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I <br /> CITY OF EVERETT PUBLIC WORKS 00 72 13 <br /> SPECIAL PROVISIONS GENERAL CONDITIONS <br /> greater than a monthly basis and specific identification of the types and <br /> amounts of Contractor Overhead Costs on no greater than a monthly <br /> basis for the actual Project duration. <br /> c. Overabsorbed Overhead <br /> 1) To demonstrate that it did not incur Overabsorbed Overhead in the period <br /> following the Delay(12.4.C.5.b.1)e)),the Contractor must: <br /> a) Affirmatively represent and warrant that completion of the delayed Work <br /> prevented the performance of other work; <br /> b) Identify the critical resource unavailable for other work due to completion of <br /> the delayed Contract; and <br /> c) Showing that unavailability of this critical resource precluded the <br /> performance of other work. <br /> D. Inefficiencies <br /> 1. Adjustment of Contract Sum <br /> a. To the extent Contractor is entitled to an increase in Contract Sum because of <br /> inefficiencies or impaired productivity, then compensation due, if any, shall be <br /> calculated as provided in 9.5. Adjustment Of Contract Sum. <br /> 2. Adjustment of Contract Time <br /> a. To the extent Contractor is entitled to an extension of Contract Time because of <br /> inefficiencies or impaired productivity, then the time extension, if any, shall be <br /> determined as provided in 5.2.C. Extensions of Contract Time. <br /> ARTICLE 13 DISPUTES <br /> 13.1 Resolution <br /> A. When a Dispute occurs during a Contract, the Contractor shall pursue resolution through the <br /> Owner's Representative. The Contractor shall follow the procedure outlined ARTICLE 12. <br /> CONTRACT CLAIMS herein and 5.2.C. Extensions of Contract Time for issues regarding <br /> the schedule and Contract Time. Timely and adequate Notice is a condition precedent to a <br /> Contract Claim. Timely and complete submission of a Contract Claim is a condition precedent to <br /> any entitlement by the Contractor to an adjustment of Contract Sum or Contract Time. Unless <br /> waived by the Owner, mediation is a condition precedent to the filing of any lawsuit, action or <br /> proceeding that seeks to recover on a Contract Claim, whether in whole or in part. <br /> 13.2 Continuing the Work <br /> A. Contractor shall carry on the Work and adhere to the schedule during all disputes or <br /> disagreements with Owner. No Work shall be delayed or postponed pending resolution of <br /> Disputes or disagreements, except as permitted by paragraph 15.04 or as Owner and Contractor <br /> may otherwise agree in writing. <br /> ARTICLE 14 TIME LIMITATIONS AND JURISDICTION <br /> 14.1 General <br /> A. The parties intend that all Claims and Disputes be dealt with promptly and expeditiously when <br /> they arise. The parties intend that all Claims and Disputes be resolved quickly and expeditiously <br /> and desire to avoid claims and Disputes that relate back to events or Work occurring months <br /> I <br /> Legion Golf Course Stormwater Detention Project November 28, 2017 <br /> WO#UP3620 00 72 13 - 59 <br />