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costs , overhead , profit , and other expenses ARTICLE 12 - CHANGE OF CONTRACT PRICE ; contemplated for the allowances have been CHANGE OF CONTRACT TIMES included in the Contract Price and not in the allowances , and no demand for additional payment on account of any of the foregoing will 12 . 01 Change of Contract Price be valid . A. The Contract Price may only be changed by a B . Prior to final payment, an appropriate Change Change Order or by a Written Amendment . Any Order will be issued as recommended by ENGINEER Claim for an adjustment in the Contract Price shall be to reflect actual amounts due CONTRACTOR on based on written notice submitted by the party making account of Work covered by allowances , and the Con - the Claim to the ENGINEER and the other party to the tract Price shall be correspondingly adjusted . Contract in accordance with the provisions of para- 11 . 03 Unit Price Work graph 10 . 05 . A. Where the Contract Documents provide that B . The value of any Work covered by a Change p Order or of any Claim for an adjustment in the all or part of the Work is to be Unit Price Work , initially Contract Price will be determined as follows : the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the unit price for each separately identified item of Unit 1 where the Work involved is covered Price Work times the estimated quantity of each item by unit prices contained in the Contract as indicated in the Agreement. The estimated Documents , by application of such unit prices to uaran - the quantities of the items involved (subject to quantities of items of Unit Price Work are not 9 the provisions of paragraph 11 . 03 ); or teed and are solely for the purpose of comparison of Bids and determining an initial Contract Price . Deter- minations of the actual quantities and classifications of ered 2 • where the Work involved is not by unit prices contained in the Contract tract Unit Price Work performed by CONTRACTOR will be Documents , by a mutually agreed lump sum made by ENGINEER subject to the provisions of paragraph 9 . 08 . (which may include an allowance for overhead and profit not necessarily in accordance with B . Each unit price will be deemed to include an paragraph 12 . 01 . C . 2 ) ; or amount considered by CONTRACTOR to be ade- p quate to cover CONTRACTOR's overhead and profit ered 3 • where the Work involved is not by unit prices contained in the Contract tract for each separately identified item . Documents and agreement to a lump sum is make a not reached under paragraph 12 . 01 . B . 2 , on the C . OWNER or CONTRACTOR may basis of the Cost of the Work (determined as Claim for an adjustment in the Contract Price in accor- dance with paragraph 10 . 05 if: provided in paragraph 11 . 01 ) plus a CONTRACTOR 's fee for overhead and profit (determined as provided in paragraph 12 . 01 . C ) . 1 , the quantity of any item of Unit Price Work performed by CONTRACTOR differs materially and significantly from the estimated C � CONTRACTOR 's Fee: The CONTRACTOR's fee for overhead and profit shall be quantity of such item indicated in the determined as follows : Agreement; and 2 , there is no corresponding adjustment 1 a mutually acceptable fixed fee ; or with respect any other item of Work ; and 2 , if a fixed fee is not agreed upon , then a fee based on the following percentages of the 3 . if CONTRACTOR believes that various portions of the Cost of the Work : CONTRACTOR is entitled to an increase in Contract Price as a result of having incurred additional expense or OWNER believes that a . for costs incurred under para- OWNER is entitled to a decrease in Contract graphs 11 . 01 . A. 1 and 11 . 01 . A. 2 , the CONTRACTOR's fee shall be 15 percent; Price and the parties are unable to agree as to the amount of any such increase or decrease . b . for costs incurred under paragraph 11 . 01 .A. 3 , the CONTRACTOR's fee shall be five percent; 00 - 33 00700 - General Conditions REV 04-07 .doc F :\Public Works\ENGINEERING DIVISION PROJECTS\981013-66th Ave Ph 2 4th St to 161h7St\Adm m\bid documents\00700 - General Conditions REV 04-07.doc