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I <br /> CITY OF EVERETT SPECIAL PROVISIONS <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 /> 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 /> 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 /> Watermain Replacement "T" Division 1 —GENERAL REQUIREMENTS October 10, 2018 <br /> WO No—UP3684 SP—113 <br />