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1 <br /> CITY OF EVERETT SPECIAL PROVISIONS <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. I <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 (A), 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 /> 1-09.11 A(4)A1 a 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 I <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 I <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 I <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 /> 111 <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 /> 111 <br /> and the later period of time required to complete the extended <br /> Work, <br /> Water Main Replacement"Q" Division 1 —GENERAL CONDITIONS July 8, 2016 <br /> -Broadway <br /> - WO No.—UP3612 SP-118 <br /> I <br />