Reso 2005-825 - Laserfiche WebLink

Home Browse Search

11 LJ 11 ARTICLE 12 - CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES LJ n u 12.01 aumgt of Cofl/rDct PriCt n A. The Contract Price may oo1y be changed by a Change Order or by a Written Amendment. Any Claim for an adjustmCDt in the ContraCt Price shall be based on written notice submitted by Ihe party m.alciDg Ihe Claim to the ENGINEER and the other party to the Contract in accor- dance with the provisions of paragraph 10.05. LJ n u il B. The value oC'any Work covered by a Change Order or of any Claim for an adjustment in the Contract Price will be determined as follows: LJ n I. where the Work involved is covered by unit prices c:ontaiDed in rhe CoDttact DocumentS, by applica- tion of such unit prices 10 the quantities of the items involved (subject to the provisions of paragraph 11.03 ); or u n u n 2. where the Wort involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed lump sum (which may include an allowance for overhead and profit not necessarily in accordance with paragraph 12.01.C.2); or u II LJ 11 3. where the WOIX involwd is not covered by unit prices coDtaiDcd in the Contract Documems and agree- ment 10 a lump sum is DOt reac:bed under paragraph 12.01.B.2, on tbe basis of the Cost of the Work (determiDed IS provided in paragraph 11.01) plus a CONTRACI'OR's fee for overhead aDd profit (deter- m.iDed IS provided ill paragraph 12.01.C). LJ 11 u 11 C. CONllUC1'OR's Fu: Tbc CONTRACTOR's fee for ovcrhead aDd profit shall be determined as follows: L-J n 1. a mutUally acceptable fixed fee; or LJ 2. if a fixed fee is DOt agreed upon, Ihcn a fcc based OD the fol1owiD& percentages of the various portions of the Cost of the Work: n LJ n a. for COSIS iDcurred under paragraphs 11.01.A.l aDd 11.01.A.2, the CONTRACTOR's fee sbaD be 15 pcrc:em; b. for COSIS ~ under paragraph 1l.01.A.3, die CONTRACTOR's fee shall be fIVe pcrccat; LJ II LJ n c. where ODC or more ticri of subc:oDtracts arc OD the basis of Cost of die Work plus a fee md DO u II 00700 - 33 LJ fixed fee is agreed upon, the intent of paragraph 12.0l.C.2.a is that the SubcoDtraCtor who actually performs the Work, at whatever tier, will be paid a fee of IS percent of the costs incurred by such Subcontractor under paragraphs 11.01.A.I and 11.01.A.2 and that any higher tier SubcoDtraCtor and CONTRACTOR will each be paid a fee of five perccnt of the amount paid 10 the next lower tier Subcontractor; d. no fee shall be payable on the basis of costs itemized under paragraphs 11.01.A.4, 11.01.A.S, and 11.01.B: e. Ihe amount of credit to be allowed by CONTRACTOR to OWNER for any change which results in a net decrease in cost will be the amount of tbe acwa1 act decrease.in cost plus a dt:duction in CONTRACTOR's fcc by an IJDOW1t equal to five percent of such act decrease; and f. when both additions and credits arc in- volved in anyone chaoge, the adjustment in CONTRACTOR's fee shall be computed on the basis of the act change in accordance with para- graphs 12.01.C.2.a through 12.01.C.2.e, inclu- sive. 12.02 Clumge of Contract Times A. The Comract Times (or MilCSlODCS) may only be changed by a Change Order or by a Written AmcDdmcnt. Any Claim for an adjustlDmll in Ibe ~ Times (or MilestODe$) sba1l be based on wriucn DOdce aubm.lued by the party making die c1aim. to b BNGINBBR. aDd cbe Other party to Ibe CoatrICl ill accordaDce wida Cbe provisioDS of pmgraph 10.05. B. Any adjUStmeDl of the Com:rIct Times (or MUcsumcs)covca:d.by a CbaDle:Ordcr or of lID)' Claim for an adjUStmcDt in the Contract Times (or Milestones) wD1 be determined in accordance with 'Ibe provisions of this Article 12. 12.03 De1D.ys Beyond CONTRACTOIl's ConlTOl A. Where CONTRACTOR is ~ from complctiDg IDY part of the Work within the Contract Tames (or Mncstoaes) clue to delay beyODd rile comro1 of CONTRACI'OR, Cbe Coattact TUDeS (or Milestoaes) wi1I be cXf.CDded in ID aDIOUId equal to die time lost clue to sacb delay rt a Claim is made chetefor IS provided in parqraph 12.m.A. Delays beyond the CODtrOl of CONTRACTOR sbal1 include, but DOt be lim1rcd to, ICCI or DCg10ct by OWNER, acu or aeeJcct of ud1Jty owaen or other coottacton pcrfol'llliDg other work ~ CODlCmp1ated by