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4b <br />+s <br />PM Unit Price Work: <br />11.9 Where the Contract Documents provide that all or part of the Work is to he Unit Price Work, <br />initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the <br />sum of the established unit prices for each separately identified item of Unit Price Work times the <br />estimated quantity of each items as indicated in the Agreement. The estimated quantities of items <br />of Unit Price Work arc not guaranteed and are solely for the purpose of comparison of Bids and <br />determining an initial Contract Price. Determinations of the actual quantities and classifications of <br />Unit Price Work performed by CONTRACTOR will be made by ENGINEER in accordaM.ee with <br />paragraph 9.l U <br />11.10 Each unit price will be deemed to include an amount considered by CONTRACTOR to be adequate <br />to cover CONTRACTOR's overhead and profit for each separately identified item. <br />11.11 Where the quantity of any item of Unit Price Work performed by CON"IRACTOR differs materially <br />and significantly from the estimated quantity of such item indicated in the Agreement and there is <br />no corresponding adjustment with respect to any other items of Work and if CONTRACTOR <br />believes that CONTRACTOR has incurred additional expense as a result thereof, CONTRACTOR <br />may make a claim for an increase in the Contract Price in accordance with Article 11 if the parties <br />are unable to agree as to the amount of any such increase. <br />ARTICLE 12 _ CHANGE OF CONTRACT TIM� <br />12.1 The Contract Time may only be changed by a change order or a written amendment. any claim for <br />an extension or shortening of the contract time shall be based oat written notice delivered by tite <br />party making claim to the other party and to ENGINEER promptly (but in no event later than thirty <br />(30) days) after the occurrence of the event living rise to the claim and stating the general nature <br />of the claim. Notice of the extent of the clairn with supporting data shall be delivered within sixty <br />(60) days after such occurrence (unless ENGINEER allows an additional period of time to ascertain <br />more accurate data in support of the claim) and shall he accompanied by the claimant's written <br />statement that the adjustment claimed is the entire adjustment to which the claimant has reason to <br />believe it is entitled as a result of the occurrence of said event. All claims for adjustment in the <br />Contract Time shall be determined by ENGINEER in accordance with paragraph 9.11. if OWNER <br />and CONTRACTOR cannot otherwise agree. No claim for an adjustment in the Contract Time will <br />be valid ifnot submitted in accordance with the requirements of this paragraph 12.1. <br />12.2 The Contract Time will be extended in an amount equal to time lost due to delays heyond the control <br />of CONTRACTOR if a claim is made therefor as provided in paragraph 12.1. Such delays shall <br />include, but not he limited to, acts or neglect by OWNER or others performing additional work as <br />contemplated by Article 7, or to fires, floods, labor disputes, epidemics, abnormal weather <br />conditions or acts of God. Delays described in this paragraph shall scot crnitle the CONTRACTOR <br />to any additional compensation. The sole remedy of the CON FRAC'TOR shall be an extension of <br />time obtained in accordance with Article 12. <br />12.3 All time limits stated in the Contract Documents are of the essence of the Agreement. ]'he <br />provisions ofthis Article 12 shall not exclude recovery for damages (including but not limited to <br />fees and charges of engineers, architects, attonicys and other professionals and court and arburation <br />costs) for delay by either party. <br />OF <br />M z <br />