A-1 Landscaping and Construction, Inc. 7/20/2016

I 1 affected, impacted or inefficient work will be allowed where the Contractor does not keep t 2 and maintain contemporaneous, complete and accurate time records for labor and 3 Equipment and contemporaneous, complete and accurate records for materials and 4 where such records do not contemporaneously segregate and allocate by time, location 5 and work the time and costs for each item or element of such work. Contractor's failure 6 to keep and maintain such records constitutes a waiver of any Contract Claim or request 7 by the Contractor for adjustment of Contract Sum for such costs or event. 8 C. To the extent the Contractor is entitled to an adjustment of Contract Sum due to any I 9 Delay or extension of Contract Time, Contractor shall be compensated as provided in 10 section 1-09.11A Remedies. Such compensation shall be full, adequate and complete 11 compensation for all direct, indirect, cumulative, inefficiency, impact and ripple costs 12 causing, arising out of, or relating to such delays or extension. 13 D. Contractor and Owner agree that compensation to the Contractor for a Contract Claim 14 shall not exceed the Contractor's costs based upon Force Account as described in 15 section 1-09.6 Force Account. Contractor waives, releases, and agrees not to submit 16 any request for adjustment of Contract Sum or Contract Claim based upon a "total cost" 17 or "modified total cost" calculation, in whole or in part, but instead agrees that any and all 18 requests for compensation shall be based upon accurate, complete and 19 contemporaneous cost records that segregate and allocate costs (a) between base 20 Contract work and the work for which additional compensation is sought and (b) I 21 between each item of work for which additional compensation is sought. Claims for 22 inefficiency shall only be based and calculated by a comparison of productivity of similar 23 work performed in an unaffected or least affected area of the Project. I 24 E. No claim for consequential damages of any kind will be allowed. 25 26 1-09.4(4) Unabsorbed and Extended Overhead 27 A. Any Extended or Unabsorbed Overhead to which the Contractor may be entitled shall be 28 calculated using the Eichleay formula by: 29 1. Determining the pro-rata amount of Overhead allocable to the subject project. 30 This is accomplished by multiplying Overhead costs by the ratio of the subject 31 project's billings to the Contractor's overall billings during the overall period of the 32 subject Project's performance. The result is "Allocable Overhead." 33 Any additional and unresolved direct cost claims presented by the Contractor 34 concurrently with any request for Extended and/or Unabsorbed Overhead shall 35 not be included in determining the ratio of the subject Project billings to overall 36 Contractor billings for the period of project performance. 37 2. Determining the daily amount of Allocable Overhead for the subject Project. This 38 is accomplished by dividing the Allocable Overhead for the subject Project by the 39 number of days (as contractually defined) of Contract performance. The result is 40 the Daily Rate of Allocable Overhead. 41 3. Determining the gross amount of potential additional compensation for Home 42 Office Overhead due to the project extension. This is accomplished by 43 multiplying the Daily Rate of Allocable Overhead by the number of days of project 44 extension caused solely by the City. This results in the Gross Amount of 45 Additional Home Office Overhead Compensation. 46 4. Adjusting the Gross Amount of Additional Home Office Overhead Compensation 47 for any additional contribution for Overhead received by the Contractor on any 48 Change Orders that are being presented and resolved concurrently with the 49 subject calculation for Unabsorbed and/or Extended Home Office Overhead. 50 The necessary adjustment would be to reduce the Gross Amount of Additional RIVERFRONT DEVELOPMENT NORTH WETLAND COMPLEX 78 I