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City of Everett 00 7200 - 48 <br /> 2022 Tulalip Pipeline Mortar Repair UT 3774 <br /> 4. The Contractor's Overhead costs did not materially vary from its usual seasonal Overhead costs <br /> during the period of delay; and <br /> 5. The Delay did not cause Overabsorbed Overhead in the period in which the delayed Work was <br /> completed. <br /> 12.4.3.5.2.1 Resources <br /> To demonstrate the Contractor could not and did not use resources, including but not limited to <br /> labor,materials and equipment from this Project for any other work on this or any other project <br /> during the period of delay(12.4.3.5.2.(3)),the Contractor must: <br /> a. Affirmatively represent and warrant that it did not perform substitute Work; <br /> b. Identify the specific resources that were idled; and <br /> c. Show that those resources did not, and could not,work on other contracts or projects during <br /> the Delay. <br /> 12.4.3.5.2.2 No Material Variations <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 I <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 1 <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 I <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. There is no entitlement to increase in Contract Sum for inefficiencies related to a <br /> Third Party or to a Force Majeure Event. <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 /> 1 <br /> 00 7200 - 48 GENERAL CONDITIONS 1 <br />