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allowances. No demand Cor additioRal payment on account <br />oCany thereof will be valid. <br />Prior to final payment, an appropriate Change Order will bc <br />issued as recommended by ENGINEER to reflect actuai <br />amounts due CONTRACTOR on account of Work covered <br />by allowances, and the Contract Price shall be correspond- <br />ingly adjustcd. <br />Uni1 Price {York: <br />11.9.1. Where the Contract Documents provide that <br />all or part of the Work is to be Unit Price Work, initially <br />the Contract Price will be deemed to include for all Unit <br />Price Work an amount equal to the sum of the estabtished <br />unit prices for each separately identified item of Unit Price <br />Nork times the estimated quantity of each item as indi- <br />cated in the Agreement. The estimated quantities of items <br />of Unit Price Work are not guaranteed and are solely for <br />the purpose of comparison of Bids and determining an <br />initial Contract Price. Determinations of the actual quan- <br />tities and classifications of Unit Price Work performed by <br />CONTRACTOR will be made by ENGINEER in accor- <br />dance with Paragraph 9.10. <br />11.9.2. Each unit price will be deemed to inc(ude an <br />amount considered by CONTRACTOR to be adequate to <br />cover CONTRACTOR's overhead and profit for each sep- <br />arately identified item. <br />* 11.9.3. Where the quantity of any item of Unit Price <br />Work performed by CONTRACTOR differs materially <br />and significantiy from the estimated quantity of such item <br />indicated in the Agreement and there is no corresponding <br />adjustment with respect to ar►y other item of Work and if <br />CONTRACTOR believes that CONTRACTOR has <br />incurred additional expense as a result thereof, CON- <br />TRACTOR may mal:e a claim for an increase in the Con- <br />tract Price in accordance with Article I 1 if the parties are <br />unable to agree as to the amount of any such increase. <br />shall be determined by ENGINEER in accordance witfi para- <br />graph 9.11 if OWNER and CONTRACTOR cannot othenvise <br />agree. No ctaim for an adjustment in the Contract Time wi(1 <br />be valid if not submitted in accordance with the requirements <br />of this paragraph 12.1. <br />12.2. The Contract Time will be extended in an amount <br />equa( to time lost due to delays bcyond the control of CON- <br />TRACTOR if a claim is made thcrefor as pcovided in para- <br />graph 12.1. Such delays shall include, but not be limited to, <br />acts or neglect by OWNER or others performing additional <br />work as contemplated by Article 7, or to fires, ftoods, labor <br />disputes, epidemics, abnormal weather conditions or acts of <br />God. <br />12.3. All time limits stated in the Contract Documents <br />are of the essence of the Agreement. The provisions of this <br />Article 12 shall not exclade recovery for damages (including <br />but not limited to fees and charges of engineers, architects, <br />attorneys and other professionals and court and arbitration <br />costs) for de[ay by either party. <br />ARTICLE 13-WARRANTY AND GUARANTEE; <br />TESTS AND INSPECTIONS; <br />CORRECTION, REMOVAL OR <br />ACCEPTANCE OF DEFECTIVE WORK <br />{i'arraRty and Guaraatee: <br />13.1. CONTRACTOR warrants and gvarantees-to <br />OWNER and ENGINEER that all Work will be in accor- <br />dance with the Contract Documents and will not be defective. <br />Prompt notice of all defects shall be given to CONTRAC- <br />TOR. All defective Work, whether or not in place, may be <br />rejected, corrected or accepted as provided in this Article 13. <br />Access to Work: <br />ARTICLE 12-CHANGE OF CONTRACT TIME <br />12.1. The Contract Time may only be changed by a Change <br />Order or a Written Amendment. Any ctaim foc an extension <br />or shortening of the Contract Time shall be based on written <br />notice delivered by the party making the claim to the other <br />party and to ENGINEER promptly (but in no event later t6an <br />thirty days) after the occuaence of the event giving rise to <br />the claim and stating the general nature of the claim. Notice <br />of the extent of the claim with supporting data shali be deliv- <br />ered within sixty days aCter such occurrence (un(ess ENGI- <br />NEER allows an additional period of time to ascertain more <br />accucate data in support of the claim) and shall be accom- <br />panied by the claimant's written statement that the adjust- <br />ment claimed is the entire adjustment to which the claimant <br />has reason to believe it is entitled as a result oCthe occurrence <br />of said event. All claims for adjustmenl in the Contract Time <br />*See Supplementary Conditions, 52 <br />i` <br />13.2. ENGINEER and ENGINEER's representatives, <br />other representatives of OWNER, testing agencies and gov- <br />ernmental agencies with jurisdictional interests will have access <br />to the Work at reasonable times fortheirobservation, inspecting <br />and testing. CONTRACT'OR shalt provide proper and safe , <br />conditions for such access. Tests and lnspeclions: <br />13.3. CONT'RACTORshallgiveENGINEERtimelynotice <br />of readiness of the Work for atl required inspections, tests or <br />approvals. <br />13.4. If Laws or Regulations of any public body having <br />jurisdiction require any Work (or part theceof) to specifically <br />be inspected, tested or approved. CONTRACTOR shall <br />assume full responsibility thereCor, pay all costs in connection <br />therewith and furnish ENGINEER the required certificates <br />of inspection, testing or appcoval. CONTRACTOR shall also <br />