Laserfiche WebLink
1 <br /> CITY OF EVERETT PUBLIC WORKS 00 72 13 <br /> SPECIAL PROVISIONS GENERAL CONDITIONS <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 /> 2) Resources <br /> a) To demonstrate the Contractor could not and did not use resources, <br /> ' including but not limited to labor, materials and equipment from this Project <br /> for any other work on this or any other project during the period of delay <br /> (12.4.C.5.b.1)c).),the Contractor must: <br /> ' i) Affirmatively represent and warrant that it did not perform substitute <br /> Work; <br /> ii) Identify the specific resources that were idled; and <br /> iii)Show that those resources did not, and could not,work on other contracts <br /> or projects during the Delay. <br /> b) No Material Variations <br /> ' THREE LAKES VALVE BYPASS July 19, 2017 <br /> WO#UP3611 007213 -57 <br />