Laserfiche WebLink
of the Contract, the Contractor agrees to provide to the City any and all financial data <br /> needed by the City, or its representative, to review, substantiate and evaluate any claim <br /> for Extended or Unabsorbed Home Office Overhead, or both. Failure to provide the <br /> requested information shall constitute waiver by the Contractor. <br /> If Contractor is entitled to an adjustment of Contract Sum for Unabsorbed or Extended <br /> 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 Unabsorbed or <br /> Extended Overhead if it clearly and convincingly demonstrates all of the following: <br /> 1. The City solely caused a Delay to the Completion Date as measured by <br /> analysis of the project duration by the critical path method pursuant to 1- <br /> 08.3 PROGRESS SCHEDULE; <br /> 2. Because of the Delay described in subsection (A), the Contractor was <br /> forced to suspend or significantly interrupt its performance so that it was on <br /> standby or idled, and the City required the Contractor to be ready to resume <br /> performance on short notice. Extended time of performance of Work, such <br /> as extensions caused by changes, inefficiencies, or extra Work, does not <br /> constitute suspension or significant interruption of performance. <br /> 3. The Contractor could not and did not use resources, including, but not <br /> limited to, labor, equipment, materials and tools, standing by or idled on <br /> 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 usual <br /> seasonal Overhead costs during the period of Delay; and <br /> 5. The Delay did not cause over absorbed Overhead in the period the delayed <br /> Work was completed. <br /> 1-09.11A(4)Ala Resources <br /> To demonstrate the Contractor could not and did not use resources, including, <br /> but not limited to, labor, equipment,materials and tools from this Project for any <br /> other work on this or any other project during the period of Delay in accordance <br /> with item 3 of 1-09.11A(4)A1 of these Special Provisions,the Contractor shall: <br /> 1. Affirmatively represent and warrant that it did not perform substitute <br /> 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)Alb No Material Variations <br /> To demonstrate the Contractor's Overhead costs did not materially vary from its <br /> usual seasonal Overhead costs during the period of Delay in accordance with <br /> item 4 of 1-09.11A(4)A1 of these Special Provisions,the Contractor shall; <br /> 1. Affirmatively represent and warrant that the completion of the subject <br /> Work was extended and that such extension prevented the <br /> performance of other work during both the period of Delay and the <br /> later period of time required to complete the extended Work, <br /> 2. Disclose the details of Contractor generated billings and Contractor <br /> Overhead Costs, as defined in these Special Provisions,throughout the <br /> actual Project performance. The details of such information should be <br /> no less than specific identification of the sources and amounts of <br /> revenue on no greater than a monthly basis and specific identification <br /> HAYES STREET REGULATOR February,2017 <br /> AND CSO CONTROLS (SRO1, SRO2,AND SRO3) <br /> WO No—UP3398-31 SP - 129 <br />