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<br />Order, submit to the City a written notice including a
<br />statement setting forth the general nature and
<br />monetary extent of such claim, and supporting data.
<br />
<br />1.57.5. No claim by the Vendor for an equitable adjustment
<br />hereunder shall be allowed if not submitted in
<br />accordance with this section or if asserted after final
<br />payment under this Contract.
<br />
<br />1.57.6. The value of any Work covered by a Change Order or
<br />of any claim for an increase or decrease in the
<br />Contract Price shall be determined in one of the
<br />following ways: by negotiated lump sum; or on the
<br />basis of the cost of the Work, determined as provided
<br />in this section, plus a mutually agreed upon fee to the
<br />Vendor and to cover overhead and profit.
<br />
<br />1.57.7. The term cost of the Work means the sum of all
<br />direct costs necessarily incurred and paid by the
<br />Vendor in the proper performance of the Work.
<br />Except as otherwise may be agreed to in writing by
<br />City, such costs shall be in amounts no higher than
<br />those prevailing in Miami-Dade City, shall include only
<br />the following items and shall not include any of the
<br />costs itemized hereunder.
<br />
<br />1.57.7.1.Payroll costs for employees in the direct
<br />employ of Vendor in the performance of the work
<br />described in the Change Order under schedules of job
<br />classifications agreed upon by City and Vendor.
<br />Payroll costs for employees not employed full time on
<br />the Work shall be apportioned on the basis of their
<br />time spent on the Work. Payroll costs shall be limited
<br />to: salaries and wages, plus the costs of fringe
<br />benefits which shall include social security
<br />contributions, unemployment, excise and payroll
<br />taxes, workers' compensation, health and retirement
<br />benefits, sick leave, vacation and holiday pay
<br />applicable thereto. Such employees shall include
<br />superintendents and foremen at the site. The
<br />expenses of performing Work after regular working
<br />hours, on Sunday or legal holidays shall be included
<br />in the above only if authorized by City.
<br />
<br />1.57.7.2.Cost of all materials and equipment
<br />furnished and incorporated in the Work, including
<br />costs of transportation and storage, and
<br />manufacturers' field services required in connection
<br />therewith. All cash discounts shall accrue to Vendor
<br />unless City deposits funds with Vendor with which to
<br />make payments in which case the cash discounts,
<br />shall accrue to the City. All trade discounts, rebates
<br />and refunds, and all returns from sale of surplus
<br />materials and equipment shall accrue to City, and
<br />Vendor shall make provisions so that they may be
<br />obtained.
<br />
<br />1.57.7.3.Payments made by Vendor to the Sub-
<br />Vendors for Work performed by Sub-Vendors. If
<br />required by City, Vendor shall obtain competitive Bids
<br />from Sub-Vendors acceptable to him and shall deliver
<br />such Bids to City who will then determine which Bids
<br />will be accepted. If a Subcontract provides that the
<br />Sub-Vendor is to be paid on the basis of Cost of Work
<br />plus a fee, the cost of the Work shall be determined
<br />in accordance with this section.
<br />
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<br />BID No. 11-05-02
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<br />1.57.7.4.Rentals of all construction equipment and
<br />machinery and the parts thereof whether rented from
<br />Vendor or others in accordance with rental
<br />agreements approved by City, and the costs of
<br />transportation, loading, unloading, installation,
<br />dismantling and removal thereof - all in accordance
<br />with terms of said rental agreements. The rental of
<br />any such equipment, machinery or parts shall cease
<br />when the use thereof is no longer necessary for the
<br />Work.
<br />
<br />1.57.7.5.Sales, use or similar taxes related to the
<br />Work, and for which Vendor is liable, imposed by any
<br />governmental authority.
<br />
<br />1.57.7.6.Payments and fees for permits and
<br />licenses. Costs for permits and licenses must be
<br />shown as a separate item.
<br />
<br />1.57.7.7.The cost of utilities, fuel and sanitary
<br />facilities at the site.
<br />
<br />1.57.7.8.Minor expenses such as telegrams, long
<br />distance telephone calls, telephone service at the site,
<br />expressage and similar petty cash items in connection
<br />with the Work.
<br />
<br />1.57.7.9.Cost of premiums for additional Bonds and
<br />Insurance required solely because of changes in the
<br />Work, not to exceed two percent (2%) of the
<br />increase in the Cost of the Work.
<br />
<br />1.57.8. The term Cost of the Work shall not include any of
<br />the following:
<br />
<br />1.57.8.1.Payroll costs and other compensation of
<br />Vendor's officers, executives, principals (of
<br />partnership and sole proprietorships), general
<br />managers, engineers, architects, estimators, lawyers,
<br />agents, expediters, timekeepers, clerks and other
<br />personnel employed by Vendor whether at the site or
<br />in his principal or a branch office for general
<br />administration of the Work and not specifically
<br />included in the schedule referred to in this document
<br />- all of which are to be considered administrative
<br />costs covered by the Vendor's fee.
<br />
<br />1.57.8.2.Expenses of Vendor's principal and branch
<br />offices other than his office at the site.
<br />
<br />1.57.8.3.Any part of Vendor's capital expenses,
<br />including interest on Vendor's capital employed for
<br />the Work and charges against Vendor for delinquent
<br />payments.
<br />
<br />1.57.8.4.Cost of premiums for all bonds and for all
<br />insurance policies whether or not Vendor is required
<br />by the Contract Documents to purchase and maintain
<br />the same (except as otherwise provided this
<br />document.
<br />
<br />1.57.8.5.Costs due to the negligence of Vendor, any
<br />Sub-Vendor, or anyone directly or indirectly employed
<br />by any of them of for whose acts any of them may be
<br />liable, including but not limited to, the correction of
<br />defective work, disposal of materials or equipment
<br />wrongly supplied and making good any damage to
<br />
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