Common use of Claims by the Contractor Clause in Contracts

Claims by the Contractor. Claims by the Contractor against the Owner are subject to the following terms and conditions: (A) All Contractor claims against the Owner shall be initiated by a written claim submitted to the Owner. Such claim shall be received by the Owner no later than seven (7) calendar days after the event, or the first appearance of the circumstances, causing the claim, and same shall set forth in detail all known facts and circumstances supporting the claim; (B) The Contractor and the Owner shall continue their performance hereunder regardless of the existence of any claims submitted by the Contractor; (C) In the event the Contractor discovers previously concealed and unknown site conditions which are materially at variance from those typically and ordinarily encountered in the general geographical location of the Project, the Contract Price shall be modified, either upward or downward, upon the written claim made by either party within seven (7) calendar days after the first appearance to such party of the circumstances. As a condition precedent to the Owner having any liability to the Contractor due to concealed and unknown conditions, the Contractor must give the Owner written notice of, and an opportunity to observe, such condition prior to disturbing it. The failure by the Contractor to give the written notice and make the claim as provided by this Subparagraph 13(C) shall constitute a waiver by the Contractor of any rights arising out of or relating to such concealed and unknown condition; (D) In the event the Contractor seeks to make a claim for an increase in the Contract Price, as a condition precedent to any liability of the Owner therefor, the Contractor shall strictly comply with the requirements of Subparagraph 13(A) above and such claim shall be made by the Contractor before proceeding to execute any additional or changed work. Failure of the condition precedent to occur shall constitute a waiver by the Contractor of any claim for additional compensation; (E) In connection with any claim by the Contractor against the Owner for compensation in excess of the Contract Price, any liability of the Owner for the Contractor's cost shall be strictly limited to direct cost incurred by the Contractor and shall in no event include indirect cost or consequential damages of the Contractor. The Owner shall not be liable to the Contractor for claims of third-parties including subcontractors, unless and until liability of the Contractor has been established therefor in a court of competent jurisdiction; (F) In the event the Contractor should be delayed in performing any task which at the time of the delay is then critical, or which during the delay becomes critical, as the sole result of any act or omission by the Owner or someone acting in the Owner's behalf, or by Owner-authorized Change Orders, unusually bad weather not reasonably anticipatable, fire or other Acts of God, the date for achieving Substantial Completion, or, as applicable, final completion, shall be appropriately adjusted by the Owner upon the written claim of the Contractor to the Owner. A task is critical within the meaning of this Subparagraph 13(F) if, and only if, said task is on the critical path of the Project schedule so that a delay in performing such task will delay the ultimate completion of the Project. Any claim for an extension of time by the Contractor shall strictly comply with the requirements of Subparagraph 13(A) above. If the Contractor fails to make such claim as required in this Subparagraph 13(F), any claim for an extension of time shall be waived.

Claims by the Contractor. Claims by the Contractor against the Owner are subject to the following terms and conditions: (A) A. All Contractor claims against the Owner Owner, except previously concealed and unknown site conditions which are materially at variance from those typically and ordinarily encountered in the general geographic location of the Project, shall be initiated by a written claim submitted to the OwnerOwner and the Design Professional. Such claim shall be received by the Owner and the Design Professional no later than seven (7) calendar days after the event, event or the first appearance of the circumstances, circumstances causing the claim, whichever occurred sooner, and same shall set forth in detail all known facts facts, circumstances, and circumstances supporting the claimdocumentation; (B) The Contractor and the Owner shall continue their performance hereunder regardless of the existence of any claims submitted by the Contractor; (C) B. In the event the Contractor discovers previously concealed and unknown site conditions which are materially at variance from those typically and ordinarily encountered in the general geographical location of the Project, the Contract Price shall be modifiedContractor shall: 1. provide the Owner and Design Professional written notice of such condition, either upward by facsimile transmission or downwardhand delivery, upon within 24 hours after the first appearance to the Contractor of such condition; 2. give the Owner and Design Professional an opportunity to observe such condition prior to disturbing it; 3. file a written claim made by either party with all available facts, circumstances, and supporting documentation with the Owner and Design Professional within seven (7) calendar days after the first appearance to the Contractor of such party of condition, unless such period is otherwise extended by the Owner in writing; and 4. provide all additional facts, circumstances. As a condition precedent , and supporting documentation for such claim to the Owner having any liability to and Design Professional as soon as it is available with the Contractor exercise of due to concealed and unknown conditions, the Contractor must give the Owner written notice of, and an opportunity to observe, such condition prior to disturbing it. The failure by the Contractor to give the written notice and make the claim as provided by this Subparagraph 13(C) shall constitute a waiver by the Contractor of any rights arising out of or relating to such concealed and unknown conditiondiligence; (D) C. In the event the Contractor seeks to make a claim for an increase in against the Contract PriceOwner, as a condition precedent to any liability of the Owner therefor, the Contractor shall strictly comply with the requirements of Subparagraph 13(A) above this Article, and such claim shall be made by the Contractor before proceeding to execute any additional or changed work. Failure of the condition precedent to occur shall constitute a waiver by the Contractor of any claim for additional compensationsuch claim; (E) D. The Contractor and the Owner shall continue their performance hereunder regardless of the existence of any claims