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CITY OF EVERETT SPECIAL PROVISIONS <br /> 4. Contractor and City agree that compensation to the Contractor for a Contract Claim <br /> shall not exceed the Contractor's costs based upon Force Account as described in 1- <br /> ' 09.6 FORCE ACCOUNT. Contractor waives, releases, and agrees not to submit any <br /> request for adjustment of Contract Sum or Contract Claim based upon a "total cost" or <br /> "modified total cost" calculation, in whole or in part, but instead agrees that any and all <br /> ' requests for compensation shall be based upon accurate, complete and <br /> contemporaneous cost records that segregate and allocate costs (a) between base <br /> Contract work and the Work for which additional compensation is sought and (b) <br /> between each item of Work for which additional compensation is sought. Claims for <br /> ' inefficiency shall only be based and calculated by a comparison of productivity of <br /> similar Work performed in an unaffected or least affected area of the Project. <br /> 5. No claim for consequential damages of any kind will be allowed. <br /> ' 1-09.4(2) Unabsorbed and Extended Overhead <br /> (******) <br /> Any Extended or Unabsorbed Overhead to which the Contractor may be entitled shall be <br /> ' calculated using the Eichleay formula by: <br /> 1. Determining the pro-rata amount of Overhead allocable to the subject project. This is <br /> accomplished by multiplying Overhead costs by the ratio of the subject project's <br /> ' billings to the Contractor's overall billings during the overall period of the subject <br /> Project's performance. The result is "Allocable Overhead." Any additional and <br /> unresolved direct cost claims presented by the Contractor concurrently with any <br /> ' request for Extended and/or Unabsorbed Overhead shall not be included in <br /> determining the ratio of the subject Project billings to overall Contractor billings for the <br /> period of project performance. <br /> ' 2. Determining the daily amount of Allocable Overhead for the subject Project. This is <br /> accomplished by dividing the Allocable Overhead for the subject Project by the number <br /> of days, (as contractually defined) of Contract performance. The result is the Daily <br /> ' Rate of Allocable Overhead. <br /> 3. Determining the gross amount of potential additional compensation for Home Office <br /> Overhead due to the project extension. This is accomplished by multiplying the Daily <br /> Rate of Allocable Overhead by the number of days of project extension caused solely <br /> ' by the City. This results in the Gross Amount of Additional Home Office Overhead <br /> Compensation. <br /> 4. Adjusting the Gross Amount of Additional Home Office Overhead Compensation for <br /> ' any additional contribution for Overhead received by the Contractor on any Change <br /> Orders that are being presented and resolved concurrently with the subject calculation <br /> for Unabsorbed and/or Extended Home Office Overhead. The necessary adjustment <br /> ' would be to reduce the Gross Amount of Additional Home Office Overhead <br /> Compensation by any additional compensation for Overhead included in any direct <br /> cost claims being resolved concurrently with any claim for Extended and/or <br /> ' Unabsorbed Home Office Overhead. <br /> Contractor shall not receive compensation for cost of use of equity capital. <br /> 1-09.5 Deleted or Terminated Work <br /> ' Delete the first paragraph, beginning with "The Engineer may delete", and the second paragraph, <br /> beginning with "Payment for completed items", and substitute the following: <br /> The City's Representative may delete Work as provided in 1-04.4 CHANGES or may terminate <br /> the Contract in whole or part as provided in 1-08.10(2) TERMINATION FOR PUBLIC <br /> CONVENIENCE. When the Contract is partially terminated for the City's convenience, the partial <br /> ' SEI to SRI Intertie, SRO8 Rehab Division 1 -GENERAL REQUIREMENTS WO No.-UP3714 <br /> SP-105 <br />