IO Environmental and Infrastructure Inc Smith Street Cleanup and Fill Project

City of Everett 00 72 00 -46 3600 Smith Street Clean Up Contractor shall only be entitled to an adjustment of Contract Sum for Unabsorbed or Extended Overhead if it clearly and convincingly demonstrates all of the following: 1. The Owner solely caused a delay to the Completion Date as measured by analysis of the project duration by the critical path method pursuant to 5.2.2.2 Extensions of Contract Time; 2. Because of the Delay described in subsection (A),the Contractor was forced to suspend or significantly interrupt its performance so that it was on standby or idled, and the Owner required the Contractor to be ready to resume performance on short notice. Extended time of performance of Work, such as extensions caused by changes, inefficiencies, or Extra Work, does not constitute suspension or significant interruption of performance. 3. The Contractor could not and did not use resources, including but not limited to labor,materials and equipment, standing by or idled on this or any other project for any work during the period of delay; 4. The Contractor's Overhead costs did not materially vary from its usual seasonal Overhead costs during the period of delay; and 5. The Delay did not cause Overabsorbed Overhead in the period in which the delayed Work was completed. 12.4.3.5.2.1 Resources To demonstrate the Contractor could not and did not use resources, including but not limited to labor, materials and equipment from this Project for any other work on this or any other project during the period of delay(12.4.3.5.2.(3)),the Contractor must: a. Affirmatively represent and warrant that it did not perform substitute Work; b. Identify the specific resources that were idled; and c. Show that those resources did not, and could not, work on other contracts or projects during the Delay. 12.4.3.5.2.2 No Material Variations ' To demonstrate the Contractor's Overhead costs did not materially vary from its usual seasonal Overhead costs during the period of delay(12.4.3.5.2.(4)),the Contractor must; a. Affirmatively represent and warrant that the completion of the subject Work was extended and that such extension prevented the performance of other work during both the period of delay and the later period of time required to complete the extended Work, b. Disclose the details of Contractor generated billings and Contractor Overhead Costs (as hereinafter defined)throughout the actual project performance. The details of such information should be no less than specific identification of the sources and amounts of revenue on no greater than a monthly basis and specific identification of the types and amounts of Contractor Overhead Costs on no greater than a monthly basis for the actual Project duration. 12.4.3.5.2.3 Overabsorbed Overhead To demonstrate that it did not incur Overabsorbed Overhead in the period following the Delay (12.4.3.5.2.(5)),the Contractor must: ' a. Affirmatively represent and warrant that completion of the delayed Work prevented the performance of other work; b. Identify the critical resource unavailable for other work due to completion of the delayed Contract; and c. Showing that unavailability of this critical resource precluded the performance of other work. ' 00 72 00 -46 GENERAL CONDITIONS