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CITY OF EVERETT SPECIAL PROVISIONS <br /> <br />Water Main Replacement “Y” – Ph 1 Div 1 – GENERAL REQMTS March 2024 <br />Work Order No. UP 3814 SP-136 <br />presenting any claim under this section of the Contract, the Contractor agrees to <br />provide to the City any and all financial data needed by the City, or its <br />representative, to review, substantiate and evaluate any claim for Extended or <br />Unabsorbed Home Office Overhead, or both. Failure to provide the requested <br />information shall constitute waiver by the Contractor. <br />If Contractor is entitled to an adjustment of Contract Sum for Unabsorbed or <br />Extended Overhead, it shall be calculated as provided in these Special Provisions. <br />1-09.11A(4)A1 Elements <br />Contractor shall only be entitled to an adjustment of Contract Sum for <br />Unabsorbed or Extended Overhead if it clearly and convincingly <br />demonstrates all of the following: <br />1. The City solely caused a Delay to the Completion Date as measured <br />by analysis of the project duration by the critical path method <br />pursuant to 1-08.3 PROGRESS SCHEDULE; <br />2. Because of the Delay described in subsection (1), the Contractor <br />was forced to suspend or significantly interrupt its performance so <br />that it was on standby or idled, and the City required the Contractor <br />to be ready to resume performance on short notice. Extended time <br />of performance of Work, such as extensions caused by changes, <br />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 <br />not limited to, labor, equipment, materials and tools, standing by or <br />idled on this or other project for any work during the period of Delay; <br />4. The Contractor’s Overhead costs did not materially vary from its <br />usual seasonal Overhead costs during the period of Delay; and <br />5. The Delay did not cause over absorbed Overhead in the period the <br />delayed Work was completed. <br />1-09.11A(4)A1a Resources <br />To demonstrate the Contractor could not and did not use resources, <br />including, but not limited to, labor, equipment, materials and tools from <br />this Project for any other work on this or any other project during the <br />period of Delay in accordance with item 3 of 1-09.11A(4)A1 of these <br />Special Provisions, the Contractor shall: <br />1. Affirmatively represent and warrant that it did not perform <br />substitute work; <br />2. Identify the specific resources that were idled; and <br />3. Show that those resources did not, and could not, work on other <br />contracts or projects during the Delay. <br />1-09.11A(4)A1b No Material Variations <br />To demonstrate the Contractor’s Overhead costs did not materially vary <br />from its usual seasonal Overhead costs during the period of Delay in <br />accordance with item 4 of 1-09.11A(4)A1 of these Special Provisions, the <br />Contractor shall; <br />1. Affirmatively represent and warrant that the completion of the <br />subject Work was extended and that such extension prevented <br />the performance of other work during both the period of Delay <br />and the later period of time required to complete the extended <br />Work,