2010 Construction and Material Specifications - Ohio Department of ...

2010 Construction and Material Specifications - Ohio Department of ... 2010 Construction and Material Specifications - Ohio Department of ...

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109.05 CP HOOP = home office overhead payment for an unanticipated construction period occurring between May 1 and November 30 The excusable, compensable delay term, D, is the additional, unanticipated extended period for work performed between May 1 and November 30 in Calendar Days. Winter Period (iii) Home Office Overhead Payment for an Unanticipated Calculate the payment for home office overhead for an unanticipated winter period occurring between December 1 and April 30 using the following formula: WP HOOP = Daily HOOP × F × D/E Where: D = sum of all excusable, compensable delays in Calendar Days minus the sum of all delays due to 108.06.D.1 and 108.06.D.4 in Calendar Days E = sum of all excusable, compensable delays in Calendar Days plus the sum of all excusable, non-compensable delays in Calendar Days F = 151 for a non leap year or 152 for a leap year Daily HOOP = daily home office overhead rate WP HOOP = home office overhead payment for an unanticipated winter period occurring between December 1 and April 30 Payment for Home Office Overhead for an unanticipated winter period will not be made when the value of the remaining work is below the lesser of $500,000.00 or 10% of the estimated final contract value. (iv) Total Home Office Overhead Payment Calculate the total home office overhead payment using the following formula: Total HOOP = CP HOOP + WP HOOP Where: CP HOOP = home office overhead payment for an unanticipated construction period occurring between May 1 and November 30 WP HOOP = home office overhead payment for an unanticipated winter period occurring between December 1 and April 30 Total HOOP = total home office overhead payment E. Changes in Materials Changes in material specifications that result in increased cost to the Contractor are compensated by lump sum adjustment to the reference number. The allowed compensation is equal to the invoice supported material cost increase plus 15 percent markup for profit and overhead. Material cost savings resulting from a specification change shall be credited to the project by a lump sum adjustment to the reference number plus a 15 percent markup if the originally specified material has not been ordered. 78

79 109.06 If the original material was ordered before the Contractor was informed of the change, the savings markup allowed is 2.5 percent in order to exclude profit on the original bid price and pay only for incurred overhead. 109.06 Directed Acceleration. The Engineer may order the Contractor to accelerate the Work to avoid delay costs or to complete the Project early. The Director and the Contractor will negotiate acceleration costs. 109.07 Inefficiency. The Department will compensate the Contractor for inefficiency or loss of productivity resulting from 104.02 Revisions to the Contract Documents. Use the Measured Mile analysis comparing the productivity of work impacted by a change to the productivity of similar work performed under unimpacted conditions to prove and quantify the inefficiency. 109.08 Unrecoverable Costs. The Contractor is not entitled to additional compensation for costs not specifically allowed or provided for in 109.05 including, but not limited to, the following: A. Loss of anticipated profit. B. Consequential damages, including loss of bonding capacity, loss of bidding opportunities, insolvency, and the effects of force account work on other projects, or business interruption. C. Indirect costs. D. Attorneys fees, claim preparation expenses, and the costs of litigation. 109.09 Estimates. If satisfactory progress is being made, the Contractor will receive monthly payments equaling the Work and materials in place. The monthly payment is approximate, and all partial estimates and payments are subject to correction in the Final Estimate and payment. Payment for Work and materials shall not, in any way, prevent later rejection when defective Work or material is discovered, or constitute acceptance under 109.11 or 109.12. The Department will not pay an estimate until the Contractor certifies to the Engineer that the work for which payment is being made was performed in accordance with the contract. Certification will be made on forms provided by the Department. The Department may pay estimates twice each month if the Engineer concludes the amount of work performed is sufficient. No estimate or payment shall be construed as acceptance of defective Work or improper materials. The Department will not pay the adjusted final estimate until the Contractor remedies all defective Work and accepted Work damaged by the Contractor’s operations. Interest will be paid in accordance with ORC 126.30 when warranted. 109.10 Payment for Delivered Materials. The Department will pay, up to 75 percent of the applicable contract item, for the invoiced cost of the delivered and approved materials before they are incorporated in the Work, if the approved

109.05<br />

CP HOOP = home <strong>of</strong>fice overhead payment for an unanticipated construction<br />

period occurring between May 1 <strong>and</strong> November 30<br />

The excusable, compensable delay term, D, is the additional,<br />

unanticipated extended period for work performed between May 1 <strong>and</strong> November<br />

30 in Calendar Days.<br />

Winter Period<br />

(iii) Home Office Overhead Payment for an Unanticipated<br />

Calculate the payment for home <strong>of</strong>fice overhead for an<br />

unanticipated winter period occurring between December 1 <strong>and</strong> April 30 using the<br />

following formula:<br />

WP HOOP = Daily HOOP × F × D/E<br />

Where:<br />

D = sum <strong>of</strong> all excusable, compensable delays in Calendar Days minus the<br />

sum <strong>of</strong> all delays due to 108.06.D.1 <strong>and</strong> 108.06.D.4 in Calendar Days<br />

E = sum <strong>of</strong> all excusable, compensable delays in Calendar Days plus the<br />

sum <strong>of</strong> all excusable, non-compensable delays in Calendar Days<br />

F = 151 for a non leap year or 152 for a leap year<br />

Daily HOOP = daily home <strong>of</strong>fice overhead rate<br />

WP HOOP = home <strong>of</strong>fice overhead payment for an unanticipated winter<br />

period occurring between December 1 <strong>and</strong> April 30<br />

Payment for Home Office Overhead for an unanticipated winter<br />

period will not be made when the value <strong>of</strong> the remaining work is below the lesser<br />

<strong>of</strong> $500,000.00 or 10% <strong>of</strong> the estimated final contract value.<br />

(iv) Total Home Office Overhead Payment<br />

Calculate the total home <strong>of</strong>fice overhead payment using the<br />

following formula:<br />

Total HOOP = CP HOOP + WP HOOP<br />

Where:<br />

CP HOOP = home <strong>of</strong>fice overhead payment for an unanticipated construction<br />

period occurring between May 1 <strong>and</strong> November 30<br />

WP HOOP = home <strong>of</strong>fice overhead payment for an unanticipated winter<br />

period occurring between December 1 <strong>and</strong> April 30<br />

Total HOOP = total home <strong>of</strong>fice overhead payment<br />

E. Changes in <strong>Material</strong>s<br />

Changes in material specifications that result in increased cost to the<br />

Contractor are compensated by lump sum adjustment to the reference number. The<br />

allowed compensation is equal to the invoice supported material cost increase plus<br />

15 percent markup for pr<strong>of</strong>it <strong>and</strong> overhead.<br />

<strong>Material</strong> cost savings resulting from a specification change shall be credited<br />

to the project by a lump sum adjustment to the reference number plus a 15 percent<br />

markup if the originally specified material has not been ordered.<br />

78

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