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111 <br /> City of Everett 00 7200 - 48 <br /> 2022 Biosolids Removal and Disposal UT 3752-30 <br /> substa <br /> ntiate ate 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. <br /> 12.4.3.5.2 Elements I <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 i <br /> duration by the critical path method pursuant to 5.2.2.2 Extensions of Contract Time; <br /> 2. Because of such Delay,the Contractor was forced to suspend or significantly interrupt its <br /> performance so that it was on standby or idled, and the Owner required the Contractor to be ready <br /> to resume performance on short notice. Extended time of performance of Work, such as <br /> extensions caused by changes,inefficiencies, or Extra Work, does not constitute suspension or <br /> significant interruption of perfonnance. <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 1 <br /> To demonstrate the Contractor's Overhead costs did not materially vary from its usual seasonal <br /> Overhead costs during the period of delay(12.4.3.5.2.(4)),the Contractor must; <br /> a. Affirmatively represent and warrant that the completion of the subject Work was extended <br /> and that such extension prevented the performance of other work during both the period of <br /> delay and the later period of time required to complete the extended Work, <br /> b. Disclose the details of Contractor generated billings and Contractor Overhead Costs (as <br /> hereinafter defined)throughout the actual project performance. The details of such <br /> information should be no less than specific identification of the sources and amounts of <br /> revenue on no greater than a monthly basis and specific identification of the types and <br /> amounts of Contractor Overhead Costs on no greater than a monthly basis for the actual <br /> Project duration. <br /> 12.4.3.5.2.3 Overabsorbed Overhead <br /> 00 7200 - 48 GENERAL CONDITIONS ' <br />