submitted by the Contractor; E. In connection with any claim by the Contractor against the Owner for compensation in excess of the Contract Price, any liability of the Owner for the Contractor's ’s cost shall be strictly limited to direct cost incurred by the Contractor as described in Article XV, Section B.2 and shall in no event other than as described in Article XV, Section B.2 include indirect cost or consequential damages of the Contractor. The Owner shall not be liable to the Contractor for claims of third-third- parties including subcontractors, unless and until liability of the Contractor has been established therefor in a court of competent jurisdiction; (F) F. In the event the Contractor should be delayed in performing any task which at the time of the delay is then critical, critical or which during the delay becomes critical, as critical to the sole result of extent attributable to any act or omission by the Owner or someone acting in the Owner's ’s behalf, or by Owner-Owner- authorized Change Orders, unusually bad weather not reasonably anticipatable, fire or other Acts of God, the date for achieving Substantial Completion, or, as applicable, final completionFinal Completion, shall be appropriately adjusted by the Owner upon the written claim of the Contractor to the OwnerOwner and the Design Professional as the Contractor’s sole remedy. A task is critical within the meaning of this Subparagraph 13(F) Section XIII.F if, and only if, said task is on the critical path of the Project schedule so that a delay in performing such task will delay the ultimate completion of the Project. Any claim for an An extension to the Contract Time will be the Contractor’s sole remedy whether or not such delays are foreseeable, unless a delay is caused by acts of time by the Owner constituting active interference with Contractor’s performance of the work, and only to the extent such acts continue after the Contractor furnishes the Owner with written notice of such interference. In no event shall strictly comply the Contractor be entitled to compensation or recovery of any indirect damages in connection with any delay, including, without limitation, consequential damages, lost opportunity costs, impact damages, or other similar remuneration. The Owner’s exercise of any of its rights or remedies under the Contract Documents including, without limitation, ordering changes in the work, direct suspension, rescheduling, or correction of the work and, regardless of the extent or frequency of the Owner’s exercise of such remedies, shall not be construed as active interference with the requirements Contractor’s performance of Subparagraph 13(A) above. the work. G. If the Contractor fails submits a schedule or progress report indicating, or otherwise expressing an intention to make such claim as achieve completion of the work prior to any completion date required in this Subparagraph 13(F)by the Contract Documents or expiration of the Contract Time, no liability of the Owner to the Contractor for any claim for an extension failure of time the Contractor to so complete the work shall be waivedcreated or implied.

Claims by the Contractor. Claims by the Contractor against the Owner City are subject to the following terms and conditions: (A) All Contractor claims against the Owner City shall be initiated by a written claim submitted to the OwnerCity. Such claim shall be received by the Owner City no later than seven (7) calendar days after the event, or the first appearance of the circumstances, causing the claim, and the same shall set forth in detail all known facts and circumstances supporting the claim; (B) The Contractor and the Owner City shall continue their performance hereunder regardless of the existence of any claims submitted by the Contractor;. (C) In the event the Contractor discovers previously concealed and unknown site conditions which are materially at variance from those typically and ordinarily encountered in the general geographical location of the Project, the Contract Price shall be modified, either upward or downward, upon the written claim made by either party within seven (7) calendar days after the first appearance to such party of the circumstances. As a condition precedent to the Owner City having any liability to the Contractor due to concealed and unknown conditions, the Contractor must give the Owner City written notice of, and an opportunity to observe, such condition prior to disturbing it. The failure by the Contractor to give the written notice and make the claim as provided by this Subparagraph 13(C15(c) shall constitute a waiver by the Contractor of any rights arising out of or relating to such concealed and unknown condition;. (D) In the event the Contractor seeks to make a claim for an increase in the Contract Price, as a condition precedent to any liability of the Owner City therefor, the Contractor shall strictly comply with the requirements of Subparagraph 13(A15(A) above and such claim shall be made by the Contractor before proceeding to execute any additional or changed change work. Failure of the condition precedent to occur shall constitute a waiver by the Contractor of any claim for additional compensation;. (E) In connection with any claim by the Contractor against the Owner City for compensation in excess of the Contract Price, any liability of the Owner City for the Contractor's ’s cost shall be strictly limited to direct cost incurred by the Contractor and shall in no event include indirect cost or consequential damages of the Contractor. The Owner City shall not be liable to the Contractor for claims of third-parties including subcontractors, unless and until liability of the Contractor has been established therefor in a court of competent jurisdiction;. (F) In the event the Contractor should shall be delayed in performing any task which at the time of the delay is then critical, or which during the delay becomes critical, as the sole result of any act or omission by the Owner City or someone acting in the Owner's City’s behalf, or by OwnerCity-authorized Change Orders, unusually bad weather not reasonably anticipatable, fire or other Acts of God, the date for achieving Substantial Completion, or, as applicable, final completion, shall be appropriately adjusted by the Owner City upon the written claim of the Contractor to the OwnerCity. A task is critical within the meaning of this Subparagraph 13(F15(A) if, and only if, said task is on the critical path of the Project schedule so that a delay in performing such task will delay the ultimate completion of the Project. Any claim for an extension of time by the Contractor shall strictly comply with the requirements of Subparagraph 13(A15(A) above. If the Contractor fails to make such claim as required in this Subparagraph 13(F15(F), any claim for an extension of time shall be waived.

