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I <br /> CITY OF EVERETT PUBLIC WORKS 00 72 13 <br /> SPECIAL PROVISIONS GENERAL CONDITIONS I <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. I <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 /> i) To demonstrate the Contractor's Overhead costs did not materially vary <br /> from its usual seasonal Overhead costs during the period of delay <br /> (12.4.C.5.b.1)d)), the Contractor must; <br /> ii) Affirmatively represent and warrant that the completion of the subject <br /> Work was extended and that such extension prevented the performance <br /> of other work during both the period of delay and the later period of time <br /> required to complete the extended Work, <br /> iii)Disclose the details of Contractor generated billings and Contractor <br /> Overhead Costs (as hereinafter defined) throughout the actual project <br /> performance. The details of such information should be no less than <br /> specific identification of the sources and amounts of revenue on no <br /> Legion Golf Course Stormwater Detention Project November 28, 2017 <br /> WO#UP3620 00 72 13 - 58 1 <br />