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City of Everett 00 7200 - 47 <br /> 2020 Biosolids Removal UT3705-11 <br /> To demonstrate the Contractor's Overhead costs did not materially vary from its usual seasonal <br /> Overhead costs during the period of delay(12.4.3.5.2.(4)),the Contractor must; <br /> a. Affirmatively represent and warrant that the completion of the subject Work was extended <br /> and that such extension prevented the performance of other work during both the period of <br /> ' delay and the later period of time required to complete the extended Work, <br /> b. Disclose the details of Contractor generated billings and Contractor Overhead Costs(as <br /> hereinafter defined)throughout the actual project performance. The details of such <br /> ' information should be no less than specific identification of the sources and amounts of <br /> revenue on no greater than a monthly basis and specific identification of the types and <br /> amounts of Contractor Overhead Costs on no greater than a monthly basis for the actual <br /> Project duration. <br /> 12.4.3.5.2.3 Overabsorbed Overhead <br /> To demonstrate that it did not incur Overabsorbed Overhead in the period following the Delay <br /> (12.4.3.5.2.(5)),the Contractor must: <br /> a. Affirmatively represent and warrant that completion of the delayed Work prevented the <br /> performance of other work; <br /> b. Identify the critical resource unavailable for other work due to completion of the delayed <br /> Contract; and <br /> c. Showing that unavailability of this critical resource precluded the performance of other work. <br /> 12.4.4 Inefficiencies <br /> 12.4.4.1 Adjustment of Contract Sum <br /> To the extent Contractor is entitled to an increase in Contract Sum because of inefficiencies or impaired <br /> productivity,then compensation due, if any,shall be calculated as provided in 9.5.ADJUSTMENT OF <br /> CONTRACT SUM. <br /> 12.4.4.2 Adjustment of Contract Time <br /> To the extent Contractor is entitled to an extension of Contract Time because of inefficiencies or impaired <br /> productivity,then the time extension, if any, shall be determined as provided in 5.2.2.2 Extensions of <br /> Contract Time. <br /> 13. DISPUTES <br /> 13.1 RESOLUTION <br /> When a Dispute occurs during a Contract,the Contractor shall pursue resolution through the Owner's <br /> Representative. The Contractor shall follow the procedure outlined General Condition ARTICLE 12. <br /> CONTRACT CLAIMS herein and 5.2.2.2 Extensions of Contract Time for issues regarding the <br /> ' schedule and Contract Time. Timely and adequate Notice is a condition precedent to a Contract Claim. <br /> Timely and complete submission of a Contract Claim is a condition precedent to any entitlement by the <br /> Contractor to an adjustment of Contract Sum or Contract Time. Unless waived by the Owner,mediation <br /> is a condition precedent to the filing of any lawsuit, action or proceeding that seeks to recover on a <br /> Contract Claim,whether in whole or in part. <br /> 13.2 CONTINUING THE WORK <br /> ' Contractor shall carry on the Work and adhere to the schedule during all disputes or disagreements with <br /> Owner.No Work shall be delayed or postponed pending resolution of Disputes or disagreements,except <br /> as permitted by paragraph 15.04 or as Owner and Contractor may otherwise agree in writing. <br /> ' 00 7200 - 47 GENERAL CONDITIONS <br />