Termination for Default, Damages for Delay and Time Extensions

a. If the Contractor refuses or fails to prosecute the work, or any separable part thereof, with such diligence as will ensure its completion within the time specified in this Contract, or any extension thereof, or fails to complete said work within such time, the Contracting Officer may, by written notice to the Contractor, terminate his right to proceed with the work or such part of the work as to which there has been delay. In such event, the Contracting Officer may take over the work and prosecute the same to completion, by contract or otherwise, and may take possession of and utilize in completing the work such materials, appliances and plant as may be on the site of the work and necessary therefore. Whether or not the Contractor's right to proceed with the work is terminated, he and his

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sureties shall be liable for any damage to the Authority resulting from his refusal or failure to complete the work in the specified time.

b. If fixed and agreed liquidated damages are provided in the Contract and if the Contracting Officer so terminates the Contractor's right to proceed, the resulting damage will consist of such liquidated damages until such reasonable time as may be required for final

completion of the work together with any increased costs occasioned the Authority in completing the work.

c. If fixed and agreed liquidated damages are provided in the Contract and if the Contracting Officer does not so terminate the Contractor's right to proceed, the resulting damage will consist of such liquidated damages until the work is completed or accepted.

d. The Contractor's right to proceed shall not be so terminated nor the Contractor charged with resulting damage if:

(1) The delay in the completion of the work arises from unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including, but not

restricted to, acts of God, acts of the public enemy, acts of the Authority in its

contractual capacity, acts of another contractor in the performance of a contract with the Authority, fires, flood, epidemics, quarantine restrictions, strikes, freight

embargoes, unusually severe weather, or delays of subcontractors or suppliers at any tier arising from causes other than normal weather beyond the control and without the fault or negligence of both the Contractor and such subcontractors or suppliers; and (2) The Contractor, within 10 days from the beginning of any such delay, unless the

Contracting Officer grants a further period of time before the date of final payment under the Contract, notifies the Contracting Officer in writing of the causes of delay. The Contracting Officer shall ascertain the facts and the extent of the delay and extend the time for completing the work when, in his judgment, the findings of fact justify such an extension, and his findings of fact shall be final and conclusive on the parties, subject only to appeal as provided in the DISPUTES Article of these General Provisions.

(3) Unusually severe weather conditions:

(a) Pursuant to Paragraph d.(1) above, the Authority will use the following table as a basis for determining allowable time extensions to the Contract for unusually severe weather conditions and the impact of such weather at the construction site. (b) The column below labeled Work Days represents work-day delays which may be

expected in each month named within the Washington Metropolitan Area, based on a five-day work week:

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MONTH WORK DAYS MONTH WORK DAYS

January 4 July 2 February 4 August 3 March 4 September 2 April 5 October 3 May 5 November 4 June 2 December 4

(c) Time extensions for weather delays during a given month will be allowed only for actual work days in excess of those numbers listed above and only when those excess days of delay affect the current critical path(s) leading to specified Contract completion or milestone dates.

(4) Authority Operations and Emergencies:

(a) The possibility exists that access to work may be impeded or that interruption to the work may occur, both scheduled and unscheduled, at the Authority’s

convenience, or specific direction, for operational or emergency reasons during contract performance (“delays from authority operations and emergencies”). It is the intent of this clause to ease the administration of delays from authority

operations and emergencies.

(b) Allowable time extensions to the contract for delays from Authority operations and emergencies shall be determined as follows:

(1) There shall be no allowable time extension or equitable adjustment for any delay from Authority operations and emergencies causing work stoppage of less than 15 minutes.

(2) The contractor shall immediately bring to the AR’s attention any delay from authority operations and emergencies causing continuous work stoppage of 15 minutes or more. Any delay from authority operations and emergencies not brought to the AR’s attention on the day of the delay or the following work day will not be recognized.

(3) If the contractor and AR agree that a delay in part (b) (2) has delayed the completion of the work, the delay shall be considered a recognized delay. (4) The contractor shall submit to the AR on a weekly basis a report of recognized

delays occurring during the previous week, as a precondition to the Authority considering any claim for delays from authority operations and emergencies. (5) Upon the contractor submitting a claim for delays from authority operations and

emergencies, the AR shall grant a non-compensable time extension of one day for any working day in which the contractor accumulates 60 or more minutes of

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timely submitted recognized delays, unless granting the time extension would result in providing the contractor with more than a one day time extension relating to any working day. Simultaneously, the AR shall respond to the contractor’s claim, if any, for costs associated with any working day in which the contractor accumulates 60 or more minutes of timely submitted recognized delays.

e. If, after notice of termination of the Contractor's right to proceed under the provisions of this Article, it is determined for any reason that the Contractor was not in default under the provisions of this Article, or that the delay was excusable under the provisions of this Article, the rights and obligations of the parties shall be the same as if the notice of termination had been issued pursuant to the TERMINATION FOR CONVENIENCE OF THE AUTHORITY Article of these General Provisions.

f. The rights and remedies of the Authority provided in this clause are in addition to any other rights and remedies provided by law under this Contract.