Claims by the Contractor. Claims must be initiated within 15 days after the occurrence of the event giving rise to such Claim or such Claim shall be deemed to be waived. In the case of hazardous materials discovered by testing stockpiled soil on the Contractor against site, the Owner are subject occurrence of the event giving rise to the following terms and conditions: (A) All Contractor claims against Claim shall be the Owner shall time of testing of such soil. THE OWNER AND THE CONTRACTOR EXPRESSLY AGREE THAT FAILURE TO INITIATE A CLAIM WITHIN THE TIME LIMITS SPECIFIED SHALL RESULT IN SUCH CLAIM BEING WAIVED. Claims must be initiated by written notice containing a written clear statement of the basis of the claim submitted (sent to the Owner. Such claim addresses in the Contract) and the relief sought by the claimant to the extent it is then known, and such notice shall be received by provided to the Architect and Owner no later than seven (7) calendar days after the event, or the first appearance of the circumstances, causing the claim, and same shall set forth in detail all known facts and circumstances supporting the claim; (B) The Contractor and the Owner shall continue their performance hereunder regardless of the existence of any claims submitted by the Contractor; (C) In the event be prominently labeled “CONSTRUCTION CONTRACT CLAIM.” If the Contractor discovers previously concealed and unknown site conditions which are materially at variance from those typically and ordinarily encountered in the general geographical location of the Project, the Contract Price shall be modified, either upward or downward, upon the written claim made by either party within seven (7) calendar days after the first appearance to such party of the circumstances. As makes a condition precedent to the Owner having any liability to the Contractor due to concealed and unknown conditions, the Contractor must give the Owner written notice of, and an opportunity to observe, such condition prior to disturbing it. The failure by the Contractor to give the written notice and make the claim as provided by this Subparagraph 13(C) shall constitute a waiver by the Contractor of any rights arising out of or relating to such concealed and unknown condition; (D) In the event the Contractor seeks to make a claim Claim for an increase in the Contract Price, as a condition precedent to any liability of the Owner thereforTime, the Contractor shall strictly comply with include an estimate of the requirements probable effect of Subparagraph 13(A) above delay on progress of the Work; and such claim shall be made by if the Contractor before proceeding to execute any additional or changed work. Failure of makes a Claim for an increase in the condition precedent to occur shall constitute a waiver by Contract Sum the Contractor shall include an estimate of any claim for additional compensation; (E) In connection with any claim by the Contractor against the Owner for compensation in excess of the Contract Price, any liability of the Owner for the Contractor's cost shall be strictly limited to direct cost incurred by the Contractor and shall in no event include indirect cost or consequential damages of the Contractorsuch increase. The Owner Contractor shall not be liable to have the Contractor for claims burden of third-parties including subcontractors, unless and until liability of demonstrating the Contractor has been established therefor in a court of competent jurisdiction; (F) In the event the Contractor should be delayed in performing any task which at the time of the delay is then critical, or which during the delay becomes critical, as the sole result of any act or omission by the Owner or someone acting in the Owner's behalf, or by Owner-authorized Change Orders, unusually bad weather not reasonably anticipatable, fire or other Acts of God, the date for achieving Substantial Completion, or, as applicable, final completion, shall be appropriately adjusted by the Owner upon the written claim of the Contractor to the Owner. A task is critical within the meaning of this Subparagraph 13(F) if, and only if, said task is effect on the critical path of construction and the Project schedule so that a delay Date of Substantial Completion and on the Contract Sum and shall furnish the Architect and Owner with such documentation relating thereto as the Architect and Owner may reasonably require. Notwithstanding anything in performing the Contract to the contrary, with respect to any Contractor’s request for any increase in the Contract Sum, (a) Any such task will delay request shall be made only in writing and shall prominently state at the ultimate completion top of the Projectrequest “CONSTRUCTION CONTRACT CLAIM. Any claim for an extension of time by THIS IS A REQUEST FOR AN INCREASE IN THE CONTRACT SUM”, shall be sent to Owner at the Contractor address set forth in the Contract as well as to the Architect, and shall strictly comply with all of the terms and conditions of the Contract regarding Claims and/or Change Orders and Construction Change Directives. Nothing herein shall authorize the Contractor to submit any such request that does not meet the requirements of Subparagraph 13(Athe Contract, nor require that the Owner approve all or any part of such request that does not meet such requirements; (b) aboveAny such request shall be approved or rejected, whether in whole or in part, within thirty (30) days after the later of (i) commencement of the performance of the Work on which the request is based, or (ii) receipt of the Owner of such written request; (c) Rejection of the Contractor’s request, whether in whole or in part, shall be made in writing and shall include an explanation of the factual and contractual basis for the rejection, and shall be certified as made in good faith. If Any rejection in whole or in part by the Architect is agreed by the Contractor fails to make such claim as required in this Subparagraph 13(F), any claim have been taken for an extension and on behalf of time the Owner. Any rejection shall be waivedsubject to the applicable dispute resolution procedure set forth in the Contract.

