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<br />1.57.3. If any change order under this clause <br />causes an increase or decrease in the <br />Contractor's cost of, or the time required <br />for, the performance of any part of the <br />Work, under this Contract, whether or not <br />changed by any order, an equitable <br />adjustment shall be made and the Contract <br />modified in writing accordingly. <br /> <br />contributions, unemployment, <br />excise and payroll taxes, workers' <br />compensation, health and <br />retirement benefits, sick leave, <br />vacation and holiday pay <br />applicable thereto. Such <br />employees shall include <br />superintendents and foremen at <br />the site. The expenses of <br />performing Work after regular <br />working hours, on Sunday or <br />legal holidays shall be included in <br />the above only if authorized by <br />City. <br /> <br />1.57.2. Except as herein provided, no order, <br />statement, or conduct of the City shall be <br />treated as a change under this clause or <br />entitle the Contractor to an equitable <br />adjustment hereunder. <br /> <br />1.57.4. If the Contractor intends to assert a claim <br />for an equitable adjustment under this <br />clause, he must, within ten (10) days after <br />receipt of a written Change Order, submit <br />to the City a written notice including a <br />statement setting forth the general nature <br />and monetary extent of such claim, and <br />supporting data. <br /> <br />1.57.7.2.Cost of all materials and <br />equipment furnished and <br />incorporated in the Work, <br />including costs of transportation <br />and storage, and manufacturers' <br />field services required in <br />connection therewith. All cash <br />discounts shall accrue to <br />Contractor unless City deposits <br />funds with Contractor with which <br />to make payments in which case <br />the cash discounts, shall accrue <br />to the City. All trade discounts, <br />rebates and refunds, and all <br />returns from sale of surplus <br />materials and equipment shall <br />accrue to City, and Contractor <br />shall make provisions so that <br />they may be obtained. <br /> <br />1.57.5. No claim by the Contractor for an equitable <br />adjustment hereunder shall be allowed if <br />not submitted in accordance with this <br />section or if asserted after final payment <br />under this Contract. <br /> <br />1.57.6. The value of any Work covered by a <br />Change Order or of any claim for an <br />increase or decrease in the Contract Price <br />shall be determined in one of the following <br />ways: by negotiated lump sum; or on the <br />basis of the cost of the Work, determined <br />as provided in this section, plus a mutually <br />agreed upon fee to the Contractor and to <br />cover overhead and profit. <br /> <br />1.57.7. The term cost of the Work means the sum <br />of all direct costs necessarily incurred and <br />paid by the Contractor in the proper <br />performance of the Work. Except as <br />otherwise may be agreed to in writing by <br />City, such costs shall be in amounts no <br />higher than those prevailing in Miami-Dade <br />County, shall include only the following <br />items and shall not include any of the costs <br />itemized hereunder. <br /> <br />1.57.7.3.Payments made by Contractor to <br />the Sub-Contractors for Work <br />performed by Sub-Contractors. <br />If required by City, Contractor <br />shall obtain competitive <br />proposals from Sub-Contractors <br />acceptable to him and shall <br />deliver such proposals to City <br />who will then determine which <br />Proposals will be accepted. If a <br />Subcontract provides that the <br />Sub-Contractor is to be paid on <br />the basis of Cost of Work plus a <br />fee, the cost of the Work shall be <br />determined in accordance with <br />this section. <br /> <br />1.57.7.1.Payroll costs for employees in the <br />direct employ of Contractor in the <br />performance of the work <br />described in the Change Order <br />under schedules of job <br />classifications agreed upon by <br />City and Contractor. Payroll costs <br />for employees not employed full <br />time on the Work shall be <br />apportioned on the basis of their <br />time spent on the Work. Payroll <br />costs shall be limited to: salaries <br />and wages, plus the costs of <br />fringe benefits which shall <br />include social security <br /> <br />1.57.7.4.Rentals of all construction <br />equipment and machinery and <br />the parts thereof whether rented <br />from Contractor or others in <br />accordance with rental <br />agreements approved by City, <br />and the costs of transportation, <br />loading, unloading, installation, <br />dismantling and removal thereof <br />- all in accordance with terms of <br />said rental agreements. The <br />rental of any such equipment, <br />machinery or parts shall cease <br />when the use thereof is no <br />longer necessary for the Work. <br /> <br />PAGE 13 OF 105 <br />PROPOSAL No. <br />