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CITY OF EVERETT SPECIAL PROVISIONS <br /> <br /> <br /> <br /> <br /> Division 1 <br />Everett Mall Bus Platform General Requirements December 2024 <br />WO No – MALLSTN/24462 SP-82 <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. <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 the <br />subject Project’s performance. The result is “Allocable Overhead.” Any additional <br />and unresolved direct cost claims presented by the Contractor concurrently with <br />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 <br />for the period of project performance. <br />2. Determining the daily amount of Allocable Overhead for the subject Project. This <br />is accomplished by dividing the Allocable Overhead for the subject Project by the <br />number of days, (as contractually defined) of Contract performance. The result is <br />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 project <br />extension caused solely by the City. This results in the Gross Amount of <br />Additional Home Office Overhead Compensation. <br />4. Adjusting the Gross Amount of Additional Home Office Overhead Compensation <br />for any additional contribution for Overhead received by the Contractor on any <br />Change Orders that are being presented and resolved concurrently with the <br />subject calculation for Unabsorbed and/or Extended Home Office Overhead. The <br />necessary adjustment would be to reduce the Gross Amount of Additional Home <br />Office Overhead Compensation by any additional compensation for Overhead <br />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 />1-09.5 Deleted or Terminated Work <br />Delete the first paragraph, beginning with “The Engineer may delete”, and the second <br />paragraph, 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 <br />terminate the Contract in whole or part as provided in 1-08.10(2) TERMINATION FOR <br />PUBLIC CONVENIENCE. When the Contract is partially terminated for the City’s <br />convenience, the partial termination shall be treated as a deductive Change Order for <br />payment purposes under this section. <br />Payment for completed items will be at contract unit prices or pursuant to the Schedule <br />of Values. <br />Delete the fourth paragraph, beginning with “Contract time shall be”, and the fifth paragraph, <br />beginning with “Acceptable materials ordered by”, and substitute the following: <br />Acceptable materials ordered by the Contractor prior to the date the Work was <br />terminated or deleted will either be purchased from the Contractor by the City at the <br />actual cost and shall become the property of the City, or the City will reimburse the <br />Contractor for the actual costs of returning these materials to the suppliers.