Claims by the Contractor. Claims by the Contractor against the Owner are subject to the following terms and conditions: (A) All Contractor claims against the Owner shall be initiated by a written claim submitted to the OwnerOwner and the Manager. Such claim shall be received by the Owner and the Manager no later than seven (7) calendar days after the event, or the first appearance of the circumstances, causing the claim, and same shall set forth in detail all known facts and circumstances supporting the claim; (B) The Contractor and the Owner shall continue their performance hereunder regardless of the existence of any claims submitted by the Contractor; (C) In the event the Contractor discovers previously concealed and unknown site conditions which are materially at variance from those typically and ordinarily encountered in the general geographical location of the Project, the Contract Price shall be modified, either upward or downward, upon the written claim made by either party within seven (7) calendar days after the first appearance to such party of the circumstances. As a condition precedent to the Owner having any liability to the Contractor due to concealed and unknown conditions, the Contractor must give the Owner and the Manager written notice of, and an opportunity to observe, such condition prior to disturbing it. The failure by the Contractor to give the written notice and make the claim as provided by this Subparagraph 13(C) shall constitute a waiver by the Contractor of any rights arising out of or relating to such concealed and unknown condition; (D) In the event the Contractor seeks to make a claim for an increase in the Contract Price, as a condition precedent to any liability of the Owner therefortherefore, the Contractor shall strictly comply with the requirements of Subparagraph 13(A) above and such claim shall be made by the Contractor before proceeding to execute any additional or changed work. Failure of the condition precedent to occur shall constitute a waiver by the Contractor of any claim for additional compensation; (E) In connection with any claim by the Contractor against the Owner for compensation in excess of the Contract Price, any liability of the Owner for the Contractor's cost shall be strictly limited to direct cost incurred by the Contractor and shall in no event include indirect cost or consequential damages of the Contractor. The Owner shall not be liable to the Contractor for claims of third-parties including subcontractors, unless and until liability of the Contractor has been established therefor therefore in a court of competent jurisdiction; (F) In the event the Contractor should be delayed in performing any task which at the time of the delay is then critical, or which during the delay becomes critical, as the sole result of any act or omission by the Owner or someone acting in the Owner's behalf, or by Owner-authorized Change Orders, unusually bad weather not reasonably anticipatable, fire or other Acts of God, the date for achieving Substantial CompletionFinal completion, or, as applicable, final completionFinal Completion, shall be appropriately adjusted by the Owner upon the written claim of the Contractor to the OwnerOwner and the Manager. A task is critical within the meaning of this Subparagraph 13(F) if, and only if, said task is on the critical path of the Project schedule so that a delay in performing such task will delay the ultimate completion of the Project. Any claim for an extension of time by the Contractor shall strictly comply with the requirements of Subparagraph 13(A) above. If the Contractor fails to make such claim as required in this Subparagraph 13(F), any claim for an extension of time shall be waived.

Claims by the Contractor. Claims by the Contractor against the Owner are subject to the following terms and conditions: (A) All Contractor claims against the Owner shall be initiated by a written claim submitted to the OwnerOwner and the Engineer. Such claim shall be received by the Owner and the Engineer no later than seven (7) calendar days after the event, or the first appearance of the circumstances, causing the claim, and same shall set forth in detail all known facts and circumstances supporting the claim; (B) The Contractor and the Owner shall continue their performance hereunder regardless of the existence of any claims submitted by the Contractor; (C) In the event the Contractor discovers previously concealed and unknown site conditions which are materially at variance from those typically and ordinarily encountered in the general geographical location of the Project, the Contract Price shall be modified, either upward or downward, upon the written claim made by either party within seven (7) calendar days after the first appearance to such party of the circumstances. As a condition precedent to the Owner having any liability to the Contractor due to concealed and unknown conditions, the Contractor must give the Owner and the Engineer written notice of, and an opportunity to observe, such condition prior to disturbing it. The failure by the Contractor to give the written notice and make the claim as provided by this Subparagraph 13(C) shall constitute a waiver by the Contractor of any rights arising out of or relating to such concealed and unknown condition; (D) In the event the Contractor seeks to make a claim for an increase in the Contract Price, as a condition precedent to any liability of the Owner therefortherefore, the Contractor shall strictly comply with the requirements of Subparagraph 13(A) above and such claim shall be made by the Contractor before proceeding to execute any additional or changed work. Failure of the condition precedent to occur shall constitute a waiver by the Contractor of any claim for additional compensation; (E) In connection with any claim by the Contractor against the Owner for compensation in excess of the Contract Price, any liability of the Owner for the Contractor's cost shall be strictly limited to direct cost incurred by the Contractor and shall in no event include indirect cost or consequential damages of the Contractor. The Owner shall not be liable to the Contractor for claims of third-parties including subcontractors, unless and until liability of the Contractor has been established therefor therefore in a court of competent jurisdiction; (F) In the event the Contractor should be delayed in performing any task which at the time of the delay is then critical, or which during the delay becomes critical, as the sole result of any act or omission by the Owner or someone acting in the Owner's behalf, or by Owner-authorized Change Orders, unusually bad weather not reasonably anticipatable, fire or other Acts of God, the date for achieving Substantial Completion, or, as applicable, final completion, shall be appropriately adjusted by the Owner upon the written claim of the Contractor to the OwnerOwner and the Engineer. A task is critical within the meaning of this Subparagraph 13(F) if, and only if, said task is on the critical path of the Project schedule so that a delay in performing such task will delay the ultimate completion of the Project. Any claim for an extension of time by the Contractor shall strictly comply with the requirements of Subparagraph 13(A) above. If the Contractor fails to make such claim as required in this Subparagraph 13(F), any claim for an extension of time shall be waived.

