Extension of Quotation - M.E. Simpson Co. Inc. - Large Water Meter Testing

Home Browse Search

in, the rest of both contracting parties and the terms and conditions mfthe original contract are held firm. 2. The City. Engineer, and Contractor will hold m meeting following award of the contract. The date mfthe Notice toProceed will beagreed otthat meeting. 3, Contractor ehuU provide o schedule to the Owner prior to begimning any work. X. CHANGE OFCONTRACT TIME A. Prevailing Specifications: 2016, INDOT Standard Specifications Section 108 B, Additions 1. The Contract Time may only be changed by Change 0rder. Any Claim for an extension in the Contract Time shall be based on written notice delivered to the Department of Public Works within seven (7) calendar days of the 000ummmma of the event giving rise to the claim. Notice of the extent of the claim with supporting data shall be delivered within fourteen (14) calendar days after such occurrence unless an official of the Public Works Department allows an additional period of time tpascertain more accurate data, The Contract Time will beextended |nenamount equal ho time lost to delays beyond the control of the Contractor if a claim is made in accordance with this provision. Such delays shall include acts of neglect by the Public Works emp|nyeee, mrtofires, flood, labor disputes, epidemics, abnormal weather conditions, governmental procedures, or acts of God. 2. Unless otherwise provided, the Contract time is based opmm normal weather conditions. An extension is granted for weather conditions significantly more severe than normal if the Contractor demonstrates to the satisfaction of the City that the delay in the prmQneeo of the work was due to such weather. The basis to define normal weather with be the data compiled bythe United States Department of Commerce, National Oceanic and Atmospheric Administration (WDAA). 3, Noextension oftime will begranted ifthe Contractor, byhUs/her/iteown action orinaction, including fault or negligence of Contractor's mubcuotnmotore, caused the de|ay, or for which any remedies are provided under any other provision cfthis agreement, 4, The grant of an extension of time under this Section in no way constitutes a waiver by the City of any rights or remedies existing under this contract at law or in equity. A. Prevailing Specifiootons�2Q1G. |NDOTStondard Specifications Section 108 B. Additions: Events of Default shall include Contractor's failure to perform any ofits obligations under this contract including failure to commence work at the time specified, failure to perform the work in accordance with these specifications, unauthorized discontinuation of the work, failure to carry out the work in e manner acceptable to the City, failure to observe Federal, Shaha. or local pavvo or regulations, and failure (ocomply with any other term ofthis contract. If an Event ofDefault occurs, the City mho|| provide Contractor written notice and may permit Contractor ten (1U)calendar days after the date ofthe notice (ocure the default. |fthe default ia not cured within the ten (10) day cure period, the City may at any time thereafter terminate this contract hmwhich case the termination shall befinal and effective. Upon an Event of Default, the City may invoke the following remedies in addition to those remedies provided under aep�anateprovisions ofthis contract, the right ofset-off against any payments due or to become due to the Contractor against the retainage, the right to take over and complete the Work. If the City notifies Contractor that City in invoking its right hocomplete the Work, all rights that the Contractor has in order under Contractor's subcontracts are assigned to the City, subject to the City'o right to take assignment ofall oronly selected subcontracts at the City'a discretion. The sole obligation accepted by the City under such subcontracts is to pay for Work satisfactorily performed after the date of the aaah0nnmemL In the event conditional aem|0mmmnt has not been executed, the Contractor shall execute orcause to be executed any assignment, agreement, or other document that may be necessary in the sole opinion of legal counsel to the City's Board of Public Works to evidence compliance with this provision. The Contractor shall promptly deliver such documents upon the City's request. In the case of such assignment, unless otherwise agreed in writing, The Contractor remains liability to subcontractors for any payment already involved, and Version 10/18/2016 Page - 3 Public Works Quote