnormal weather conditions , or acts of God , a. for costs incurred under paragraphs 11 . 01 .A. 1 and 11 .01 ,A.2, the CONTRACTOR's fee 12. 04 Delays Within CONTRACTOR's Control{tc 0 shall be 15 percent; "12. 04 Delays Within CONTRACTOR 's Control") b. for costs incurred under paragraph A. The Contract Times (or Milestones) will not be 11 , 01 .A,3, the CONTRACTOR's fee shall be five extended due to delays within the control of CONTRACTOR. percent; Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of C. where one or more tiers of subcontracts CONTRACTOR, are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon , the intent of paragraph 12. 05 Delays Beyond OWNER's and CONTRACTOR's 12. 01 . C .2 , a is that the Subcontractor who actually Control{te 1n 4112 , 05 Delays Beyond OWNER's and performs the Work, at whatever tier, will be paid a CONTRACTOR's Control'} fee of 15 percent of the costs incurred by such 00700 - 28