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r 1 . the quantity of any item of Unit Price 11 .02 Cash Allowances Work performed by CONTRACTOR differs materially and significantly from the estimated A. It is understood that CONTRACTOR has in- quantity of such item indicated in the cluded in the Contract Price all allowances so named Agreement; and in the Contract Documents and shall cause the Work so covered to be performed for such sums as may be 2. there is no corresponding adjustment acceptable to OWNER and ENGINEER. with respect any other item of Work; and CONTRACTOR agrees that: 3. if CONTRACTOR believes that 1 . the allowances include the cost to CONTRACTOR is entitled to an increase in r CONTRACTOR (less any applicable trade Contract Price as a result of having incurred 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 be valid . 12.01 Change of Contract Price B . Prior to final payment, an appropriate Change A. The Contract Price may only be changed by Order will be issued as recommended by ENGINEER a Change Order or by a Written Amendment. Any to reflect actual amounts due CONTRACTOR on Claim for an adjustment in the Contract Price shall be account of Work covered by allowances, and the based on written notice submitted by the party making Contract Price shall be correspondingly adjusted . the Claim to the ENGINEER and the other party to the Contract in accordance with the provisions of para- 11 .03 Unit Price Work graph 10 .05 . �w A. Where the Contract Documents provide that B . The value of any Work covered by a Change all or part of the Work is to be Unit Price Work, initially Order or of any Claim for an adjustment in the yr the Contract Price will be deemed to include for all Contract Price will be determined as follows: 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 quantities of items of Unit Price Work are not guaran- to the quantities of the items involved (subject teed and are solely for the purpose of comparison of to the provisions of paragraph 11 .03 ); or Bids and determining an initial Contract Price . Deter- minations of the actual quantities and classifications 2 . where the Work involved is not cov- of Unit Price Work performed by CONTRACTOR will ered by unit prices contained in the Contract be made by ENGINEER subject to the provisions of Documents, by a mutually agreed lump sum �+ 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- quate to cover CONTRACTOR's overhead and profit 3 . where the Work involved is not cov- for each separately identified item . ered by unit prices contained in the Contract Documents and agreement to a lump sum is r' C . OWNER or CONTRACTOR may make a not reached under paragraph 12.01 . 13 .2 , on the Claim for an adjustment in the Contract Price in accor- basis of the Cost of the Work (determined as dance with paragraph 10.05 if: provided in paragraph 11 .01 ) plus a CONTRACTOR's fee for overhead and profit 00700 - General Conditions REV 0447 00700 - 34 F9EngineeringV W flliamsWasterContracbMaster Contract Documenls\00700 - General Conditions REV 04-07doc A