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CITY OF EVERETT SPECIAL PROVISIONS <br /> <br />Water Main Replacement “Y” – Ph 2 Div 1 – GEN REQUIREMENTS October 2025 <br />Work Order No. UP 3814 SP-123 <br />Category 2: Sensitive information <br />Category 2: For official use only / disclosure permissible by law. <br />accurate time records for labor and equipment and contemporaneous, <br />complete and accurate records for materials and where such records do not <br />contemporaneously segregate and allocate by time, location and Work the time <br />and costs for each item or element of such Work. Contractor’s failure to keep <br />and maintain such records constitutes a waiver of any Contract Claim or <br />request by the Contractor for adjustment of Contract Sum for such costs or <br />event. <br />3. To the extent the Contractor is entitled to an adjustment of Contract Sum due <br />to any Delay or extension of Contract Time, Contractor shall be compensated <br />as provided in 1-09.11A REMEDIES. Such compensation shall be full, <br />adequate, and complete compensation for all direct, indirect, cumulative, <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 for <br />which additional compensation is sought and (b) between each item of Work <br />for which additional compensation is sought. Claims for inefficiency shall only <br />be based and calculated by a comparison of productivity of similar Work <br />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 shall <br />not 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. <br />This is accomplished by dividing the Allocable Overhead for the subject Project <br />by the number of days, (as contractually defined) of Contract performance. The <br />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