Claims by the Contractor. Claims by the Contractor against the Owner are subject to the following terms and conditions: (A) 12.1. All Contractor claims against the Owner shall be initiated by a written notice and claim submitted to the OwnerCity Public Works Field Superintendent. Such written notice and claim shall must be received by the Owner no later than furnished within seven (7) calendar days after occurrence of the event, or the first appearance of the circumstancescondition, causing giving rise to the claim, and same shall set forth in detail all known facts and circumstances supporting the claim;. (B) 12.2. The Contractor shall diligently proceed with performance of this Contract whether or not there be such a claim pending and the Owner City shall continue their performance hereunder regardless of to make payments to the existence Contractor in accordance with this Contract. The resolution of any claims submitted claim shall be reflected by a Change Order executed by the City, the City Public Works Field Superintendent and the Contractor;. (C) In the event the Contractor discovers previously 12.3. Should concealed and unknown site conditions which are could not, with reasonable diligence, have been discovered in the performance of the Work (a) below the surface of the ground or (b) in an existing structure differ materially at variance with the conditions indicated by this Contract, or should unknown conditions of an unusual nature differing materially from those typically and ordinarily encountered in the general geographical location area and generally recognized as inherent in Work of the Projectcharacter provided by this Contract, be encountered, the Contract Price shall be modified, either upward or downward, equitably adjusted by the Change Order upon the written notice and claim made by either party made within seven (7) calendar days after the first appearance to such party observance of the circumstancescondition. As a condition precedent to the Owner City having any liability to the Contractor due to for concealed and or unknown conditions, the Contractor must give the Owner City written notice of, and an opportunity to observe, such the condition prior to disturbing it. The failure by the Contractor to give make the written notice and make the claim as provided by in this Subparagraph 13(C) shall constitute a waiver by the Contractor of any rights claim arising out of or relating to such concealed and or unknown condition;. (D) In the event 12.4. If the Contractor seeks wishes to make a claim for an increase in the Contract Price, as a condition precedent to any liability of the Owner thereforCity therefore, the Contractor shall strictly comply with give the requirements City written notice of Subparagraph 13(A) above and such claim within seven (7) days after the occurrence of the event, or the first appearance of the condition, giving rise to such claim. Such notice shall be made given by the Contractor before proceeding to execute any additional or Tree Trimming September 2011 changed workWork. Failure of The failure by the condition precedent Contractor to occur give such notice and to give such notice prior to executing the Work shall constitute a waiver by the Contractor of any claim for additional compensation;. 12.5. The City reserves the right to increase or decrease quantities, and alter the details of construction including grade and alignment as the City Public Works Field Superintendent may consider necessary or desirable, by approved Change Order. Such modifications shall not invalidate the Contract nor release the surety. Unless such alterations and increases or decreases change the total cost of the Work, based on the originally estimated quantities and the unit prices bid, by more than 25 percent, or change the total cost of any major item, based on the originally estimated quantities and the unit price bid, by more than 25 percent, the Contractor shall perform the work altered, increased or decreased, at a negotiated price or prices. (E) A major item shall mean any bid item, the total cost of which exceeds 12-1/2 percent of the total Contract amount based on the proposed quantity and the contract unit price). 12.6. When the alterations cause an increase or decrease in excess of the 25 percent indicated above, either the Contractor or the City Public Works Field Superintendent may request an adjustment of the unit price to be paid for the item or items. 12.7. If a mutually agreeable adjustment cannot be obtained, the City reserves the right to terminate the Contract as it applies to the items in question and make such arrangements as may be deemed necessary to complete the Work. 12.8. In connection with any claim by the Contractor against the Owner City for compensation in excess of the Contract Price, any liability of the Owner City for the Contractor's cost costs shall be strictly limited to direct cost costs incurred by the Contractor and shall in no event include standby costs, indirect cost costs or consequential damages of the Contractor. The Owner City shall not be liable to the Contractor for claims of third-parties including subcontractors, unless and until liability of third parties. 12.9. If the Contractor has been established therefor in a court of competent jurisdiction; (F) In the event the Contractor should be is delayed in performing progressing any task which at the time of the delay is then critical, critical or which during the delay becomes critical, as the sole result of any act or omission neglect to act by the Owner City or someone acting in the OwnerCity's behalf, or by Owner-authorized Change Orderschanges ordered in the Work, unusual delay in transportation, unusually bad adverse weather conditions not reasonably anticipatableanticipated, fire or other Acts of Godany causes beyond the Contractor's control, then the date for achieving Substantial Completion, or, as applicable, final completion, Final Acceptance of the Work shall be appropriately adjusted by the Owner extended upon the written notice and claim of the Contractor to the Owner. A task is critical within City, for such reasonable time as the meaning of this Subparagraph 13(F) if, and only if, said task is on the critical path of the Project schedule so that a delay in performing such task will delay the ultimate completion of the ProjectCity may determine. Any notice and claim for an extension of time by the Contractor shall strictly comply with be made not more than seven (7) calendar days after the requirements occurrence of Subparagraph 13(A) abovethe event or the first appearance of the condition giving rise to the claim and shall set forth in detail the Contractor's basis for requiring additional time in which to complete the Work. In the event the delay to the Contractor is a continuing one, only one notice and claim for additional time shall be necessary. If the Contractor fails to make such claim as required in this Subparagraph 13(F)subparagraph, any claim for an extension of time shall be waived. 12.10. The Contractor shall delay or suspend the progress of the work or any part thereof, whenever so required by written order of the City, and for such periods of time as required; provided, that in the event of such delay or delays or of such suspension or suspensions of the progress of the work, or any part thereof, the time for completion of work so suspended or of work so delayed by such suspension or suspensions shall be extended for a period equivalent to the time lost by reason of such suspension or suspensions; but such order of the City or City Public Works Field Superintendent shall not otherwise modify or invalidate in any way, any of the provisions of this Contract. In the event that the work shall be stopped by written order of the City, any expense which, in the sole opinion and judgment of the City, is caused by the City, shall be paid by the City to the Contractor. Tree Trimming September 2011 12.11. In executing the Contract Documents, the Contractor expressly covenants and agrees that, in undertaking to complete the Work within the time herein fixed, it has taken into consideration and made allowances for all hindrances and delays incident to such work, whether growing out of delays in securing materials or workers or otherwise. No charge shall be made by the Contractor for hindrances or delays from any cause during the progress of the work, or any portion thereof, included in this Contract, except as provided herein. 