Merrell Bros Inc. 2/1/2021 - Laserfiche WebLink

City of Everett 00 7200 - 35 2021 Biosolids and Backwash Solids Removal UT 3752-1 / 20 1. Except as otherwise expressly provided,Contractor will only be paid for costs it clearly and convincingly proves it actually and directly incurred,and shall not include consequential or indirect damages not otherwise expressly permitted by the Contract Documents. Costs and damages for which Owner shall not be liable under any circumstances include,but are not limited to: (a) borrowing or interest costs,charges,or expenses of Contractor; (b)alleged lost profit or Overhead on any other project; and(c)Contractor's failure or inability to obtain other work. 2. No Contract Claim for adjustment of Contract Sum or additional compensation for extra,affected, impacted or inefficient Work will be allowed where the Contractor does not keep and maintain contemporaneous,complete and accurate time records for labor and equipment and contemporaneous,complete and accurate records for materials and where such records do not contemporaneously segregate and allocate by time, location and work the time and costs for each item or element of such work. Contractor's failure to keep and maintain such records constitutes a waiver of any Contract Claim or request by the Contractor for adjustment of Contract Sum for such costs or event. 3. To the extent the Contractor is entitled to an adjustment of Contract Sum due to any Delay or extension of Contract Time,Contractor shall be compensated as provided in 12.4 REMEDIES. Such compensation shall be full,adequate and complete compensation for all direct,indirect, cumulative, inefficiency,impact and ripple costs causing, arising out of, or relating to such delays or extension. 4. Contractor and Owner agree that compensation to the Contractor for a Contract Claim shall not exceed the Contractor's costs based upon Force Account as described in 9.6.FORCE ACCOUNT. Contractor waives,releases, and agrees not to submit any request for adjustment of Contract Sum or Contract Claim based upon a"total cost"or"modified total cost"calculation,in whole or in part, but instead agrees that any and all requests for compensation shall be based upon accurate, complete and contemporaneous cost records that segregate and allocate costs(a)between base Contract Work and the work for which additional compensation is sought and(b)between each item of work for which additional compensation is sought. Claims for inefficiency shall only be based and calculated by a comparison of productivity of similar Work performed in an unaffected or least affected area of the Project. 5. No claim for consequential damages of any kind will be allowed. 9.5.3 Unabsorbed and Extended Overhead Any Extended or Unabsorbed Overhead to which the Contractor may be entitled shall be calculated using the Eichleay formula by: 1. Determining the pro-rata amount of Overhead allocable to the subject project. This is accomplished by multiplying Overhead costs by the ratio of the subject project's billings to the Contractor's overall billings during the overall period of the subject Project's performance. The result is"Allocable Overhead." a. Any additional and unresolved direct cost claims presented by the Contractor concurrently with any request for Extended and/or Unabsorbed Overhead shall not be included in determining the ratio of the subject Project billings to overall Contractor billings for the period of project performance. 2. Determining the daily amount of Allocable Overhead for the subject Project. This is accomplished by dividing the Allocable Overhead for the subject Project by the number of days (as contractually defined) of Contract performance. The result is the Daily Rate of Allocable Overhead. 3. Determining the gross amount of potential additional compensation for Home Office Overhead due to the project extension. This is accomplished by multiplying the Daily Rate of Allocable 00 7200 - 35 GENERAL CONDITIONS