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CITY OF EVERETT SPECIAL PROVISIONS <br /> <br />Water Main Replacement “Y” – Ph 1 Div 1 – GENERAL REQMTS March 2024 <br />Work Order No. UP 3814 SP-123 <br />inefficiency, impact and ripple costs causing, arising out of, or relating to such <br />Delays or extension. <br />4. Contractor and City agree that compensation to the Contractor for a Contract <br />Claim shall not exceed the Contractor’s costs based upon Force Account as <br />described in 1-09.6 FORCE ACCOUNT. Contractor waives, releases, and <br />agrees not to submit any request for adjustment of Contract Sum or Contract <br />Claim based upon a “total cost” or “modified total cost” calculation, in whole or <br />in part, but instead agrees that any and all requests for compensation shall be <br />based upon accurate, complete and contemporaneous cost records that <br />segregate and allocate costs (a) between base Contract work and the Work <br />for which additional compensation is sought and (b) between each item of <br />Work for which additional compensation is sought. Claims for inefficiency <br />shall only be based and calculated by a comparison of productivity of similar <br />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 <br />be calculated using the Eichleay formula by: <br />1. Determining the pro-rata amount of Overhead allocable to the subject project. <br />This is accomplished by multiplying Overhead costs by the ratio of the subject <br />project’s billings to the Contractor’s overall billings during the overall period of <br />the subject Project’s performance. The result is “Allocable Overhead.” Any <br />additional and unresolved direct cost claims presented by the Contractor <br />concurrently with any request for Extended and/or Unabsorbed Overhead <br />shall not be included in determining the ratio of the subject Project billings to <br />overall Contractor billings for the period of project performance. <br />2. Determining the daily amount of Allocable Overhead for the subject Project. <br />This is accomplished by dividing the Allocable Overhead for the subject <br />Project by the number of days, (as contractually defined) of Contract <br />performance. The result is the Daily Rate of Allocable Overhead. <br />3. Determining the gross amount of potential additional compensation for Home <br />Office Overhead due to the project extension. This is accomplished by <br />multiplying the Daily Rate of Allocable Overhead by the number of days of <br />project extension caused solely by the City. This results in the Gross Amount <br />of Additional Home Office Overhead Compensation. <br />4. Adjusting the Gross Amount of Additional Home Office Overhead <br />Compensation for any additional contribution for Overhead received by the <br />Contractor on any Change Orders that are being presented and resolved <br />concurrently with the subject calculation for Unabsorbed and/or Extended <br />Home Office Overhead. The necessary adjustment would be to reduce the <br />Gross Amount of Additional Home Office Overhead Compensation by any <br />additional compensation for Overhead included in any direct cost claims <br />being resolved concurrently with any claim for Extended and/or Unabsorbed <br />Home Office Overhead. <br />Contractor shall not receive compensation for cost of use of equity capital. <br />Supplement 1-09.4 by adding the following: <br />1-09.4(3) COVID-19 Equitable Adjustments <br />Contractor’s Bid includes all costs necessary for the duration of the Work for <br />compliance with COVID-19 Requirements. Contractor’s Bid takes into account that