12.12. In addition to the Project Manual particular to Mobilization found elsewhere in this document, additional mobilization shall not be compensable for work outside of the designated areas for work deemed essential by the Owner. A quantity of work equal to as much as 10% of the total Contract may be required to be performed beyond the boundaries of the designated work areas 13. CHANGES IN THE WORK. 13.1. Changes in the Work within the general scope of this Contract, consisting of additions, deletions, revisions, or any combination thereof, may be ordered without invalidating this Contract, by Change Order or by Field Order. 13.2. The City Public Works Field Superintendent shall have authority to order minor changes in the Work not involving a change in the Contract Price or in Contract Time and not inconsistent with the intent of the Contract. Such changes shall be effected by verbal direction and then recorded on a Field Order and shall be binding upon the Contractor. The Contractor shall carry out such Field Orders promptly. 13.3. Any change in the Contract Price resulting from a Change Order shall be) by mutual agreement between the City and the Contractor as evidenced by the change in the Contract Price being set forth in the Change Order, and, together with any conditions or requirements related thereto, being initialed by both parties. 13.4. If no mutual agreement occurs between the City and the Contractor relative to a change in the Work, the Contractor shall proceed with the work that is the subject of the Change Order, and the change in the Contract Price, if any, shall then be determined by the City Public Works Field Superintendent on the basis of the reasonable expenditures or savings of those performing, deleting or revising the Work attributable to the change, including, in the case of an increase or decrease in the Contract Price, a reasonable allowance for direct job site overhead and profit. In such case, the Contractor shall present, in such form and with such content to the City, as the City Public Works Field Superintendent requires, an itemized accounting of such expenditures or savings, plus appropriate supporting data for inclusion in a Change Order. Reasonable expenditures or savings shall be limited to the following: reasonable costs of materials, supplies or equipment, including delivery costs, reasonable costs of labor, including social security, old age and unemployment insurance, fringe benefits required by agreement or custom, and worker's compensation insurance, reasonable rental costs of machinery and equipment exclusive of hand tools, whether rented from the Contractor or others, permit fees, and sales, use or other taxes related to the Work, and reasonable cost of direct supervision and job site field office overhead directly attributable to the change. In no event shall any standby time or any expenditure or savings associated with the Contractor's home office or other non-job site overhead expense be included in any change in the Contract Price. Further, in no event shall the Contractor's overhead expense exceed ten (10%) percent of the reasonable expenditures. Pending final determination of reasonable expenditures or savings to the City, payments on Tree Trimming September 2011 account shall be made to the Contractor on the City Public Works Field Superintendent's Certificate for Payment. 13.5. If unit prices are provided in the Contract, and if the quantities contemplated are so changed in a proposed Change Order that the application of such unit prices to the quantities of Work proposed will cause substantial inequity to the City or to the Contractor, the applicable unit prices shall be equitably adjusted. 13.6. The execution of a Change Order by the Contractor shall constitute conclusive evidence of the Contractor's agreement to the ordered changes in the Work, this Contract as thus amended, the Contract Price and the Contract Time. The Contractor, by executing the Change Order, waives and forever releases any claim including impact against the City for additional time or compensation for matters relating to or arising out of or resulting from the Work included within or affected by the executed Change Order.

Claims by the Contractor. Claims by the Contractor against the Owner are subject to the following terms and conditions: (A) All Contractor claims against the Owner shall be initiated by a written claim submitted to the Owner. Such claim shall be received by the Owner no later than seven (7) calendar days after the event, or the first appearance of the circumstances, causing the claim, and same shall set forth in detail all known facts and circumstances supporting the claim; (B) The Contractor and the Owner shall continue their performance hereunder regardless of the existence of any claims submitted by the Contractor; (C) In the event the Contractor discovers previously concealed and unknown site conditions which are materially at variance from those typically and ordinarily encountered in the general geographical location of the Project, the Contract Price shall be modified, either upward or downward, upon the written claim made by either party within seven (7) calendar days after the first appearance to such party of the circumstances. As a condition precedent to the Owner having any liability to the Contractor due to concealed and unknown conditions, the Contractor must give the Owner written notice of, and an opportunity to observe, such condition prior to disturbing it. The failure by the Contractor to give the written notice and make the claim as provided by this Subparagraph 13(C) shall constitute a waiver by the Contractor of any rights arising out of or relating to such concealed and unknown condition; (D) In the event the Contractor seeks to make a claim for an increase in the Contract Price, as a condition precedent to any liability of the Owner therefor, the Contractor shall strictly comply with the requirements of Subparagraph 13(A) above and such claim shall be made by the Contractor before proceeding to execute any additional or changed work. Failure of the condition precedent to occur shall constitute a waiver by the Contractor of any claim for additional compensation; (E) In connection with any claim by the Contractor against the Owner for compensation in excess of the Contract Price, any liability of the Owner for the Contractor's cost shall be strictly limited to direct cost incurred by the Contractor and shall in no event include indirect cost or consequential damages of the Contractor. The Owner shall not be liable to the Contractor for claims of third-parties including subcontractors, unless and until liability of the Contractor has been established therefor in a court of competent jurisdiction; (F) In the event the Contractor should be delayed in performing any task which at the time of the delay is then critical, or which during the delay becomes critical, as the sole result of any act or omission by the Owner or someone acting in the Owner's behalf, or by Owner-authorized Change Orders, unusually bad weather not reasonably anticipatable, fire or other Acts of God, the date for achieving Substantial Completion, or, as applicable, final completion, shall be appropriately adjusted by the Owner upon the written claim of the Contractor to the Owner. A task is critical within the meaning of this Subparagraph 13(F) if, and only if, said task is on the critical path of the Project schedule so that a delay in performing such task will delay the ultimate completion of the Project. Any claim for an extension of time by the Contractor shall strictly comply with the requirements of Subparagraph 13(A) above. If the Contractor fails to make such claim as required in this Subparagraph 13(F), any claim for an extension of time shall be waived.

