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1 <br /> iii)Show that those resources did not, and could not, work on other contracts <br /> or projects during the Delay. <br /> b) No Material Variations <br /> i) To demonstrate the Contractor's Overhead costs did not materially vary <br /> from its usual seasonal Overhead costs during the period of delay <br /> (12.4.C.5.b.1)d)),the Contractor must; <br /> ii) Affirmatively represent and warrant that the completion of the subject <br /> Work was extended and that such extension prevented the performance <br /> of other work during both the period of delay and the later period of time <br /> required to complete the extended Work, <br /> iii)Disclose the details of Contractor generated billings and Contractor <br /> Overhead Costs (as hereinafter defined) throughout the actual project <br /> performance. The details of such information should be no less than <br /> specific identification of the sources and amounts of revenue on no <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 /> PROCESS WATER PUMP STATION 06/13/2017 ' <br /> WO-3647 00 72 13 - 58 <br />