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ARTICLE IV CONTRACT PRICE 4.1 The Contract Price 4.1.1. The City shall pay, and the Contractor shall accept, as full and complete payment for all of the Work required herein, the fixed sum of Three Million One Hundred Ninety -Seven Thousand, Seven Hundred Sixty -Two Dollars and Seventy -Six Cents ($3,197,762.76), plus Three Hundred Nineteen Thousand Seven Hundred Seventy -Six Dollars and Twenty -Eight Cents ($319,776.28) for contingency, if necessary, resulting in a total not -to -exceed amount of Three Million Five Hundred Seventeen Thousand Five Hundred Thirty Nine Dollars and Four Cents ($3,517,539.04). The sum set forth in this Paragraph 4.1.1 shall constitute the Contract Price which shall not be modified except by Change Order as provided in this Contract. 4.2 Unit Prices 4.2.1. In the event all, or any portion of, the Contract Price is to be determined by the application of unit prices, the following terms and conditions are applicable and controlling: (a) Payment to the Contractor shall be determined by the actual number of units incorporated in, or made necessary, by the Work; (b) Payment to the Contractor shall be made at the Contract Unit Prices applicable to each integral part of the Contract. The Contract Unit Prices shall be full compensation for all costs associated with completion of all unit price work in full conformity with the requirements of the Contract Documents; (c) Where the quantity of Work with respect to any item that is covered by a Contract Unit Price is increased or decreased by more than twenty percent (201/6) from the quantity of such Work indicated or estimated in the Contract Documents, an appropriate Change Order shall be issued to adjust the Contract Unit Price, if warranted and justified, and if fully supported by documentation submitted to the City and the Engineer / Architect and if a timely claim is made for same in accordance with the terms and provisions of this Contract. ARTICLE V PAYMENT OF THE CONTRACT PRICE 5.1 Schedule of Values 5.1.1. Within ten (10) calendar days of the effective date hereof, the Contractor shall submit to the City and to the Engineer / Architect a Schedule of Values allocating the Contract Price to the various portions of the Work. The Contractor's Schedule of Values shall be prepared in such form, with such detail, and supported by such data as the Engineer / Architect or the City may require to substantiate its accuracy. The Contractor shall not imbalance its Schedule of Values nor artificially inflate any element thereof. Any violation of this provision by the Contractor shall constitute a MBR CONSTRUCTION, INC. Page 7 of4l �GR 326