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I <br /> CITY OF EVERETT PUBLIC WORKS 00 72 13 <br /> ISPECIAL PROVISIONS GENERAL CONDITIONS <br /> total cost" calculation, in whole or in part, but instead agrees that any and all requests <br /> for compensation shall be based upon accurate, complete and contemporaneous cost <br /> records that 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 work for <br /> which additional compensation is sought. Claims for inefficiency shall only be based <br /> and calculated by a comparison of productivity of similar Work performed in an <br /> unaffected or least affected area of the Project. <br /> 2. No claim for consequential damages of any kind will be allowed. <br /> 9.6 Unabsorbed and Extended Overhead <br /> A. 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 to <br /> 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 be <br /> included in determining the ratio of the subject Project billings to overall Contractor <br /> 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 of <br /> days (as contractually defined) of Contract performance. The result is the Daily Rate of <br /> 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 Rate <br /> of Allocable Overhead by the number of days of project extension caused solely by the <br /> 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 that <br /> are being presented and resolved concurrently with the subject calculation for Unabsorbed <br /> and/or Extended Home Office Overhead. The necessary adjustment would be to reduce the <br /> Gross Amount of Additional Home Office Overhead Compensation by any additional <br /> 111, compensation for Overhead included in any direct cost claims being resolved concurrently <br /> with any claim for Extended and/or Unabsorbed Home Office Overhead. <br /> NB. Contractor shall not receive compensation for cost of use of equity capital. <br /> 9.7 Force Account <br /> A. 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 /> I <br /> Legion Golf Course Stormwater Detention Project November 28, 2017 <br /> ' WO#UP3620 00 72 13 -45 <br />