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CITY OF EVERETT SPECIAL PROVISIONS <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 /> Gross Amount of Additional Home Office Overhead Compensation by any <br /> additional compensation for Overhead included in any direct cost claims <br /> being resolved concurrently with any claim for Extended and/or Unabsorbed <br /> 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", and the fifth paragraph, <br /> beginning with "Acceptable Materials", 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. <br /> If Contractor disagrees with the adjustment of Contract Sum determined by the City's <br /> Representative, Contractor may submit a Contract Claim for the difference between the <br /> amount determined by the City's Representative and the amount sought by the <br /> Contractor. <br /> Contractor shall not be entitled to any anticipated profits on deleted, terminated, or <br /> uncompleted Work will be allowed. <br /> Wetmore Ave Stormwater Bypass Division 1 —GENERAL REQUIREMENTS August, 2018 <br /> WO No—UP3704 SP—1-106 <br />