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City of Everett 00 7200 - 49 <br />2026 WPCF Biosolids Removal & Disposal UT 3752-30 <br />00 7200 - 49 GENERAL CONDITIONS <br />3. The Contractor could not and did not use resources, including but not limited to labor, materials <br />and equipment, standing by or idled on this or any other project for any work during the period of <br />delay; <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 <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. There is no entitlement to increase in Contract Sum for inefficiencies related to a <br />Third Party or to a Force Majeure Event.