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4.27. Change of Contract Price: The Contract Price constitutes the total compensation payable to the Contractor for performing the Work. All duties, responsibilities and obligations assigned to or undertaken by the Contractor shall be at their expense without changing the Contract Price. 4.27.1. The City may, at any time, without written notice to the sureties, by written order designated or indicated to be a Change Order, make any change in the Work within the general scope of the Contract, including but not limited to changes: in the specifications (including drawings and designs); in the method or manner of performance of the Work; in the City-furnished facilities, equipment, materials, services, or site; or directing acceleration in the performance of the Work. 4.27.2. Except as herein provided, no order, statement, or conduct of the City shall be treated as a change under this clause or entitle the Contractor to an equitable adjustment hereunder. 4.27.3. If any change order under this clause causes an increase or decrease in the Contractor's cost of, or the time required for, the performance of any part of the Work, under this Contract, whether or not changed by any order, an equitable adjustment shall be made and the Contract modified in writing accordingly. 4.27.4. If the Contractor intends to assert a claim for an equitable adjustment under this clause, he must, within ten (10) days after receipt of a written Change Order, submit to the City a written notice including a statement setting forth the general nature and monetary extent of such claim, and supporting data. 4.27.5. No claim by the Contractor for an equitable adjustment hereunder shall be allowed if not submitted in accordance with this section or if asserted after final payment under this Contract. 4.27.6. The value of any Work covered by a Change Order or of any claim for an increase or decrease in the Contract Price shall be determined in one of the following ways: by negotiated lump sum; or on the basis of the cost of the Work, determined as provided in this section, plus a mutually agreed upon fee to the Contractor and to cover overhead and profit. 4.27.7. The term cost of the Work means the sum of all direct costs necessarily incurred and paid by the Contractor in the proper performance of the Work. Except as otherwise may be agreed to in writing by City, such costs shall be in amounts no higher than those prevailing in Miami-Dade County, shall include only the following items and shall not include any of the costs itemized hereunder. 4.27.7.1. Payroll costs for employees in the direct employ of Contractor in the performance of the work described in the Change Order under schedules of job classifications agreed upon by City and Contractor. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall be limited to: salaries and wages, plus the costs of fringe benefits which shall include social security contributions, unemployment, excise and payroll taxes, workers' compensation, health and retirement benefits, sick leave, vacation and holiday pay applicable thereto. Such employees shall include superintendents and foremen at the site. The expenses of performing Work after regular working hours, on Sunday or legal holidays shall be included in the above only if authorized by City. 4.27.7.2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage, and manufacturers' field services required in connection therewith. All cash discounts shall accrue to Contractor unless City deposits funds with Contractor with which to make payments in which case the cash discounts, shall accrue to the City. All trade discounts, rebates and refunds, and all returns from sale of surplus materials and PAGE 19 OF 92 BID No. 07-10-04