Laserfiche WebLink
1 <br /> d. Contractor and Owner agree that compensation to the Contractor for a Contract Claim shall not <br /> exceed the Contractor's costs based upon Force Account as described in 9.7. Force Account. <br /> Contractor waives, releases, and agrees not to submit any request for adjustment of Contract <br /> Sum or Contract Claim based upon a "total cost" or"modified total cost" calculation, in whole <br /> or in part, but instead agrees that any and all requests for compensation shall be based upon <br /> accurate, complete and contemporaneous cost records that segregate and allocate costs (a) <br /> between base Contract Work and the work for which additional compensation is sought and (b) <br /> between each item of work for which additional compensation is sought. Claims for inefficiency <br /> shall only be based and calculated by a comparison of productivity of similar Work performed in <br /> an unaffected or least affected area of the Project. <br /> 2. No claim for consequential damages of any kind will be allowed. <br /> F. UNABSORBED AND EXTENDED OVERHEAD <br /> A. Any Extended or Unabsorbed Overhead to which the Contractor may be entitled shall be calculated using <br /> the Eichleay formula by: <br /> 1. Determining the pro-rata amount of Overhead allocable to the subject project. This is accomplished <br /> by multiplying Overhead costs by the ratio of the subject project's billings to the Contractor's overall <br /> billings during the overall period of the subject Project's performance. The result is "Allocable <br /> Overhead." <br /> a. Any additional and unresolved direct cost claims presented by the Contractor concurrently with <br /> any request for Extended and/or Unabsorbed Overhead shall not be included in determining the <br /> ratio of the subject Project billings to overall Contractor billings for the period of project <br /> performance. <br /> 2. Determining the daily amount of Allocable Overhead for the subject Project. This is accomplished by <br /> dividing the Allocable Overhead for the subject Project by the number of days (as contractually <br /> defined)of Contract performance. The result is the Daily Rate of Allocable Overhead. <br /> 3. Determining the gross amount of potential additional compensation for Home Office Overhead due to <br /> the project extension. This is accomplished by multiplying the Daily Rate of Allocable Overhead by <br /> the number of days of project extension caused solely by the Owner. This results in the Gross <br /> Amount of Additional Home Office Overhead Compensation. <br /> 4. Adjusting the Gross Amount of Additional Home Office Overhead Compensation for any additional <br /> contribution for Overhead received by the Contractor on any Change Orders that are being presented <br /> and resolved concurrently with the subject calculation for Unabsorbed and/or Extended Home Office <br /> Overhead. The necessary adjustment would be to reduce the Gross Amount of Additional Home <br /> Office Overhead Compensation by any additional compensation for Overhead included in any direct <br /> cost claims being resolved concurrently with any claim for Extended and/or Unabsorbed Home Office <br /> Overhead. <br /> B. Contractor shall not receive compensation for cost of use of equity capital. <br /> G. FORCE ACCOUNT <br /> A. If Work or materials are to be paid for by Force Account, payment amounts will be determined and I <br /> Contractor shall contemporaneously prepare, keep and maintain records segregated and allocated by time, <br /> location and item of Work in compliance with this subsection. Such records must be contemporaneously <br /> countersigned by the Owner or the Owner's Representative (or its designee). Any records not <br /> countersigned by the Owner or Owner's Representative shall be excluded from the calculation of payment <br /> under this subsection. <br /> 111 <br /> 10023829 City of Everett Public Works July 2018 <br /> WPCF FEN Chlorination Building Upgrade Work Order 3614 <br /> GENERAL CONDITIONS <br /> 00 72 13-42 Issue for Bid <br />