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demand for additional payment on account of any of 3. Any part of CONTRACTOR's capital the foregoing will be valid. expenses, including interest on CONTRACTOR's capital employed for the Work and charges against B. Prior to final payment, an appropriate Change CONTRACTOR for delinquent payments. Order will be issued as recommended by ENGINEER to reflect actual amounts due CONTRACTOR on account of 4. Costs due to the negligence of CON- Work covered by allowances, and the Contract Price shall TRACTOR, any Subcontractor, or anyone directly be correspondingly adjusted. or indirectly employed by any of them or for whose acts any of them may be liable, including but not 11 .03 Unit Price Work limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied, and A. Where the Contract Documents provide that all or making good any damage to property. part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price 5 . Other overhead or general expense costs Work an amount equal to the sum of the unit price for each of any kind and the costs of any item not specifically separately identified item of Unit Price Work times the and expressly included in paragraphs 11 .0l .A and estimated quantity of each item as indicated in the Agree- 11 .01 .B. ment. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of C. CONTRACTOR 's Fee. When all the Work is comparison of Bids and determining an initial Contract performed on the basis of cost-plus, CONTRACTOR's fee Price. Determinations of the actual quantities and shall be determined as set forth in the Agreement. When classifications of Unit Price Work performed by the value of any Work covered by a Change Order or when CONTRACTOR will be made by ENGINEER subject to a Claim for an adjustment in Contract Price is determined the provisions of paragraph 9.08. on the basis of Cost of the Work, CONTRACTOR's fee shall be determined as set forth in paragraph 12 .01 .C. B. Each unit price will be deemed to include an amount considered by CONTRACTOR to be adequate to D. Documentation: Whenever the Cost of the Work cover CONTRACTOR's overhead and profit for each for any purpose is to be determined pursuant to paragraphs separately identified item. 11 .0 LA and 11 .0I .B, CONTRACTOR will establish and maintain records thereof in accordance with generally C. OWNER or CONTRACTOR may make a Claim accepted accounting practices and submit in a form for an adjustment in the Contract Price in accordance with acceptable to ENGINEER an itemized cost breakdown paragraph 10.05 if: together with supporting data. 1 . the quantity of any item of Unit Price 11 .02 Cash Allowances Work performed by CONTRACTOR differs mate- rially and significantly from the estimated quantity A. It is understood that CONTRACTOR has included of such item indicated in the Agreement; and in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to 2. there is no corresponding adjustment be performed for such sums as may be acceptable to with respect any other item of Work; and OWNER and ENGINEER. CONTRACTOR agrees that: 3 . if CONTRACTOR believes that 1 . the allowances include the cost to CON- CONTRACTOR is entitled to an increase in TRACTOR (less any applicable trade discounts) of Contract Price as a result of having incurred addi- materials and equipment required by the allowances tional expense or OWNER believes that OWNER is to be delivered at the Site, and all applicable taxes; entitled to a decrease in Contract Price and the and 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 contemplated for the allowances have been included in the Contract Price and not in the allowances, and no 00700 - 34