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

I 1 If the Contractor is entitled to an adjustment of Contract Sum because of a Delay solely I 2 caused by the Owner that does not relate to Extra Work, Contractor shall only be 3 compensated for the items below, less all funds paid pursuant to any change in the 4 Contract Sum that contributed to the Delay: I 5 1. Documented, incurred cost of nonproductive field supervision or labor extended 6 because of the delay; 7 2. Documented, incurred cost of home office supervision to attend jobsite meetings; I 8 3. Documented, incurred cost of temporary facilities or Equipment rental extended 9 because of the delay; 10 4. Documented, incurred cost of insurance extended because of the delay; 1 5. General and administrative overhead in an amount to be agreed upon, but not Ii 12 to exceed three percent (3%) of original Contract Sum divided by the Contract 13 Time for each day of the delay. 14 Owner shall not owe Contractor compensation for extended overhead or other delay I 15 costs to the extent Contractor or anyone other than the Owner contributed to or is 16 concurrently responsible for the delay. 17 I 18 1-09.11A(3)(A)(2) Adjustment of Contract Time 19 20 If the Contractor is entitled to an adjustment of Contract Time because of a Delay solely 21 caused by the Owner that does not relate to Extra Work, Contractor shall be entitled to 22 an adjustment of Contract Time to the extent the Delay increases the duration of the 23 Project, as measured by the critical path and as demonstrated pursuant to the I 24 requirements of section 1-08.8 Extensions of Time. 25 26 1-09.11A(3)(B) Contractor Caused Delay 27 I 28 If the Contractor is solely responsible for any Delay to any interim milestone, Substantial 29 Completion, Physical Completion, or the Completion Date, the City shall be entitled to 30 liquidated or other damages as provided elsewhere in the Contract Documents. The 31 Contractor accepts the risk of any Delays caused by strikes, work slowdowns, job 32 actions and labor unrest of any kind. Contractor shall not be entitled to any increase in 33 Contract Sum or Contract Time due to a Delay it caused. I 34 35 1-09.11A(3)(C) Delays Concurrently Caused by Contractor and City 36 I 37 If the City and the Contractor cause a Delay concurrently, neither the City nor the 38 Contractor shall be liable to the other except as provided herein. 39 I 40 1-09.11A(3)(C)(1) Adjustment of Contract Sum 41 42 The Contractor shall not be entitled to any adjustment in Contract Sum for Delays 43 concurrently caused by the City and the Contractor. 44 45 1-09.11A(3)(C)(2) Adjustment of Contract Time 46 I 47 The Contractor shall be entitled to an extension of Contract Time for the City caused 48 portion of any Delay concurrently caused by the City and Contractor to the extent the 49 City caused the Delay to extend longer than if the Contractor had solely caused the I 50 Delay. 51 I IRIVERFRONT DEVELOPMENT NORTH WETLAND COMPLEX 87