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City of Everett 00 7200 - 46 <br /> 2020 Biosolids Removal UT3705-11 <br /> The Contractor shall be entitled to an adjustment of Contract Time for anyDelayconcurrently <br /> caused by a third party and the Owner, but only to the extent Contractor clearly and convincingly <br /> demonstrates that the Owner caused the Delay to be longer than it would have been had it been <br /> caused solely by the third party. <br /> 12.4.3.5 Extended or Unabsorbed Overhead <br /> 12.4.3.5.1 General <br /> To present a request for additional compensation for Extended or Unabsorbed Overhead,the <br /> Contractor has the burden of keeping and maintaining accurate documentation to support any such <br /> claim. If the Contractor fails to provide or keep adequate fmancial data for an accurate and fair <br /> Eichleay calculation, Contractor waives and releases any claim for Unabsorbed or Extended <br /> Overhead. In presenting any claim under this section of the Contract,the Contractor agrees to provide <br /> to the Owner any and all financial data needed by the Owner, or its representative,to review, <br /> substantiate and evaluate any claim for Extended and/or Unabsorbed Home Office Overhead. Failure <br /> to provide the requested information shall constitute waiver by the Contractor. <br /> If Contractor is entitled to an adjustment of Contract Sum for Unabsorbed or Extended Overhead, it <br /> shall be calculated as provided in 9.5.3.Unabsorbed and Extended Overhead. 9.5.3 <br /> Unabsorbed and Extended Overhead <br /> 12.4.3.5.2 Elements <br /> Contractor shall only be entitled to an adjustment of Contract Sum for Unabsorbed or Extended <br /> Overhead if it clearly and convincingly demonstrates all of the following: <br /> 1. The Owner solely caused a delay to the Completion Date as measured by analysis of the project <br /> duration by the critical path method pursuant to 5.2.2.2 Extensions of Contract Time; <br /> 2. Because of the Delay described in subsection(A),the Contractor was forced to suspend or I <br /> significantly interrupt its performance so that it was on standby or idled, and the Owner required <br /> the Contractor to be ready to resume performance on short notice. Extended time of performance <br /> of Work, such as extensions caused by changes, inefficiencies, or Extra Work, does not constitute <br /> suspension or significant interruption of performance. <br /> 3. The Contractor could not and did not use resources, including but not limited to labor,materials <br /> and equipment, standing by or idled on this or any other project for any work during the period of <br /> delay; <br /> 4. The Contractor's Overhead costs did not materially vary from its usual seasonal Overhead costs <br /> during the period of delay;and <br /> 5. The Delay did not cause Overabsorbed Overhead in the period in which the delayed Work was <br /> completed. <br /> 12.4.3.5.2.1 Resources <br /> To demonstrate the Contractor could not and did not use resources, including but not limited to <br /> labor,materials and equipment from this Project for any other work on this or any other project <br /> during the period of delay(12.4.3.5.2.(3)),the Contractor must: <br /> a. Affirmatively represent and warrant that it did not perform substitute Work; <br /> b. Identify the specific resources that were idled;and <br /> c. Show that those resources did not, and could not,work on other contracts or projects during <br /> the Delay. ' <br /> 12.4.3.5.2.2 No Material Variations <br /> I <br /> 00 7200 - 46 GENERAL CONDITIONS ' <br />