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specifically and expressly included in this document. 4.27.9. The Contractor's fee which shall be allowed to Contractor for their overhead and profit shall be determined as follows: 4.27.9.1. A mutually acceptable firm fixed price; or if none can be agreed upon. 4.27.9.2. A mutually acceptable fixed fee based on the estimate of the various portions of the cost of the Work. 4.27.10. The amount of credit to be allowed by Contractor to City for any such change which results in a net decrease in cost, will be the amount of the actual net decrease. When both additions and credits are involved in anyone change, the net shall be computed to include overhead and profit, identified separately, for both additions and credit, provided however, the Contractor shall not be entitled to claim lost profits for any Work not performed. 4.27.11. Whenever cost of any Work is to be determined pursuant to this document, Contractor will submit in form prescribed by City an itemized cost breakdown together with supporting data. 4.28. Payments to Contractor: At least ten (10) days before each progress payment falls due (but not more often than once a month), the Contractor will submit to the City a partial payment estimate filled out and signed by the Contractor covering the Work performed during the period covered by the partial payment estimate and supported by such data as the City may reasonably require. 4.28.1. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at or near site, the partial payment estimate shall also be accompanied by such supporting data, satisfactory to the City, as will establish the City's title to the material and equipment and protect their interest therein, including applicable insurance. The City will within ten (10) days after receipt of each partial payment estimate, either indicate in writing their approval of payment and present the partial payment estimate to the City, or return the partial payment estimate to the Contractor, indicating in writing their reasons for refusing to approve payment. In the latter case, the Contractor may make the necessary corrections and resubmit the partial payment estimate. The City, will within thirty (30) days of presentation to them of any approved partial payment estimate, pay the Contractor a progress payment on the basis of the approved partial payment estimate. The City may retain ten (10) percent of the amount of each payment until final completion and acceptance of all Work covered by the Contract Documents. On completion and acceptance of a part of the Work on which the price is stated separately in the Contract Documents, payment may be made in full, including retained percentages, less authorized deductions. Any interest earned on the retainage shall accrue to the benefit of the City. 4.28.2. The City shall have the right to demand and receive from the Contractor, before he shall receive final payment, final releases of lien executed by all persons, firms or corporations who have performed or furnished labor, services or materials, directly or indirectly, used in the Work. Likewise, as a condition to receiving any progress payment, the City may require the Contractor to furnish partial releases of lien executed by all persons, firms and corporations who have furnished labor, services or materials incorporated into the Work during the period of time for which the progress payment is due, releasing such lien rights those persons, firms or corporations may have for that period. 4.28.3. The Contractor warrants and guarantees that title to all Work, materials and equipment covered by an Application for Payment, whether incorporated in the Project or not, will have passed to PAGE 21 OF 92 BID No. 07-10-04