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Opening of Quotes & Award -SRTS Our Lady of Hungary Tree Removal Proj No. 122-007B - KC Tree, Inc.
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Opening of Quotes & Award -SRTS Our Lady of Hungary Tree Removal Proj No. 122-007B - KC Tree, Inc.
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Board of Public Works
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Projects
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2/13/2024
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<br />Version 9/29/2021 Page - 3 Public Works Quote <br />3. Contractor shall provide a schedule to the Owner prior to beginning any work on the site. <br /> <br />X. CHANGE OF CONTRACT TIME <br /> <br />A. Prevailing Specifications: 2022, INDOT Standard Specifications Section 108 <br />B. Additions <br /> <br />1. The Contract Time may only be changed by Change Order. Any Claim for an extension in the <br />Contract Time shall be based on written notice delivered to the Department of Public Works within <br />seven (7) calendar days of the occurrence of the event giving rise to the claim. Notice of the extent <br />of the claim with supporting data shall be delivered within fourteen (14) calendar days after such <br />occurrence unless an official of the Public Works Department allows an additional period of time to <br />ascertain more accurate data. The Contract Time will be extended in an amount equal to time lost <br />to delays beyond the control of the Contractor if a claim is made in accordance with this provision. <br />Such delays shall include acts of neglect by the Public Works employees, or to fires, flood, labor <br />disputes, epidemics, abnormal weather conditions, governmental procedures, or acts of God. <br />2. Unless otherwise provided, the Contract time is based upon normal weather conditions. An <br />extension is granted for weather conditions significantly more severe than normal if the Contractor <br />demonstrates to the satisfaction of the City that the delay in the progress of the work was due to <br />such weather. The basis to define normal weather with be the data compiled by the United States <br />Department of Commerce, National Oceanic and Atmospheric Administration (NOAA). <br />3. No extension of time will be granted if the Contractor, by his/her/its own action or inaction, including <br />fault or negligence of Contractor’s subcontractors, caused the delay, or for which any remedies are <br />provided under any other provision of this agreement. <br />4. The grant of an extension of time under this Section in no way constitutes a waiver by the City of <br />any rights or remedies existing under this contract at law or in equity. <br /> <br />XI. DEFAULT AND TERMINATION <br /> <br />A. Prevailing Specifications: 2022, INDOT Standard Specifications Section 108 <br />B. Additions: <br /> <br />1. Events of Default shall include Contractor’s failure to perform any of its obligations under this <br />contract including failure to commence work at the time specified, failure to perform the work in <br />accordance with these specifications, unauthorized discontinuation of the work, failure to carry out <br />the work in a manner acceptable to the City, failure to observe Federal, State, or local laws or <br />regulations, and failure to comply with any other term of this contract. <br />2. If an Event of Default occurs, the City shall provide Contractor written notice and may permit <br />Contractor ten (10) calendar days after the date of the notice to cure the default. If the default is <br />not cured within the ten (10) day cure period, the City may at any time thereafter terminate this <br />contract in which case the termination shall be final and effective. <br />3. Upon an Event of Default, the City may invoke the following remedies in addition to those remedies <br />provided under separate provisions of this contract, the right of set-off against any payments due <br />or to become due to the Contractor against the retainage, the right to take over and complete the <br />Work. If the City notifies Contractor that City is invoking its right to complete the Work, all rights that <br />the Contractor has in order under Contractor’s subcontracts are assigned to the City, subject to the <br />City’s right to take assignment of all or only selected subcontracts at the City’s discretion. The sole <br />obligation accepted by the City under such subcontracts is to pay for Work satisfactorily performed <br />after the date of the assignment. In the event a conditional assignment has not been executed, the <br />Contractor shall execute or cause to be executed any assignment, agreement, or other document <br />that may be necessary in the sole opinion of legal counsel to the City’s Board of Public Works to <br />evidence compliance with this provision. The Contractor shall promptly deliver such documents <br />upon the City’s request. In the case of such assignment, unless otherwise agreed in writing, The <br />Contractor remains liability to subcontractors for any payment already involved, and for any claim, <br />suit or cause of action based upon or resulting from any error, omission, negligence or other breach <br />of contract by the Contractor, its officers, employees, or agents arising prior to the date of <br />assignment to the City. <br /> <br />XII. LIQUIDATED DAMAGES
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