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i <br /> City of Everett 00 72 00 - 39 <br /> Water Filter Plant Portal 4 Improvements WO# 3755 <br /> 4. Contractor and Owner agree that compensation to the Contractor for a Contract Claim shall not <br /> exceed the Contractor's actual costs based upon Force Account as described in 9.6.FORCE <br /> ACCOUNT. Contractor waives,releases,and agrees not to submit any request for adjustment of <br /> Contract Sum or Contract Claim based upon a"total cost"or"modified total cost"calculation,in <br /> whole or in part,but instead agrees that any and all requests for compensation shall be based upon <br /> accurate,complete and contemporaneous cost records that segregate and allocate actual costs(a) <br /> between base 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 inefficiency <br /> shall only be based on and calculated by a comparison of productivity of similar Work performed in <br /> an unaffected or least affected area of the Project. <br /> 5. No claim for consequential damages of any kind will be allowed. <br /> 9.5.3 Unabsorbed and Extended Overhead <br /> Any Extended or Unabsorbed Overhead to which the Contractor may be entitled shall be calculated using <br /> 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 billings to the <br /> Contractor's overall billings during the overall period of the subject Project's performance.The <br /> result is"Allocable Overhead." <br /> 1 <br /> 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 <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 of days <br /> (as contractually defined)of Contract performance. The result is the Daily Rate of Allocable <br /> Overhead. <br /> 3. Determining the gross amount of potential additional compensation for Home Office Overhead <br /> due to the project extension. This is accomplished by multiplying the Daily Rate of Allocable <br /> Overhead by the number of days of project extension caused solely by the Owner. This results in <br /> �- the Gross Amount of Additional Home Office Overhead Compensation. <br /> 4. Adjusting the Gross Amount of Additional Home Office Overhead Compensation for any <br /> additional contribution for Overhead received by the Contractor on any Change Orders that are <br /> being presented and resolved concurrently with the subject calculation for Unabsorbed and/or <br /> Extended Home Office Overhead. The necessary adjustment would be to reduce the Gross <br /> Amount of Additional Home Office Overhead Compensation by any additional compensation for <br /> Overhead included in any direct cost claims being resolved concurrently with any claim for <br /> Extended and/or Unabsorbed Home Office Overhead. <br /> Contractor shall not receive compensation for cost of use of equity capital. <br /> 9.6. FORCE ACCOUNT <br /> If Work or materials are to be paid for by Force Account,payment amounts will be determined and <br /> Contractor shall contemporaneously prepare,keep and maintain records segregated and allocated by time, <br /> location and item of Work in compliance with this subsection. Such records must be contemporaneously <br /> countersigned by the Owner or the Owner's Representative(or its designee). Any records not <br /> countersigned by the Owner or Owner's Representative shall be excluded from the calculation of payment <br /> under this subsection. <br /> I <br /> 00 72 00 - 39 GENERAL CONDITIONS <br />