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Order or when a Claim for an adjustment in Contract Unit Price Work performed by CONTRACTOR will be Price is determined on the basis of Cost of the Work, made by ENGINEER subject to the provisions of CONTRACTOR' s fee shall be determined as set forth paragraph 9 . 08 . in paragraph 12 . 01 . C . B . Each unit price will be deemed to include an D . Documentation: Whenever the Cost of the amount considered by CONTRACTOR to be ade- Work for any purpose is to be determined pursuant to quate to cover CONTRACTOR's overhead and profit paragraphs 11 . 01 .A and 11 . 01 . 13 , CONTRACTOR will for each separately identified item . establish and maintain records thereof in accordance with generally accepted accounting practices and C . OWNER or CONTRACTOR may make a submit in a form acceptable to ENGINEER an Claim for an adjustment in the Contract Price in accor- itemized cost breakdown together with supporting dance with paragraph 10 . 05 if: data . 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 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 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 00700 - General Conditions REV 04-07 00700 - 34 F:\Engineering\Capital Projects\0803 17th Lane SW Roadway Improvements from 27th Ave to approx. 900 LF east of 27th Ave\0803 Contract Documents\00700 - General Conditions REV 04-07.doc