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<br />00800 - 10/13 <br /> <br /> <br />4. Cost of premiums for all Bonds and for all insurance whether or not CONTRACTOR <br />is required by the Contract Documents to purchase and maintain the same, except <br />for additional bonds and insurance required because of changes in the work. <br /> <br />5. Costs due to the negligence or neglect of CONTRACTOR, any Subcontractors, or <br />anyone directly or indirectly employed by any of them or for whose acts any of them <br />may be liable, including but not limited to, the correction of defective work, disposal <br />of materials or equipment wrongly supplied and making good any damage to <br />property. <br /> <br />6. Other overhead or general expense costs of any kind and the cost of any item not <br />specifically and expressly included in Paragraph B. <br /> <br />D. CONTRACTOR's fee allowed to CONTRACTOR for overhead and profit shall be <br />determined as follows: <br /> <br />1. A mutually acceptable fixed fee or if none can be agreed upon, <br /> <br />2. A fee based on the following percentages of the various portions of the cost of the <br />work: <br /> <br />(i) For costs incurred under Paragraphs B.1 and B.2, CONTRACTOR's fee shall not <br />exceed ten percent (10%), <br /> <br />(ii) For costs incurred under Paragraph B.3, CONTRACTOR's fee shall not exceed <br />seven and one half percent (7.5%); and if a subcontract is on the basis of cost of <br />the work plus a fee, the maximum allowable to the Subcontractor as a fee for <br />overhead and profit shall not exceed ten percent (10%); and <br /> <br />(iii) No fee shall be payable on the basis of costs itemized under Paragraphs B.4 and <br />B.5, (except Paragraph B.5.(iii)), and Paragraph C. <br />E. The amount of credit to be allowed by CONTRACTOR to OWNER for any such change <br />which 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, however, <br />CONTRACTOR shall not be entitled to claim lost profits for any Work not performed. <br />F. Whenever the cost of any work is to be determined pursuant to Paragraphs B and C, <br />CONTRACTOR will submit in a form acceptable to ENGINEER an itemized cost <br />breakdown together with the supporting data. <br />G. Where the quantity of any item of the Work that is covered by a unit price is increased or <br />decreased by more than twenty percent (20%) from the quantity of such work indicated <br />in the Contract Documents, an appropriate Change Order shall be issued to adjust the <br />unit price, if warranted. <br />H. Whenever a change in the Work is to be based on mutual acceptance of a lump sum, <br />whether the amount is an addition, credit or no change-in-cost, CONTRACTOR shall <br />submit an initial cost estimate acceptable to ENGINEER and Contract Administrator. <br />1. Breakdown shall list the quantities and unit prices for materials, labor, equipment and <br />other items of cost.