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CITY OF EVERETT SPECIAL PROVISIONS <br /> any Contract Claim or request by the Contractor for adjustment of Contract <br /> Sum for such costs or 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 /> 1 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 <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 /> SEWER SYSTEM REPLACEMENT AND CAPACITY IMPROVEMENTS SEWER"M" PHASE II <br /> WO No. - UP3470-10 Division 1 - GENERAL REQUIREMENTS April 2016 <br /> SP - 133 <br /> I <br />