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CITY OF EVERETT SPECIAL PROVISIONS 1-09.11A(3)D1 Adjustment of Contract Time The Contractor shall be entitled to an extension of Contract Time for Delays to the extent caused by a Third Party or a Force Majeure Event. Extension of Contract Time shall be determined pursuant to 1-08.8 EXTENSIONS OF TIME. 1-09.11A(4) Extended or Unabsorbed Overhead 1-09.11A(4)A General To present a request for additional compensation for Extended or Unabsorbed Overhead, the Contractor has the burden of keeping and maintaining accurate documentation to support any such claim. If the Contractor fails to provide or keep inadequate financial data for an accurate and fair Eichleay calculation, Contractor waives and releases any claim for Unabsorbed or Extended Overhead. In presenting any claim under this section of the Contract, the Contractor agrees to provide to the City any and all financial data needed by the City, or its representative, to review, substantiate and evaluate any claim for Extended or Unabsorbed Home Office Overhead, or both. Failure to provide the requested information shall constitute waiver by the Contractor. If Contractor is entitled to an adjustment of Contract Sum for Unabsorbed or Extended Overhead, it shall be calculated as provided in these Special Provisions. 1-09.11A(4)A1 Elements 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 City solely caused a Delay to the Completion Date as measured by analysis of the project duration by the critical path method pursuant to 1-08.3 PROGRESS SCHEDULE; 2. Because of the Delay described in subsection (1), the Contractor was forced to suspend or significantly interrupt its performance so that it was on standby or idled, and the City 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, equipment, materials and tools, standing by or idled on this or 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 over absorbed Overhead in the period the delayed Work was completed. 1-09.11 A(4)A1 a Resources To demonstrate the Contractor could not and did not use resources, including, but not limited to, labor, equipment, materials and tools from this Project for any other work on this or any other project during the period of Delay in accordance with item 3 of 1-09.11A(4)A1 of these Special Provisions, the Contractor shall: Jackson Park Area Stormwater Separation WO No—UP3703 Division 1 —GENERAL REQUIREMENTS September 2020 SP-123