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

1 1 1-09.11A(3)(D) Third Party Caused Delays and Force Majeure 2 3 1-09.11A(3)(D)(1) Caused Solely by Third Parties or Force Majeure 4 5 1-09.11A(3)(D)(1)(a) Adjustment of Contract Sum 6 7 The City and the Contractor shall not be responsible to compensate each other 8 financially for any Delay solely caused by a third party for whom neither the Contractor 9 nor the City is responsible, or for any Delay caused solely by earthquake, flood, natural 10 disasters, acts of war or acts of terrorism. A Delay caused by a utility's failure to provide 11 service or relocate its lines (despite a timely request for such service or relocation) is an 12 example of this kind of Delay for which neither the Contractor nor the City is financially 13 responsible to the other. Mislocated utility lines or utility lines not located are another 14 example of a Delay for which neither the Contractor nor the City is responsible to the 15 other. However, the Contractor's failure to request a utility locate or relocation in a 16 timely way is not, and any resulting Delay would be the responsibility of the Contractor. 17 Because the Contractor is responsible for ordering materials and equipment, Contractor 18 shall not be entitled to an adjustment of Contract Time or Contract Sum due to Delays 19 caused by the lack of materials or equipment. A strike, job action, slowdown, work to 20 rule, or other job action or labor dispute or problem is not a Delay caused by a third 21 party. 22 23 1-0-9.11A(3)(D)(1)(b) Adjustment of Contract Time 24 25 The Contractor shall be entitled to an extension of Contract Time for Delays caused 26 solely by a third party for whom neither the Contractor nor the City is responsible, or for 27 any Delay caused solely by earthquake, flood, natural disasters, acts of war or acts of 28 terrorism. Extension of Contract Time shall be determined pursuant to section 1-08.8 29 Extensions of Time 30 31 1-09.11A(3)(E) Caused Concurrently by Third Parties and Contractor or Owner 32 If a Delay is caused concurrently by (a) a third party, earthquake, flood, natural 33 disasters, acts of war or acts of terrorism and (b) either the Contractor or the City, then 34 the Contractor or City is only responsible for the amount of Delay it caused in excess of 35 the Delay caused by the a third party, earthquake, flood, natural disasters, acts of war or 36 acts of terrorism. 37 111 38 1-09.11A(3)(E)(1) Adjustment of Contract Sum 39 40 The Contractor shall be entitled to an adjustment of Contract Sum for any Delay 41 concurrently caused by a third party and the City, but only to the extent Contractor 42 clearly and convincingly demonstrates that the City caused the Delay to be longer than it 43 would have been had it been caused solely by the third party. 44 45 1-09.11A(3)(E)(2) Adjustment of Contract Time 46 47 The Contractor shall be entitled to an adjustment of Contract Time for any Delay 48 concurrently caused by a third party and the City, but only to the extent Contractor 49 clearly and convincingly demonstrates that the City caused the Delay to be longer than it 50 would have been had it been caused solely by the third party. 51 I RIVERFRONT DEVELOPMENT NORTH WETLAND COMPLEX 88