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Order or when a Claim for an adjustment in Contract Unit Price Work performed by CONTRACTOR will be <br /> Price is determined on the basis of Cost of the Work, made by ENGINEER subject to the provisions <br /> of <br /> CONTRACTOR' s fee shall be determined as set forth paragraph 9 . 08 . <br /> in paragraph 12 . 01 . C . <br /> B . Each unit price will be deemed to include an <br /> D . Documentation: Whenever the Cost of the amount considered by CONTRACTOR to be ade- <br /> Work for any purpose is to be determined pursuant to quate to cover CONTRACTOR's overhead and profit <br /> paragraphs 11 . 01 .A and 11 . 01 . 13 , CONTRACTOR will for each separately identified item . <br /> establish and maintain records thereof in accordance <br /> with generally accepted accounting practices and C . OWNER or CONTRACTOR may make a <br /> submit in a form acceptable to ENGINEER an Claim for an adjustment in the Contract Price in accor- <br /> itemized cost breakdown together with supporting dance with paragraph 10 . 05 if: <br /> data . <br /> 1 . the quantity of any item of Unit Price <br /> 11 . 02 Cash Allowances Work performed by CONTRACTOR differs <br /> materially and significantly from the estimated <br /> A. It is understood that CONTRACTOR has in- quantity of such item indicated in the <br /> cluded in the Contract Price all allowances so named Agreement; and <br /> in the Contract Documents and shall cause the Work <br /> so covered to be performed for such sums as may be 2 . there is no corresponding adjustment <br /> acceptable to OWNER and ENGINEER . with respect any other item of Work; and <br /> CONTRACTOR agrees that: <br /> 3 . if CONTRACTOR believes that <br /> 1 . the allowances include the cost to CONTRACTOR is entitled to an increase in <br /> CONTRACTOR ( less any applicable trade Contract Price as a result of having incurred <br /> discounts) of materials and equipment required additional expense or OWNER believes that <br /> by the allowances to be delivered at the Site , OWNER is entitled to a decrease in Contract <br /> and all applicable taxes ; and Price and the parties are unable to agree as to <br /> the amount of any such increase or decrease . <br /> 2 . CONTRACTOR's costs for unloading <br /> and handling on the Site , labor, installation <br /> costs , overhead , profit, and other expenses ARTICLE 12 - CHANGE OF CONTRACT PRICE ; <br /> contemplated for the allowances have been CHANGE OF CONTRACT TIMES <br /> included in the Contract Price and not in the <br /> allowances , and no demand for additional <br /> payment on account of any of the foregoing will 12 . 01 Change of Contract Price <br /> be valid . <br /> A. The Contract Price may only be changed by a <br /> B . Prior to final payment, an appropriate Change Change Order or by a Written Amendment. Any <br /> Order will be issued as recommended by ENGINEER Claim for an adjustment in the Contract Price shall be <br /> to reflect actual amounts due CONTRACTOR on based on written notice submitted by the party making <br /> account of Work covered by allowances, and the Con- the Claim to the ENGINEER and the other party to the <br /> tract Price shall be correspondingly adjusted . Contract in accordance with the provisions of para- <br /> graph 10 . 05 . <br /> 11 . 03 Unit Price Work <br /> B . The value of any Work covered by a Change <br /> A. Where the Contract Documents provide that Order or of any Claim for an adjustment in <br />the <br /> all or part of the Work is to be Unit Price Work, initially Contract Price will be determined as follows : <br /> the Contract Price will be deemed to include for all <br /> Unit Price Work an amount equal to the sum of the 1 . where the Work involved is covered <br /> unit price for each separately identified item of Unit by unit prices contained in the Contract <br /> Price Work times the estimated quantity of each item Documents , by application of such unit prices to <br /> as indicated in the Agreement. The estimated the quantities of the items involved (subject to <br /> quantities of items of Unit Price Work are not guaran- the provisions of paragraph 11 . 03 ) ; or <br /> teed and are solely for the purpose of comparison of <br /> Bids and determining an initial Contract Price . Deter- 2 . where the Work involved is not cov- <br /> minations of the actual quantities and classifications of ered by unit prices contained in the Contract <br /> 00700 - General Conditions REV 04-07 <br /> 00700 - 34 <br /> 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 <br /> Conditions REV <br /> 04-07.doc <br />