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Contractor submitted pricing for City initiated proposal requests. This review time is only for <br />correctly submitting pricing. Submitted pricing found not to be in correct format, or containing <br />pricing that relates to Work clearly not part of the change, or contains Subcontractor pricing not in <br />the correct format, or contains Sub -Contractor pricing that relates to Work clearly not part of the <br />change, will not be reviewed and returned to the Contractor for proper submission and as such, no <br />Contractor claims for delay will be accepted as a result of extended response time due to improper <br />pricing submission. <br />10.3.2.6. The Engineer / Architect will review properly submitted Contractor pricing and <br />compare submitted pricing with published pricing data contained in the Building Cost Data, <br />Mechanical Cost Data and Electrical Cost Data, latest edition, as published by R.S. Means <br />Company, Inc. Contractor submitted pricing found to be in excess of five (5%) percent above the <br />stated published pricing will not be accepted and as such, no Contractor claims for delay will be <br />accepted as a result of extended response time due to excessive pricing submittal by the Contractor. <br />10.3.3. The value of any change ordered under the Contract for extra work or any reductions <br />in work required, shall be determined under one or more of the following procedures before a <br />written change order is issued. <br />10.3.3.1. By Unit Price named in the contract or subsequently agreed upon by the City and the <br />Contractor, which prices shall include Contractor's overhead and profit. <br />10.3.3.2. By Lump Sum Price agreed upon by the City and, the Contractors which pricc .shall <br />include overhead and profit. A breakdown of the estimated costs comprising the lump sum price <br />may be required by the Engineer / Architect for review. Percentage for overhead and profit shall be <br />determined in accordance with the method listed described under Overhead and Profit below. <br />10.3.3.3. By a Cost Plus Price on total actual costs, plus an added percentage, all determined <br />as described under Overhead and Profit below. <br />10.3.3.4 Overhead and Profit <br />(a) Subcontractor's overhead, including supervision and the furnishing, use and <br />maintenance of small tools and ordinary equipment incidental to and required <br />for the Work shall be just and fully compensated for by adding an amount <br />equal to FIVE PERCENT (5%) of the sum of material and labor costs as <br />defined under Subcontractor's profit below, but excluding equipment rental <br />costs. <br />(b) Subcontractor's profit may then be added to the above material costs and <br />labor costs including the Overhead allowance at the rate of SEVEN <br />PERCENT (7%) of the sum of those costs, excluding equipment rental costs. <br />(c) Contractor's overhead, including general supervision and the furnishing, use <br />and maintenance of small tools incidental to and required for the Work <br />accomplished by its own direct labor shall be considered to be just and fully <br />compensated for by adding an amount equal to FIVE PERCENT (5%) of the <br />MBR CONSTRUCTION, INC. Page 23 of 41 <br />172 <br />