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City of Everett 00 7200 - 48 2023 Biosolids Removal UT 3808 - 2 4. The Contractor's Overhead costs did not materially vary from its usual seasonal Overhead costs during the period of delay; and 5. The Delay did not cause Overabsorbed Overhead in the period in which the delayed Work was I completed. 12.4.3.5.2.1 Resources To demonstrate the Contractor could not and did not use resources, including but not limited to labor,materials and equipment from this Project for any other work on this or any other project during the period of delay(12.4.3.5.2.(3)),the Contractor must: a. Affirmatively represent and warrant that it did not perform substitute Work; b. Identify the specific resources that were idled; and c. Show that those resources did not, and could not,work on other contracts or projects during the Delay. 12.4.3.5.2.2 No Material Variations To demonstrate the Contractor's Overhead costs did not materially vary from its usual seasonal Overhead costs during the period of delay(12.4.3.5.2.(4)),the Contractor must; a. Affirmatively represent and warrant that the completion of the subject Work was extended and that such extension prevented the performance of other work during both the period of delay and the later period of time required to complete the extended Work, b. Disclose the details of Contractor generated billings and Contractor Overhead Costs (as ' hereinafter defined)throughout the actual project performance. The details of such information should be no less than specific identification of the sources and amounts of revenue on no greater than a monthly basis and specific identification of the types and amounts of Contractor Overhead Costs on no greater than a monthly basis for the actual Project duration. 12.4.3.5.2.3 Overabsorbed Overhead I 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 I 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. I 00 7200 - 48 GENERAL CONDITIONS I