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CITY OF EVERETT SPECIAL PROVISIONS <br /> 1-09.11A(3)E2 Adjustment of Contract Time <br /> The Contractor shall be entitled to an adjustment of Contract Time for any Delay <br /> ' concurrently caused by a third party and the City, but only to the extent <br /> Contractor clearly and convincingly demonstrates that the City caused the <br /> Delay to be longer than it would have been had it been caused solely by the <br /> third party. <br /> 1-09.11A(4) Extended or Unabsorbed Overhead <br /> 1-09.11A(4)A General <br /> To present a request for additional compensation for Extended or Unabsorbed <br /> Overhead, the Contractor has the burden of keeping and maintaining accurate <br /> documentation to support any such claim. If the Contractor fails to provide or keep <br /> 1 inadequate financial data for an accurate and fair Eichleay calculation, Contractor <br /> waives and releases any claim for Unabsorbed or Extended Overhead. In <br /> presenting any claim under this section of the Contract, the Contractor agrees to <br /> provide to the City any and all financial data needed by the City, or its <br /> representative, to review, substantiate and evaluate any claim for Extended or <br /> Unabsorbed Home Office Overhead, or both. Failure to provide the requested <br /> ' information shall constitute waiver by the Contractor. <br /> If Contractor is entitled to an adjustment of Contract Sum for Unabsorbed or <br /> Extended Overhead, it shall be calculated as provided in these Special Provisions. <br /> ' 1-09.11 A(4)A1 Elements <br /> Contractor shall only be entitled to an adjustment of Contract Sum for <br /> Unabsorbed or Extended Overhead if it clearly and convincingly demonstrates <br /> all of the following: <br /> 1. The City solely caused a Delay to the Completion Date as measured <br /> by analysis of the project duration by the critical path method <br /> pursuant to 1-08.3 PROGRESS SCHEDULE; <br /> 2. Because of the Delay described in subsection (A), the Contractor <br /> was forced to suspend or significantly interrupt its performance so <br /> that it was on standby or idled, and the City required the Contractor <br /> to be ready to resume performance on short notice. Extended time <br /> of performance of Work, such as extensions caused by changes, <br /> inefficiencies, or extra Work, does not constitute suspension or <br /> significant interruption of performance. <br /> 3. The Contractor could not and did not use resources, including, but <br /> not limited to, labor, equipment, materials and tools, standing by or <br /> idled on this or other project for any Work during the period of Delay; <br /> 4. The Contractor's Overhead costs did not materially vary from its <br /> usual seasonal Overhead costs during the period of Delay; and <br /> 5. The Delay did not cause over absorbed Overhead in the period the <br /> delayed Work was completed. <br /> 1-09.11A(4)A1a Resources <br /> To demonstrate the Contractor could not and did not use resources, <br /> including, but not limited to, labor, equipment, materials and tools from <br /> 1 this Project for any other work on this or any other project during the <br /> period of Delay in accordance with item 3 of 1-09.11A(4)A1 of these <br /> Special Provisions, the Contractor shall: <br /> r <br /> Watermain Replacement"U" Division 1 —GENERAL REQUIREMENTS October 1, 2019 <br /> WO No—UP3698 SP—121 <br />