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39.4. Contractor's fee allowed to Contractor for overhead and profit shall be determined <br />as follows: <br />39.4.1. A mutually acceptable fixed fee or if none can be agreed upon, <br />39.4.2. A fee based on the following percentages of the various portions of the cost <br />of the work: <br />39.4.2.1. For costs incurred under Sections 39.2.1 and 39.2.2, <br />Contractor's fee shall not exceed ten percent (10%). <br />39.4.2.2. For costs incurred under Section 39.2.3, Contractor's <br />fee shall not exceed seven and one half percent (7.5%); <br />and if a subcontract is on the basis of cost of the work <br />plus a fee, the maximum allowable to the Subcontractor <br />as a fee for overhead and profit shall not exceed ten <br />percent (10%); and <br />39.4.2.3. No fee shall be payable on the basis of costs itemized <br />under Sections 39.2.4 and 39.2.5, (except Section <br />39.2.5.3), and Section 39.3. <br />39.5. The amount of credit to be allowed by Contractor to City for any such change which <br />results in a net decrease in cost, will be the amount of the actual net decrease. <br />When both additions and credits are involved in any one change, the combined <br />overhead and profit shall be figured on the basis of the net increase, if any, <br />however, Contractor shall not be entitled to claim lost profits for any Work not <br />performed. <br />39.6. Whenever the cost of any work is to be determined pursuant to Sections 39.2 and <br />39.3, Contractor will submit in a form acceptable to Consultant an itemized cost <br />breakdown together with the supporting data. <br />39.7. Where the quantity of any item of the Work that is covered by a unit price is <br />increased or decreased by more than twenty percent (20%) from the quantity of <br />such work indicated in the Contract Documents, an appropriate Change Order <br />shall be issued to adjust the unit price, if warranted. <br />39.8. Whenever a change in the Work is to be based on mutual acceptance of a lump <br />sum, whether the amount is an addition, credit or no change -in -cost, Contractor <br />shall submit an initial cost estimate acceptable to Consultant and Contract <br />Administrator. <br />39.8.1. Breakdown shall list the quantities and unit prices for materials, labor, <br />equipment and other items of cost. <br />39.8.2. Whenever a change involves Contractor and one or more <br />Subcontractors and the change is an increase in the Contract Price, <br />overhead and profit percentage for Contractor and each Subcontractor <br />shall be itemized separately. <br />38 <br />375 <br />