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I <br /> CITY OF EVERETT SPECIAL PROVISIONS <br /> 111 <br /> by the Contract Documents. Costs and damages for which the City shall not be <br /> liable under any circumstances include, but are not limited to: (a) borrowing or <br /> interest costs, charges, or expenses of Contractor; (b) alleged lost profit or <br /> overhead on any other project; and (c) Contractor's failure or inability to obtain <br /> other work. <br /> 2 No Contract Claim for adjustment of Contract Sum or additional compensation <br /> for extra, affected, impacted or inefficient work will be allowed where the <br /> Contractor does not keep and maintain contemporaneous, complete and <br /> accurate time records for labor and equipment and contemporaneous, <br /> complete and accurate records for materials and where such records do not <br /> contemporaneously segregate and allocate by time, location and Work the time <br /> and costs for each item or element of such Work. Contractor's failure to keep <br /> and maintain such records constitutes a waiver of any Contract Claim or <br /> request by the Contractor for adjustment of Contract Sum for such costs or <br /> event. <br /> 3. To the extent the Contractor is entitled to an adjustment of Contract Sum due 111 <br /> to any Delay or extension of Contract Time, Contractor shall be compensated <br /> as provided in 1-09.11A REMEDIES. Such compensation shall be full, <br /> adequate and complete compensation for all direct, indirect, cumulative, <br /> inefficiency, impact and ripple costs causing, arising out of, or relating to such <br /> Delays or extension. <br /> 4. Contractor and City agree that compensation to the Contractor for a Contract I <br /> Claim shall not exceed the Contractor's costs based upon Force Account as <br /> described in 1-09.6 FORCE ACCOUNT, Contractor waives, releases, and <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 for <br /> which additional compensation is sought and (b) between each item of Work <br /> for which additional compensation is sought. Claims for inefficiency shall only <br /> be based and calculated by a comparison of productivity of similar Work <br /> 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 /> (******) <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 shall <br /> not be included in determining the ratio of the subject Project billings to overall <br /> 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 Project <br /> Cleveland Avenue Division 1 —GENERAL REQUIREMENTS November 2018 <br /> Sewer System Replacement and <br /> Storm Water Separation <br /> WO No. UP3398 SP-130 1 <br />