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' considered administrative costs covered by the <br />CONTRACTOR's fee. <br />' 2. Expenses of CONTRACTOR's principal and <br />branch offices other than CONTRACTOR's office at the <br />Site. <br />' 3. Any part of CONTRACTOR's capital expenses, <br />including interest on CONTRACTOR's capital employed <br />for the Work and charges against CONTRACTOR for <br />' delinquent payments. <br />4. Costs due to the negligence of CONTRACTOR, <br />any Subcontractor, or anyone directly or indirectly <br />' employed by any of them or for whose acts any of them <br />may be liable, including but not limited to,.. the <br />correction of defective Work, disposal of materials or <br />' equipment wrongly supplied, and making good any <br />damage to property. <br />' 5. Other overhead or general expense costs of any <br />kind and the costs of any item not specifically and <br />expressly included in paragraphs 11.0l.A and 11.01.13. <br />LJ� <br />C. CONTRACTOR's Fee: When all the Work is <br />performed on the basis of cost -plus, CONTRACTOR's fee <br />shall be determined as set forth in the Agreement. When the <br />value of any Work covered by a Change Order or when a <br />Claim for an adjustment in Contract Price is determined on <br />the basis of Cost of the Work, CONTRACTOR's fee shall be <br />determined as set forth in paragraph 12.01.C. <br />D. Documentation: Whenever the Cost of the Work for <br />any purpose is to be determined pursuant to paragraphs <br />11.01.A and 11.01.11, CONTRACTOR will establish and <br />maintain records thereof in accordance with generally <br />accepted accounting practices and submit m a form <br />acceptable to ENGINEER an itemized cost breakdown .: <br />together with supporting data. <br />11.02 Cash Allowances <br />A. It is understood that CONTRACTOR has included <br />in the Contract Price all allowances so named in the Contract <br />Documents and shall cause the Work so covered to be <br />performed for such sums as may be acceptable to OWNER <br />and ENGINEER. CONTRACTOR agrees that: <br />1. the allowances include the cost to CONTRAC- <br />TOR (less any applicable trade discounts) of materials <br />and equipment required by the allowances to be <br />delivered at the Site, and all applicable taxes; and <br />2. CONTRACTOR's costs for unloading and <br />handling on the Site, labor, installation costs, overhead, <br />profit, ar-i other expenses contemplated for the allow- <br />ances have been included in the Contract Price and not <br />in the allowances, and no demand for additional payment <br />on account of any of the foregoing will be valid. <br />B. Prior to final payment, an appropriate Change Order <br />will be issued as recommended by ENGINEER to reflect <br />actual amounts due CONTRACTOR on account of Work <br />covered by allowances, and the Contract Price shall be <br />correspondingly adjusted. <br />11.03 Unit Price Work <br />A. Where the Contract Documents provide that all or <br />part of the Work is to be Unit Price Work, initially the <br />Contract Price will be deemed to include for all Unit Price <br />Work an amount equal to the -sum of the unit price for each <br />separately identified item of .Unit Price Work times the <br />estimated quantity of each-item as indicated in the Agree- <br />ment. The estimated quantities of items of Unit Price Work <br />are not guaranteed and are solely for the purpose of <br />comparison of Bids and determining an initial Contract Price. <br />Determinations of the actual quantities and classifications of <br />Unit Price Work performed by CONTRACTOR will be <br />made by ENGINEER subject to the provisions of paragraph <br />9.08. <br />B. Each unit price will be deemed to include an amount <br />considered by CONTRACTOR to be adequate to cover <br />CONTRACTOR's overhead and profit for each separately <br />identified item. <br />C. OWNER or CONTRACTOR may make a Claim for <br />an adjustment in the Contract Price in accordance with <br />paragraph 10.05 if: <br />00700 -32 <br />1. the quantity of any item of Unit Price Work <br />performed by CONTRACTOR differs materially and <br />significantly:from -the estimated quantity of such item <br />indicated in the Agreement; and <br />2. there is no corresponding adjustment with <br />respect any other item of Work; and <br />3. if CONTRACTOR believes that <br />CONTRACTOR is entitled to an increase in Contract <br />Price as a result of having incurred additional expense or <br />OWNER believes that OWNER is entitled to a decrease <br />in Contract Price and the parties are unable to agree as <br />to the amount of any such increase or decrease. <br />