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ARTICLE IV <br />CONTRACT PRICE <br />4.1 The Contract Price <br />4.1.1. The City shall pay, and the Contractor shall accept, as full and complete payment for <br />all of the Work required herein, the fixed sum of Three Million One Hundred Ninety -Seven <br />Thousand, Seven Hundred Sixty -Two Dollars and Seventy -Six Cents ($3,197,762.76), plus Three <br />Hundred Nineteen Thousand Seven Hundred Seventy -Six Dollars and Twenty -Eight Cents <br />($319,776.28) for contingency, if necessary, resulting in a total not -to -exceed amount of Three <br />Million Five Hundred Seventeen Thousand Five Hundred Thirty Nine Dollars and Four Cents <br />($3,517,539.04). The sum set forth in this Paragraph 4.1.1 shall constitute the Contract Price which <br />shall not be modified except by Change Order as provided in this Contract. <br />4.2 Unit Prices <br />4.2.1. In the event all, or any portion of, the Contract Price is to be determined by the <br />application of unit prices, the following terms and conditions are applicable and controlling: <br />(a) Payment to the Contractor shall be determined by the actual number of units <br />incorporated in, or made necessary, by the Work; <br />(b) Payment to the Contractor shall be made at the Contract Unit Prices applicable <br />to each integral part of the Contract. The Contract Unit Prices shall be full <br />compensation for all costs associated with completion of all unit price work <br />in full conformity with the requirements of the Contract Documents; <br />(c) Where the quantity of Work with respect to any item that is covered by a <br />Contract Unit Price is increased or decreased by more than twenty percent <br />(20%) from the quantity of such Work indicated or estimated in the Contract <br />Documents, an appropriate Change Order shall be issued to adjust the <br />Contract Unit Price, if warranted and justified, and if fully supported by <br />documentation submitted to the City and the Engineer / Architect and if a <br />timely claim is made for same in accordance with the terms and provisions of <br />this Contract. <br />ARTICLE V <br />PAYMENT OF THE CONTRACT PRICE <br />5.1 Schedule of Values <br />5.1.1. Within ten (10) calendar days of the effective date hereof, the Contractor shall submit <br />to the City and to the Engineer /Architect a Schedule of Values allocating the Contract Price to the <br />various portions of the Work. The Contractor's Schedule of Values shall be prepared in such form, <br />with such detail, and supported by such data as the Engineer / Architect or the City may require to <br />substantiate its accuracy. The Contractor shall not imbalance its Schedule of Values nor artificially <br />inflate any element thereof. Any violation of this provision by the Contractor shall constitute a <br />MBR CONSTRUCTION, INC. Page 7 of 41 <br />156 <br />