Laserfiche WebLink
expenses of Contractor; (b)alleged lost profit or Overhead on any other project; and(c) <br /> Contractor's failure or inability to obtain other work. <br /> b. No Contract Claim for adjustment of Contract Sum or additional compensation for <br /> extra,affected, impacted or inefficient Work will be allowed where the Contractor does <br /> not keep and maintain contemporaneous, complete and accurate time records for labor <br /> and equipment and contemporaneous, complete and accurate records for materials and <br /> where such records do not contemporaneously segregate and allocate by time, location <br /> and work the time and costs for each item or element of such work. Contractor's failure <br /> to keep and maintain such records constitutes a waiver of any Contract Claim or request <br /> by the Contractor for adjustment of Contract Sum for such costs or event. <br /> c. To the extent the Contractor is entitled to an adjustment of Contract Sum due to any <br /> Delay or extension of Contract Time, Contractor shall be compensated as provided in <br /> 12.4 Remedies. Such compensation shall be full,adequate and complete compensation <br /> for all direct, indirect, cumulative, inefficiency, impact and ripple costs causing, arising <br /> out of, or relating to such delays or extension. <br /> d. Contractor and Owner agree that compensation to the Contractor for a Contract Claim <br /> shall not exceed the Contractor's costs based upon Force Account as described in 9.7. <br /> Force Account. Contractor waives, releases, and agrees not to submit any request for <br /> adjustment of Contract Sum or Contract Claim based upon a"total cost" or "modified <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 111the 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 /> PROCESS WATER PUMP STATION 06/13/2017 1 <br /> WO-3647 00 72 13 - 44 <br /> 1 <br />