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1 <br /> ' CITY OF EVERETT PUBLIC WORKS DOCUMENT 00 72 13 <br /> SPECIAL PROVISIONS GENERAL CONDITIONS <br /> ' it caused in excess of the Delay caused by the a third party, earthquake, flood, <br /> natural disasters,acts of war or acts of terrorism. <br /> 2) Adjustment of Contract Sum <br /> ' a) The Contractor shall be entitled to an adjustment of Contract Sum for any <br /> Delay concurrently caused by a third party and the Owner, but only to the <br /> extent Contractor clearly and convincingly demonstrates that the Owner <br /> ' caused the Delay to be longer than it would have been had it been caused <br /> solely by the third party. <br /> 3) Adjustment of Contract Time <br /> a) The Contractor shall be entitled to an adjustment of Contract Time for any <br /> Delay concurrently caused by a third party and the Owner, but only to the <br /> extent Contractor clearly and convincingly demonstrates that the Owner <br /> caused the Delay to be longer than it would have been had it been caused <br /> ' solely by the third party. <br /> 5. Extended or Unabsorbed Overhead <br /> a. General <br /> ' 1) To present a request for additional compensation for Extended or Unabsorbed <br /> Overhead, the Contractor has the burden of keeping and maintaining accurate <br /> documentation to support any such claim. If the Contractor fails to provide or <br /> ' keep adequate financial data for an accurate and fair Eichleay calculation, <br /> Contractor waives and releases any claim for Unabsorbed or Extended Overhead. <br /> In presenting any claim under this section of the Contract, the Contractor agrees <br /> ' to provide to the Owner any and all financial data needed by the Owner, or its <br /> representative, to review, substantiate and evaluate any claim for Extended <br /> and/or Unabsorbed Home Office Overhead. Failure to provide the requested <br /> information shall constitute waiver by the Contractor. <br /> ' 2) If Contractor is entitled to an adjustment of Contract Sum for Unabsorbed or <br /> Extended Overhead, it shall be calculated as provided in 9.6. Unabsorbed and <br /> Extended Overhead. <br /> ' b. Elements <br /> 1) Contractor shall only be entitled to an adjustment of Contract Sum for <br /> Unabsorbed or Extended Overhead if it clearly and convincingly demonstrates all <br /> of the following: <br /> a) The Owner solely caused a delay to the Completion Date as measured by <br /> analysis of the project duration by the critical path method pursuant to <br /> 5.2.C. Extensions of Contract Time; <br /> ' b) Because of such Delay, the Contractor was forced to suspend or <br /> significantly interrupt its performance so that it was on standby or idled, and <br /> the Owner required the Contractor to be ready to resume performance on <br /> ' short notice. Extended time of performance of Work, such as extensions <br /> caused by changes, inefficiencies, or Extra Work, does not constitute <br /> suspension or significant interruption of performance. <br /> c) The Contractor could not and did not use resources, including but not <br /> limited to labor,materials and equipment,standing by or idled on this or any <br /> other project for any work during the period of delay; <br /> d) The Contractor's Overhead costs did not materially vary from its usual <br /> seasonal Overhead costs during the period of delay; and <br /> e) The Delay did not cause Overabsorbed Overhead in the period in which the <br /> delayed Work was completed. <br /> PSO6 REROUTE 007213 -59 <br /> WO NO.—UP3583 MAY 2016 <br /> 1 <br />