Res 1999-107 - Laserfiche WebLink

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1 or civil unrest and other perils covered by the City's insurance; 2 2. A change in Applicable Law; 3 3. The failure of any appropriate governmental agency or private utility to provide 4 and maintain utilities that serve the Project; 5 4. Any failure of title to the Project or any placement of enforcement of any lien, 6 charge or encumbrance on the Project or on any improvements thereon that is not 7 consented to in writing by, or arising out of any action or contract entered into by, 8 either party to the Contract; 9 5. The preemption, confiscation, diversion, destruction, or other interference in 10 possession or performance of materials or services by or on behalf of a governmental 11 body in connection with a declared or asserted public emergency, or any 12 condemnation or other taking by eminent domain or similar action of any portion of 13 the Proj ect; 14 6. The presence at the Project of any of the following that substantially impacts the 15 Project: (a) subsurface structures, materials or conditions having historical, 16 geological, archeological, religious or similar significance; (b) the habitat of an 17 endangered or protected species; or (c) functioning subsurface structures used by 18 utilities on, underneath, near or adjacent to the Project; and 19 7. Failure of the raw water intake or delivery system to provide raw water to the 20 Project. 21 B. Exclusions. None of the following acts, events, or conditions shall constitute an 22 Uncontrollable Circumstance: 23 1. General economic conditions, interest or inflation rate fluctuations, commodity 24 prices or changes in prices, or currency or exchange rate fluctuations; 25 2. Changes in the financial condition of the City, GBRA, or any of their affiliates or 26 subcontractors; 27 3. Union work rules or prevailing wage rates which increase GBRA' s operating costs 28 for the Project; 29 4. Any impact of prevailing wage laws on GBRA's costs; 30 5. The consequences of GBRA error, including any errors of GBRA affiliates or 31 subcontractors; 32 6. Failure of GBRA to obtain or maintain any permit or approval or to satisfy 33 Applicable Law, unless caused by an Uncontrollable Circumstance; 34 7. Failure or delay of any subcontractor or supplier to furnish labor, services, 35 materials, or equipment; 36 8. Strikes, work stoppages or labor disputes; 37 9. Personnel turnover, inexperienced personnel, or other personnel related 38 difficulties; 39 10. Equipment failure (unless caused by an Uncontrollable Circumstance); 40 11. Litigation involving GBRA; and 41 12. Changes in state or tederal tax law. 42 SAN MARcos REGIONAL SURF ACE WATER TREATMENT PLANT OPERATIO:\l CONTRACT 5-6-99 PAGE 15