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the Work, under this Contract, whether or not
<br />changed by any order, an equitable adjustment shall
<br />be made and the Contract modified in writing
<br />accordingly.
<br />1.57.4. If the Contractor intends to assert a claim for an
<br />equitable adjustment under this clause, he must,
<br />within ten (10) days after receipt of a written Change
<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 />1.57.5. No claim by the Contractor for an equitable
<br />adjustment hereunder shall be allowed if not
<br />submitted in accordance with this section or if
<br />asserted after final payment under this Contract.
<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 />Contractor and to cover overhead and profit.
<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 />Contractor 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 County, shall include
<br />only the following items and shall not include any of
<br />the costs itemized hereunder.
<br />1.57.7.1. Payroll costs for employees in the direct
<br />employ of Contractor in the performance of the work
<br />described in the Change Order under schedules of job
<br />classifications agreed upon by City and Contractor.
<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 />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
<br />Contractor unless City deposits funds with Contractor
<br />with which to make payments in which case the cash
<br />discounts, shall accrue to the City. All trade
<br />discounts, rebates and refunds, and all returns from
<br />sale of surplus materials and equipment shall accrue
<br />to City, and Contractor shall make provisions so that
<br />they may be obtained.
<br />1.57.7.3. Payments made by Contractor to the Sub -
<br />Contractors for Work performed by Sub - Contractors.
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<br />BID No. 11 -01 -01
<br />If required by City, Contractor shall obtain
<br />competitive Bids from Sub - Contractors acceptable to
<br />him and shall deliver such Bids to City who will then
<br />determine which Bids will be accepted. If a
<br />Subcontract provides that the Sub - Contractor is to be
<br />paid on the basis of Cost of Work plus a fee, the cost
<br />of the Work shall be determined in accordance with
<br />this section.
<br />1.57.7.4. Rentals of all construction equipment and
<br />machinery and the parts thereof whether rented from
<br />Contractor 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 />1.57.7.5. Sales, use or similar taxes related to the
<br />Work, and for which Contractor is liable, imposed by
<br />any governmental authority.
<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 />1.57.7.7.The cost of utilities, fuel and sanitary
<br />facilities at the site.
<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 />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 />1.57.8. The term Cost of the Work shall not include any of
<br />the following:
<br />1.57.8.1. Payroll costs and other compensation of
<br />Contractor'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 Contractor whether at the site
<br />or 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 Contractor's fee.
<br />1.57.8.2. Expenses of Contractor's principal and
<br />branch offices other than his office at the site.
<br />1.57.8.3.Any part of Contractor's capital expenses,
<br />including interest on Contractor's capital employed for
<br />the Work and charges against Contractor for
<br />delinquent payments.
<br />1.57.8.4.Cost of premiums for all bonds and for all
<br />insurance policies whether or not Contractor is
<br />required by the Contract Documents to purchase and
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