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Section 00 72 00 GENERAL CONDITIONS <br /> <br />City of Everett 00 72 00-39 June 2024 <br />WFP Air Scour Blower Building Replacement Issued for Bid <br />UP3813 <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 contemporaneous <br />cost records that segregate and allocate actual costs (a) between base Contract Work and <br />the work for which additional compensation is sought and (b) between each item of work <br />for which additional compensation is sought. Claims for inefficiency shall only be based on <br />and calculated by a comparison of productivity of similar Work performed in an unaffected <br />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 <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 billings <br />to the Contractor’s overall billings during the overall period of the subject Project’s <br />performance. The result is “Allocable Overhead.” <br />a. Any additional and unresolved direct cost claims presented by the Contractor <br />concurrently with any request for Extended and/or Unabsorbed Overhead shall not <br />be included in determining the ratio of the subject Project billings to overall <br />Contractor billings for the 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 Rate <br />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 by <br />the Owner. 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 any <br />additional contribution for Overhead received by the Contractor on any Change Orders <br />that are being presented and resolved concurrently with the subject calculation for <br />Unabsorbed and/or Extended Home Office Overhead. The necessary adjustment would <br />be to reduce the Gross Amount of Additional Home Office Overhead Compensation by <br />any additional compensation for Overhead included in any direct cost claims being <br />resolved concurrently with any claim for Extended and/or Unabsorbed Home Office <br />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 <br />and Contractor shall contemporaneously prepare, keep and maintain records segregated and <br />allocated by time, location and item of Work in compliance with this subsection. Such records <br />must be contemporaneously countersigned by the Owner or the Owner’s Representative (or its <br />designee). Any records not countersigned by the Owner or Owner’s Representative shall be <br />excluded from the calculation of payment under this subsection. <br />The payments provided for herein shall be full payment for all Work done on a Force Account <br />basis. The payment shall be deemed to cover all expenses of every nature, kind, and