Claims by the Contractor. Claims by the Contractor against the Owner are subject to the following terms and conditions: (A) All Contractor claims against the Owner shall be initiated by a written claim submitted to the OwnerOwner and the Architect. Such claim shall be received by the Owner and the Architect no later than seven (7) calendar days after the event, or the first appearance of the circumstances, causing the claim, and same shall set forth in detail all known facts and circumstances supporting the claim; (B) The Contractor and the Owner shall continue their performance hereunder regardless of the existence of any claims submitted by the Contractor; (C) In the event the Contractor discovers previously concealed and unknown site conditions which are materially at variance from those typically and ordinarily encountered in the general geographical location of the Project, the Contract Price shall be modified, either upward or downward, upon the written claim made by either party within seven (7) calendar days after the first appearance to such party of the circumstances. As a condition precedent to the Owner having any liability to the Contractor due to concealed and unknown conditions, the Contractor must give the Owner and the Architect written notice of, and an opportunity to observe, such condition prior to disturbing it. The failure by the Contractor to give the written notice and make the claim as provided by this Subparagraph 13(C) shall constitute a waiver by the Contractor of any rights arising out of or relating to such concealed and unknown condition; (D) In the event the Contractor seeks to make a claim for an increase in the Contract Price, as a condition precedent to any liability of the Owner therefortherefore, the Contractor shall strictly comply with the requirements of Subparagraph 13(A) above and such claim shall be made by the Contractor before proceeding to execute any additional or changed work. Failure of the condition precedent to occur shall constitute a waiver by the Contractor of any claim for additional compensation; (E) In connection with any claim by the Contractor against the Owner for compensation in excess of the Contract Price, any liability of the Owner for the Contractor's cost shall be strictly limited to direct cost incurred by the Contractor and shall in no event include indirect cost or consequential damages of the Contractor. The Owner shall not be liable to the Contractor for claims of third-parties including subcontractors, unless and until liability of the Contractor has been established therefor therefore in a court of competent jurisdiction; (F) In the event the Contractor should be delayed in performing any task which at the time of the delay is then critical, or which during the delay becomes critical, as the sole result of any act or omission by the Owner or someone acting in the Owner's behalf, or by Owner-authorized Change Orders, unusually bad weather not reasonably anticipatable, fire or other Acts of God, the date for achieving Substantial Completion, or, as applicable, final completion, shall be appropriately adjusted by the Owner upon the written claim of the Contractor to the OwnerOwner and the Architect. A task is critical within the meaning of this Subparagraph 13(F) if, and only if, said task is on the critical path of the Project schedule so that a delay in performing such task will delay the ultimate completion of the Project. Any claim for an extension of time by the Contractor shall strictly comply with the requirements of Subparagraph 13(A) above. If the Contractor fails to make such claim as required in this Subparagraph 13(F), any claim for an extension of time shall be waived.

