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C. OWNER or CONTRACTOR may make a Claim for an 5. Other overhead or general expense costs of any adjustment in the Contract Price in accordance with kind and the costs of any item not specifically and paragraph 10.05 if: expressly included in paragraphs 11 .01 .A and 11 .01 . 6. 1 . the quantity of any item of Unit Price Work C. CONTRACTOR's Fee: When all the Work is performed by CONTRACTOR differs materially and performed on the basis of cost-plus, CONTRACTOR's fee shall significantly from the estimated quantity of such item be determined as set forth in the Agreement. When the value of indicated in the Agreement; and any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost 2. there is no corresponding adjustment with of the Work, CONTRACTOR's fee shall be determined as set respect any other item of Work; and forth in paragraph 12.01 .C. 3. if CONTRACTOR believes that CONTRACTOR D. Documentation: Whenever the Cost of the Work for is entitled to an increase in Contract Price as a result of any purpose is to be determined pursuant to paragraphs having incurred additional expense or OWNER believes 11 .01 .A and 11 .01 . 6, CONTRACTOR will establish and that OWNER is entitled to a decrease in Contract Price maintain records thereof in accordance with generally accepted and the parties are unable to agree as to the amount of accounting practices and submit in a form acceptable to ENGI- any such increase or decrease. NEER an itemized cost breakdown together with supporting data. ARTICLE 12 - CHANGE OF CONTRACT PRICE; CHANGE 11 .02 Cash Allowances OF CONTRACT TIMES A. It is understood that CONTRACTOR has included in the Contract Price all allowances so named in the Contract 12. 01 Change of Contract Price Documents and shall cause the Work so covered to be performed for such sums as may be acceptable to OWNER and A. The Contract Price may only be changed by a Change ENGINEER. CONTRACTOR agrees that: Order or by a Written Amendment. Any Claim for an adjustment in the Contract Price shall be based - on written 1 .the allowances include the cost to CONTRAC- notice submitted by the party making the Claim to the TOR (less any applicable trade discounts) of materials ENGINEER and the other party to the Contract in accordance and equipment required by the allowances to be with the provisions of paragraph 10.05. delivered at the Site, and all applicable taxes; and b. The value of any Work covered by a Change Order or 2. CONTRACTOR's costs for unloading and of any Claim for an adjustment in the Contract Price will be handling on the Site, labor, installation costs, overhead, determined as follows: profit, and other expenses contemplated for the allow- ances have been included in the Contract Price and not 1 . where the Work involved is covered by unit in the allowances, and no demand for additional prices contained in the Contract Documents, by applica- payment on account of any of the foregoing will be valid. tion of such unit prices to the quantities of the items involved (subject to the provisions of paragraph 11 .03 ); B. Prior to final payment, an appropriate Change Order or will be issued as recommended by ENGINEER to reflect actual amounts due CONTRACTOR on account of Work covered by 2.where the Work involved is not covered by unit allowances, and the Contract Price shall be correspondingly prices contained in the Contract Documents, by a adjusted. mutually agreed lump sum (which may include an allowance for overhead and profit not necessarily in 11 .03 Unit Price Work accordance with paragraph 12.01 .C.2); or A. Where the Contract Documents provide that all or part 3.where the Work involved is not covered by unit of the Work is to be Unit Price Work, initially the Contract Price prices contained in the Contract Documents and agree- will be deemed to include for all Unit Price Work an amount ment to a lump sum is not reached under paragraph equal to the sum of the unit price for each separately identified 12.01 . 6. 2, on the basis of the Cost of the Work Rem of Unit Price Work times the estimated quantity of each (determined as provided in paragraph 11 .01 ) plus a item as indicated in the Agreement. The estimated quantities of CONTRACTOR's fee for overhead and profit (deter- items of Unit Price Work are not guaranteed and are solely for mined as provided in paragraph 12.01 .C). the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantifies and C. CONTRACTOR's Fee: The CONTRACTOR's fee for classifications of Unit Price Work performed by CONTRACTOR overhead and profit shall be determined as follows: will be made by ENGINEER subject to the provisions of paragraph 9.08. 1 . a mutually acceptable fixed fee; or B. Each unit price will be deemed to include an amount 2. if a fixed fee is not agreed upon, then a fee considered by CONTRACTOR to be adequate to cover based on the following percentages of the various CONTRACTOR's overhead and profit for each separately portions of the Cost of the Work: identified item. 6706-38392\8/20/03 00700-26 VRB