2. Where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually
agreed lump sum (which may include an allowance for overhead and profit not necessarily in accordance with
paragraph 12.01.C.2); or
C. CONTRACTOR's Fee: When all the Work is performed on the basis of cost-plus, CONTRACTOR's fee shall be
determined as set forth in the Agreement. When the value of any Work covered by a Change Order or when a Claim
for an adjustment in Contract Price is determined on the basis of Cost of the Work, CONTRACTOR’s fee shall be
determined as set forth in paragraph 12.01.C.
iv. Rental rate paid as above provided shall include the cost of fuel, oil, lubrication, small tools,
necessary attachments, repairs and maintenance of any kind, depreciation, storage, insurance and all
incidentals. CONTRACTOR shall provide the Engineer with a complete Force Account Equipment
Listing for each piece of equipment utilized.
e. Sales, consumer, use, and other similar taxes related to the Work, and for which CONTRACTOR is liable,
imposed by Laws and Regulations.
surplus materials and equipment shall accrue to OWNER, and CONTRACTOR shall make provisions so that they
may be obtained.
adjustment disputed is the entire adjustment to which the claimant believes it is entitled as a result of said event. The
opposing party shall submit any response to ENGINEER and the claimant within 30 days after receipt of the claimant's
last submittal (unless ENGINEER allows additional time).
ARTICLE 10 - CHANGES IN THE WORK; CLAIMS
10.01 Authorized Changes in the Work
A. Without invalidating the Agreement and without notice to any surety, OWNER may, at any time or from time to
time, order additions, deletions, or revisions in the Work by a Written Amendment or a Change Order. Upon receipt of
any such document, CONTRACTOR shall promptly proceed with the Work involved which will be performed under
the applicable conditions of the Contract Documents (except as otherwise specifically provided).
C. In connection with ENGINEER’s authority as to Applications for Payment, see Article 14,
9.08 Determinations for Unit Price Wark
A ENGINEER will have authority to determine the actual quantities and classifications of items of Unit Price Work
performed by CONTRACTOR, and the written decisions of ENGINEER on such matters will be final, binding on
OWNER and CONTRACTOR and not subject to appeal (except as modified by ENGINEER to reflect changed factual
conditions).
9.09 Decisions on Requirements of Contract Documents and Acceptability of Work
continuous inspections on the Site to check the quality or quantity of the Work. ENGINEER's efforts will be directed
toward providing for OWNER a greater degree of confidence that the completed Work will conform generally to the
Contract Documents. On the basis of such visits and observations, ENGINEER will keep OWNER informed of the
progress of the Work and will endeavor to guard OWNER against defective Work,
8.05 Lands and Easements; Reports and Tests
A. OWNER's duties in respect of providing lands and easements and providing engineering surveys to establish
reference points are set forth in paragraphs 4.01 and 4.05. Paragraph 4.02 refers to OWNER's identifying and making
available to CONTRACTOR copies of reports of explorations and tests of subsurface conditions and drawings of
physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site that have been
B. CONTRACTOR shall afford each other contractor who is a party to such a direct contract and each utility OWNER
(and OWNER, if OWNER is performing the other work with OWNER’s employees) proper and safe access to the Site
and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such
other work and shall properly coordinate the Work with theirs. Unless otherwise provided in the Contract Documents,
CONTRACTOR shall do ali cutting, fitting, and patching of the Work that may be required to properly connect or
