PPT Slide
Alameda Corridor Transportation Authority
The contract allocates specific risks to ACTA and Contractor
- Changes which it directs--direction can be made only by the General Manager or his designee
- Delays which it causes and delays by railroads in design reviews
- “Necessary basic configuration” changes
- “Main or Trunkline” Utilities not identified in ACTA’s utility survey
- Narrowly defined major “Force Majeure” events including
- Major earthquakes
- Epidemics, wars, civil commotion
- Hazardous Substances spills
- Changes in the law
- Lawsuits
- Completing the Project on time
- Faulty design (except that ACTA and the Contractor share the risk of faulty design of the Bypass Track)
- Other events beyond the parties’ control, including:
- Malicious acts
- Strikes, labor disputes
- Suspension or failure to obtain permits and approvals
- Changes in local agency standards