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5 . Other overhead or general expense as indicated in the Agreement. The estimated costs of any kind and the costs of any item not quantities of items of Unit Price Work are not guaran - specifically and expressly included in teed and are solely for the purpose of comparison of paragraphs 11 . 01 . A and 11 . 01 . 6 . Bids and determining an initial Contract Price . Deter- minations of the actual quantities and classifications C . CONTRACTOR 's Fee: When all the Work is of Unit Price Work performed by CONTRACTOR will performed on the basis of cost-plus , be made by ENGINEER subject to the provisions of CONTRACTOR 's fee shall be determined as set forth paragraph 9 . 08 , in the Agreement. When the value of any Work covered by a Change Order or when a Claim for an B . Each unit price will be deemed to include an adjustment in Contract Price is determined on the amount considered by CONTRACTOR to be ade- basis of Cost of the Work, CONTRACTOR ' s fee shall quate to cover CONTRACTOR 's overhead and profit be determined as set forth in paragraph 12 . 01 . C . for each separately identified item . D . Documentation: Whenever the Cost of the C . OWNER or CONTRACTOR may make a Work for any purpose is to be determined pursuant to Claim for an adjustment in the Contract Price in paragraphs 11 . 01 . A and 11 . 01 . 6 , CONTRACTOR will accordance with paragraph 10 . 05 if: establish and maintain records thereof in accordance with generally accepted accounting practices and 1 . the quantity of any item of Unit Price submit in a form acceptable to ENGINEER an Work performed by CONTRACTOR differs itemized cost breakdown together with supporting materially and significantly from the estimated data . quantity of such item indicated in the 11 . 02 Cash Allowances Agreement; and 2 , there is no corresponding adjustment A. It is understood that CONTRACTOR has in - with respect any other item of Work ; and cluded in the Contract Price all allowances so named in the Contract Documents and shall cause the Work 3 . if CONTRACTOR believes that so covered to be performed for such sums as may be CONTRACTOR is entitled to an increase in acceptable to OWNER and ENGINEER . Contract Price as a result of having incurred CONTRACTOR agrees that: additional expense or OWNER believes that OWNER is entitled to a decrease in Contract 1 . the allowances include the cost to Price and the parties are unable to agree as to CONTRACTOR ( less any applicable trade the amount of any such increase or decrease . discounts) of materials and equipment required by the allowances to be delivered at the Site , and all applicable taxes ; and ARTICLE 12 - CHANGE OF CONTRACT PRICE , CHANGE OF CONTRACT TIMES 2 . CONTRACTOR ' s costs for unloading and handling on the Site , labor, installation costs, overhead , profit, and other 12 . 01 Change of Contract Price expenses contemplated for the allowances have been included in the Contract Price and A. The Contract Price may only be changed by not in the allowances , and no demand for ad & a Change Order or by a Written Amendment. Any tional payment on account of any of the forego- Claim for an adjustment in the Contract Price shall be ing will be valid . based on written notice submitted by the party making the Claim to the ENGINEER and the other party to the B . Prior to final payment, an appropriate Change Contract in accordance with the provisions of para- Order will be issued as recommended by ENGINEER graph 10 . 05 , to reflect actual amounts due CONTRACTOR on account of Work covered by allowances , and the B . The value of any Work covered by a Change Contract Price shall be correspondingly adjusted . Order or of any Claim for an adjustment in the Contract Price will be determined as follows : 11 . 03 Unit Price Work 1 . where the Work involved is covered A. Where the Contract Documents provide that by unit prices contained in the Contract all or part of the Work is to be Unit Price Work , initially Documents , by application of such unit prices the Contract Price will be deemed to include for all to the quantities of the items involved ( subject Unit Price Work an amount equal to the sum of the to the provisions of paragraph 11 . 03 ) ; or unit price for each separately identified item of Unit Price Work times the estimated quantity of each item 00700 - General Conditions REV 04-07 . doc 00700 - 32 FAPublic Works\ENGINEERING DIVISION PROJECTS\1142-Misc Culvert ReplacementsWdmim\bid documents\00700 - General Conditions REV 04-07. doc