Thomco Construction Inc. 6/14/2021

I CITY OF EVERETT 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: 1. Affirmatively represent and warrant that it did not perform substitute Work; 2. Identify the specific resources that were idled; and 3. Show that those resources did not, and could not, work on other contracts or projects during the Delay. 1-09.11A(4)A1b 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 in accordance with item 4 of 1-09.11A(4)A1 of these Special Provisions, the Contractor shall; 1. 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 I Work, 2. Disclose the details of Contractor generated billings and Contractor Overhead Costs, as defined in these Special Provisions, 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 Water Main Replacement"V" Division 1 -GENERAL REQUIREMENTS April,2021 WO No-UP3730 SP-121