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Section 00 72 00 GENERAL CONDITIONS <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. <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 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 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 /> 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 /> 1 <br /> City of Everett 00 72 00-48 February 2023 <br /> WPCF TFI Bar Screen Upgrades <br /> UP3770 <br /> 1 <br />