§ 21-265. Burden of proof; presumption of false claim.

(1)

Whenever practicable, bid specifications for County contracts shall contain a requirement that the successful bidder maintain, as a condition precedent to submitting a claim against the County, a final bid takeoff. The final bid takeoff shall contain a line item for allocation of overhead costs.

(2)

Upon request from the County, a contractor making a claim against the County for delay or other damages shall submit, within twenty (20) days, a copy of the final bid takeoff, certified pursuant to this subsection. Failure to provide the requested certification shall constitute a forfeiture of the claim for delay or other damages. The certification shall be submitted under oath by a person duly authorized by the claimant and shall contain a statement that:

(a)

The final bid takeoff was prepared contemporaneously with the bid and in anticipation of the bid for the project;

(b)

The contractor relied on the final bid takeoff to prepare the bid and the original schedule of values; and

(c)

The final bid takeoff has not been altered in any way.

(3)

Any claim for extended overhead costs that exceeds, on a per diem basis, more than ten (10) percent of the overhead per diem contained in the final bid takeoff shall be presumed to be a false claim, and the contractor shall have the burden of proving that any such claim for extended overhead is not false.

(Ord. No. 99-152, § 1, 11-2-99)