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Contractor submitted pricing for City initiated proposal requests. This review time is only for correctly submitting pricing. Submitted pricing found not to be in correct format, or containing pricing that relates to Work clearly not part of the change, or contains Subcontractor pricing not in the correct format, or contains Sub -Contractor pricing that relates to Work clearly not part of the change, will not be reviewed and returned to the Contractor for proper submission and as such, no Contractor claims for delay will be accepted as a result of extended response time due to improper pricing submission. 10.3.2.6. The Engineer / Architect will review properly submitted Contractor pricing and compare submitted pricing with published pricing data contained in the Building Cost Data, Mechanical Cost Data and Electrical Cost Data, latest edition, as published by R.S. Means Company, Inc. Contractor submitted pricing found to be in excess of five (5%) percent above the stated published pricing will not be accepted and as such, no Contractor claims for delay will be accepted as a result of extended response time due to excessive pricing submittal by the Contractor. 10.3.3. The value of any change ordered under the Contract for extra work or any reductions in work required, shall be determined under one or more of the following procedures before a written change order is issued. 10.3.3.1. By Unit Price named in the contract or subsequently agreed upon by the City and the Contractor, which prices shall include Contractor's overhead and profit. 10.3.3.2. By Lump Sum Price agreed upon by the City and, the Contractors which pricc .shall include overhead and profit. A breakdown of the estimated costs comprising the lump sum price may be required by the Engineer / Architect for review. Percentage for overhead and profit shall be determined in accordance with the method listed described under Overhead and Profit below. 10.3.3.3. By a Cost Plus Price on total actual costs, plus an added percentage, all determined as described under Overhead and Profit below. 10.3.3.4 Overhead and Profit (a) Subcontractor's overhead, including supervision and the furnishing, use and maintenance of small tools and ordinary equipment incidental to and required for the Work shall be just and fully compensated for by adding an amount equal to FIVE PERCENT (51/6) of the sum of material and labor costs as defined under Subcontractor's profit below, but excluding equipment rental costs. (b) Subcontractor's profit may then be added to the above material costs and labor costs including the Overhead allowance at the rate of SEVEN PERCENT (71/6) of the sum of those costs, excluding equipment rental costs. (c) Contractor's overhead, including general supervision and the furnishing, use and maintenance of small tools incidental to and required for the Work accomplished by its own direct labor shall be considered to be just and fully compensated for by adding an amount equal to FIVE PERCENT (5%) of the MBR CONSTRUCTION, INC. Page 23 of 41 172 342