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City of Everett 00 72 00 - 39 <br />Port Gardner Storage Facility - Demolition Package WO# UP-3525 <br />00 72 00 - 39 GENERAL CONDITIONS <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 />a. Any additional and unresolved direct cost claims presented by the Contractor concurrently <br />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.