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discounts) of materials and equipment required additional expense or OWNER believes that by the allowances to be delivered at the Site, OWNER is entitled to a decrease in Contract and all applicable taxes; and Price and the parties are unable to agree as to the amount of any such increase or decrease. 2. CONTRACTOR's costs for unloading and handling on the Site, labor, installation 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- graph 10.05. 11.03 Unit Price Work B. The value of any Work covered by a Change A. Where the Contract Documents provide that 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 1. where the Work involved is covered unit price for each separately identified item of Unit by unit prices contained in the Contract Price Work times the estimated quantity of each item Documents, by application of such unit prices to as indicated in the Agreement. The estimated the quantities of the items involved (subject to quantities of items of Unit Price Work are not guaran- 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- 2. where the Work involved is not cov- minations of the actual quantities and classifications of ered by unit prices contained in the Contract Unit Price Work performed by CONTRACTOR will be Documents, by a mutually agreed lump sum made by ENGINEER subject to the provisions of (which may include an allowance for overhead paragraph 9.08. and profit not necessarily in accordance with paragraph 12.01.C.2); or B. Each unit price will be deemed to include an amount considered by CONTRACTOR to be ade- 3. where the Work involved is not cov- quate to cover CONTRACTOKs overhead and profit ered by unit prices contained in the Contract for each separately identified item. Documents and agreement to a lump sum is not reached under paragraph 12.01.6.2, on the C. OWNER or CONTRACTOR may make a basis of the Cost of the Work (determined as Claim for an adjustment in the Contract Price in accor- provided in paragraph 11.01) plus a dance with paragraph 10.05 if: 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 C. CONTRACTOR's Fee: The materially and significantly from the estimated CONTRACTOR's fee for overhead and profit shall be quantity of such item indicated in the determined as follows: Agreement; and 1. a mutually acceptable fixed fee;or 2. there is no corresponding adjustment 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 00700-General Conditions REV 5-10-13 00700-34 Rkl`ublic Works\ENGINEERING DIVISION PROJECTS\1123 43rd Ave Sidewalk Improvements 26th St.to Airport Dr Wes(XAdmim\bid domments\Master Contract Documents\00700- General Conditions REV 5-10-13.doc