Claims by the Contractor. Claims by the Contractor against the Owner are subject to the following terms and conditions: (A) A. All Contractor claims against the Owner Owner, except previously concealed and unknown site conditions which are materially at variance from those typically and ordinarily encountered in the general geographic location of the Project, shall be initiated by a written claim submitted to the OwnerOwner and the Architect. Such claim shall be received by the Owner and the Architect no later than seven (7) calendar days after the event, event or the first appearance of the circumstances, circumstances causing the claim, whichever occurred sooner, and same shall set forth in detail all known facts facts, circumstances, and circumstances supporting the claimdocumentation; (B) The Contractor and the Owner shall continue their performance hereunder regardless of the existence of any claims submitted by the Contractor; (C) B. In the event the Contractor discovers previously concealed and unknown site conditions which are materially at variance from those typically and ordinarily encountered in the general geographical location of the Project, the Contract Price shall be modifiedContractor shall: 1. provide the Owner and Architect written notice of such condition, either upward by facsimile transmission or downwardhand delivery, upon within 24 hours after the first appearance to the Contractor of such condition; 2. give the Owner and Architect an opportunity to observe such condition prior to disturbing it; 3. file a written claim made by either party with all available facts, circumstances, and supporting documentation with the Owner and Architect within seven (7) calendar days after the first appearance to the Contractor of such party of condition, unless such period is otherwise extended by the Owner in writing; and 4. provide all additional facts, circumstances. As a condition precedent , and supporting documentation for such claim to the Owner having any liability to and Architect as soon as it is available with the Contractor exercise of due to concealed and unknown conditions, the Contractor must give the Owner written notice of, and an opportunity to observe, such condition prior to disturbing it. The failure by the Contractor to give the written notice and make the claim as provided by this Subparagraph 13(C) shall constitute a waiver by the Contractor of any rights arising out of or relating to such concealed and unknown conditiondiligence; (D) C. In the event the Contractor seeks to make a claim for an increase in against the Contract PriceOwner, as a condition precedent to any liability of the Owner therefor, the Contractor shall strictly comply with the requirements of Subparagraph 13(A) above this Article, and such claim shall be made by the Contractor before proceeding to execute any additional or changed work. Failure of the condition precedent to occur shall constitute a waiver by the Contractor of any claim for additional compensationsuch claim; (E) D. The Contractor and the Owner shall continue their performance hereunder regardless of the existence of any claims submitted by the Contractor; E. In connection with any claim by the Contractor against the Owner for compensation in excess of the Contract Price, any liability of the Owner for the Contractor's ’s cost shall be strictly limited to direct cost incurred by the Contractor as described in Article XV, Section B.2 and shall in no event other than as described in Article XV, Section B.2 include indirect cost or consequential damages of the Contractor. The Owner shall not be liable to the Contractor for claims of third-third- parties including subcontractors, unless and until liability of the Contractor has been established therefor in a court of competent jurisdiction; (F) F. In the event the Contractor should be delayed in performing any task which at the time of the delay is then critical, critical or which during the delay becomes critical, as critical to the sole result of extent attributable to any act or omission by the Owner or someone acting in the Owner's ’s behalf, or by Owner-Owner- authorized Change Orders, unusually bad weather not reasonably anticipatable, fire or other Acts of God, the date for achieving Substantial Completion, or, as applicable, final completionFinal Completion, shall be appropriately adjusted by the Owner upon the written claim of the Contractor to the OwnerOwner and the Architect as the Contractor’s sole remedy. A task is critical within the meaning of this Subparagraph 13(F) if, and only if, said task is on the critical path of the Project schedule so that a delay in performing such task will delay the ultimate completion of the Project. Any claim for an extension of time by the Contractor shall strictly comply with the requirements of Subparagraph 13(A) above. If the Contractor fails to make such claim as required in this Subparagraph 13(F), any claim for an extension of time shall be waived.Section

Claims by the Contractor. Claims by the Contractor against the Owner are subject to the following terms and conditions: (A) All Contractor claims against the Owner shall be initiated by a written claim submitted to the OwnerOwner and the Project Manager. Such claim shall be received by the Owner and the Project Manager no later than seven (7) calendar days after the event, or the first appearance of the circumstances, causing the claim, and same shall set forth in detail all known facts and circumstances supporting the claim; (B) The Contractor and the Owner shall continue their performance hereunder regardless of the existence of any claims submitted by the Contractor; (C) In the event the Contractor discovers previously concealed and unknown site conditions which are materially at variance from those typically and ordinarily encountered in the general geographical location of the Project, the Contract Price shall be modified, either upward or downward, upon the written claim made by either party within seven (7) calendar days after the first appearance to such party of the circumstances. As a condition precedent to the Owner having any liability to the Contractor due to concealed and unknown conditions, the Contractor must give the Owner and the Project Manager written notice of, and an opportunity to observe, such condition prior to disturbing it. The failure by the Contractor to give the written notice and make the claim as provided by this Subparagraph 13(C) shall constitute a waiver by the Contractor of any rights arising out of or relating to such concealed and unknown condition; (D) In the event the Contractor seeks to make a claim for an increase in the Contract Price, as a condition precedent to any liability of the Owner therefortherefore, the Contractor shall strictly comply with the requirements of Subparagraph 13(A) above and such claim shall be made by the Contractor before proceeding to execute any additional or changed work. Failure of the condition precedent to occur shall constitute a waiver by the Contractor of any claim for additional compensation; (E) In connection with any claim by the Contractor against the Owner for compensation in excess of the Contract Price, any liability of the Owner for the Contractor's cost shall be strictly limited to direct cost incurred by the Contractor and shall in no event include indirect cost or consequential damages of the Contractor. The Owner shall not be liable to the Contractor for claims of third-parties including subcontractors, unless and until liability of the Contractor has been established therefor therefore in a court of competent jurisdiction; (F) In the event the Contractor should be delayed in performing any task which at the time of the delay is then critical, or which during the delay becomes critical, as the sole result of any act or omission by the Owner or someone acting in the Owner's behalf, or by Owner-authorized Change Orders, unusually bad weather not reasonably anticipatable, fire or other Acts of God, the date for achieving Substantial Completion, or, as applicable, final completion, shall be appropriately adjusted by the Owner upon the written claim of the Contractor to the OwnerOwner and the Project Manager. A task is critical within the meaning of this Subparagraph 13(F) if, and only if, said task is on the critical path of the Project schedule so that a delay in performing such task will delay the ultimate completion of the Project. Any claim for an extension of time by the Contractor shall strictly comply with the requirements of Subparagraph 13(A) above. If the Contractor fails to make such claim as required in this Subparagraph 13(F), any claim for an extension of time shall be waived.