American Process Group 3/30/2022

City of Everett 00 7200 - 49 2022 Biosolids Removal and Disposal UT 3752-30 To demonstrate that it did not incur Overabsorbed Overhead in the period following the Delay ' (12.4.3.5.2.(5)),the Contractor must: a. Affirmatively represent and warrant that completion of the delayed Work prevented the performance of other work; ' b. Identify the critical resource unavailable for other work due to completion of the delayed Contract; and c. Showing that unavailability of this critical resource precluded the performance of other work. 12.4.4 Inefficiencies 12.4.4.1 Adjustment of Contract Sum To the extent Contractor is entitled to an increase in Contract Sum because of inefficiencies or impaired productivity,then compensation due, if any, shall be calculated as provided in 9.5.ADJUSTMENT OF CONTRACT SUM. There is no entitlement to increase in Contract Sum for inefficiencies related to a Third Party or to a Force Majeure Event. 12.4.4.2 Adjustment of Contract Time ' To the extent Contractor is entitled to an extension of Contract Time because of inefficiencies or impaired productivity,then the time extension, if any, shall be determined as provided in 5.2.2.2 Extensions of Contract Time. 13. DISPUTES 13.1 RESOLUTION When a Dispute occurs during a Contract,the Contractor shall pursue resolution through the Owner's Representative. The Contractor shall follow the procedure stated in 12. CONTRACT CLAIMS herein ' and 5.2.2.2 Extensions of Contract Time for issues regarding the schedule and Contract Time. Timely and adequate Notice is a condition precedent to a Contract Claim. Timely and complete submission of a Contract Claim is a condition precedent to any entitlement by the Contractor to an adjustment of Contract Sum or Contract Time. Unless waived by the Owner,mediation is a condition precedent to the filing of any lawsuit, action or proceeding that seeks to recover on a Contract Claim, whether in whole or in part. 13.2 CONTINUING THE WORK Contractor shall carry on the Work and adhere to the schedule during all disputes or disagreements with Owner.No Work shall be delayed or postponed pending resolution of Disputes or disagreements, except as permitted by paragraph 15.04 or as Owner and Contractor may otherwise agree in writing. 14. TIME LIMITATIONS AND JURISDICTION The parties intend that all Claims and Disputes be dealt with promptly and expeditiously when they arise. The parties intend that all Claims and Disputes be resolved quickly and expeditiously and desire to avoid claims and Disputes that relate back to events or Work occurring months before. The parties desire to avoid litigation and the costs and expense of Claims and Disputes at the end of the Project. Any Contract Claim for adjustment of Contract Sum or Contract Time, or any Dispute or Contract Claim of any kind whatsoever,must be submitted, if at all,to the Owner or Owner's Representative no later than 1 thirty(30) days after Notice was first required to be given by the Contractor as provided in ARTICLE 10.NOTICE TO OWNER. Failure to submit a Contract Claim within the thirty(30) days of the date Notice was required pursuant to ARTICLE 10.NOTICE TO OWNER constitutes a complete waiver of and bar to the Contract Claim, and Contractor is estopped from later asserting a Contract Claim or seeking any relief or remedy relating to the Dispute for which it failed to submit a Claim. 00 7200 - 49 GENERAL CONDITIONS