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of the types and amounts of Contractor Overhead Costs on no greater <br /> than a monthly basis for the actual Project duration. <br /> ' 1-09.11A(4)Alc Overabsorbed Overhead <br /> To demonstrate that Contractor did not incur Overabsorbed Overhead in the <br /> period following the Delay, in accordance with item 5 of 1-09.11A(4)A1. of <br /> ' these Special Provisions,the Contractor shall: <br /> 1. Affirmatively represent and warrant that completion of the delayed <br /> Work prevented the performance of other Work; <br /> ' 2. Identify the critical resource unavailable for other Work due to <br /> completion of the delayed Contract; and <br /> 3. Showing that unavailability of this critical resource precluded the <br /> ' performance of other Work. <br /> 1-09.11A(5) Inefficiencies <br /> 1-09.11A(5)A Adjustment of Contract Sum <br /> ' To the extent Contractor is entitled to an increase in Contract Sum because of <br /> inefficiencies or impaired productivity, then compensation due shall be calculated as <br /> provided in 1-09.4 EQUITABLE ADJUSTMENT. <br /> 1-09.11A(5)B Adjustment of Contract Time <br /> To the extent Contractor is entitled to an extension of Contract Time because of <br /> inefficiencies or impaired productivity, then the extension shall be determined as <br /> ' provided in 1-08.8 EXTENSIONS OF TIME. <br /> Delete all of 1-09.12 and substitute the following: <br /> 1-09.12 Audits <br /> (******) <br /> 1-09.12(1) General <br /> The Contractor's records relating to this Project, including, but not limited to, wage, payroll, <br /> and cost records, shall be open to inspection or audit by representatives of the City during the <br /> Project and for a period of not less than six years after the date of Final Acceptance of the <br /> Contract. The Contractor shall retain these records for that period. The Contractor shall also <br /> ' guarantee that Project records of Subcontractors, suppliers, and lower tier subcontractors, <br /> including, but not limited to, the wage, payroll, and cost records, shall be retained and open to <br /> similar inspection or audit for the same period of time. The audit may be performed by <br /> ' employees or representatives of the City or by an auditor chosen by the City. The Contractor, <br /> Subcontractors, or lower tier subcontractors shall provide adequate facilities, reasonably <br /> acceptable to auditor, for the audit during normal business hours. The Contractor, <br /> Subcontractors, or lower tier subcontractors shall make a good faith effort to cooperate with the <br /> auditors. If an audit is to be commenced more than sixty (60) calendar days after the Final <br /> Acceptance date of the Contract,the Contractor will be given twenty(20)calendar days'notice <br /> of the time when the audit is to begin. If any litigation, claim, or audit arising out of, in <br /> connection with,or related to this Contract is initiated,the Project records shall be retained until <br /> the later of(a) completion of litigation, claim, or audit or (b) six years after the date of Final <br /> Acceptance. <br /> 1-09.12(2) Claims <br /> All Contract Claims filed against the City shall be subject to audit at any time following the <br /> filing of the Contract Claim. Failure of the Contractor, Subcontractors, or lower tier <br /> ' subcontractors to maintain and retain sufficient records to allow the auditors to verify all or a <br /> portion of the Contract Claim or to permit the auditor access to the books and records of the <br /> HAYES STREET REGULATOR February, 2017 <br /> AND CSO CONTROLS (SRO1, SRO2,AND SRO3) <br /> WO No—UP3398-31 SP- 130 <br />