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

I 1 1-09.11A(4) Extended or Unabsorbed Overhead I 2 3 1-09.11A(4)(A) General 4 I 5 To present a request for additional compensation for Extended or Unabsorbed 6 Overhead, the Contractor has the burden of keeping and maintaining accurate 7 documentation to support any such claim. If the Contractor fails to provide or keep I 8 inadequate financial data for an accurate and fair Eichleay calculation, Contractor 9 waives and releases any claim for Unabsorbed or Extended Overhead . In presenting 10 any claim under this Section of the Contract, the Contractor agrees to provide to the City 1 any and all financial data needed by the City, or its representative, to review, Ii 12 substantiate and evaluate any claim for Extended and/or Unabsorbed Home Office 13 Overhead. Failure to provide the requested information shall constitute waiver by the 14 Contractor. 1 15 16 If Contractor is entitled to an adjustment of Contract Sum for Unabsorbed or Extended 17 Overhead, it shall be calculated as provided in herein. I 18 19 1-09.11 A(4)(A)(1) Elements 20 ' 21 22 Contractor shall only be entitled to an adjustment of Contract Sum for Unabsorbed or Extended Overhead if it clearly and convincingly demonstrates all of the following: 23 1. The City solely caused a delay to the Completion Date as measured by analysis I 24 of the project duration by the critical path method pursuant to section 1-08.3 25 Progress Schedule; 26 2. Because of the delay described in subsection (A), the Contractor was forced to 27 suspend or significantly interrupt its performance so that it was on stand by or 1 28 idled, and the City required the Contractor to be ready to resume performance on 29 short notice. Extended time of performance of work, such as extensions caused 30 by changes, inefficiencies, or extra work, does not constitute suspension or 31 significant interruption of performance. 32 3. The Contractor could not and did not use resources (labor, equipment, etc.) 33 standing by or idled on this or any other project for any work during the period of I 34 delay; 35 4. The Contractor's Overhead costs did not materially vary from its usual seasonal 36 Overhead costs during the period of delay; and I 37 5. The delay did not cause over absorbed Overhead in the period in which the 38 delayed work was completed. 39 I 40 1-09.11A(4)(A)(1)(a) Resources 41 42 To demonstrate the Contractor could not and did not use resources (labor, equipment, 43 etc.) from this project for any other work on this or any other project during the period of I44 delay (section 1-09.11A(4)(A)(1)(3), the Contractor must: 45 1. Affirmatively represent and warrant that it did not perform substitute work; 46 2. Identify the specific resources that were idled; and I 47 3. Show that those resources did not, and could not, work on other contracts or 48 projects during the delay. 49 I 50 1-09.11A(4)(A)(1)(b) No Material Variations 51 52 To demonstrate the Contractor's Overhead costs did not materially vary from its usual I53 seasonal Overhead costs during the period of delay (section 1-09.11A(4)(A)(1)(4)), the IRIVERFRONT DEVELOPMENT NORTH WETLAND COMPLEX 89