Opening of Quotes - Olive Street Station Roof Repairs Proj No. 120-028 - Midland Engineering Company, Inc.

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3.Upon an Event of Default, the City may invoke the following remedies in addition to those remedies provided under separate provisions of this contract, the right of set-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 is invoking its right to complete the Work, all rights that the Contractor has in order under Contractor’s subcontracts are assigned to the City, subject to the City’s right to take assignment of all or only selected subcontracts at the City’s discretion. The sole obligation accepted by the City under such subcontracts is to pay for Work satisfactorily performed after the date of the assignment. In the event a conditional assignment has not been executed, the Contractor shall execute or cause 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 for any claim, suit or cause of action based upon or resulting from any error, omission, negligence or other breach of contract by the Contractor, its officers, employees, or agents arising prior to the date of assignment to the City. XIII.LIQUIDATED DAMAGES A. Prevailing Specifications: 2020, INDOT Standard Specifications Section 108 B. Additions: 1.The contractor shall proceed with the work at such rate of progress to ensure full completion within the Contract Time. It is expressly understood and agreed, by and between the Contractor and the Owner, that the Contract Time for completion of the work described herein is a reasonable time, taking into consideration the average climatic and economic conditions and other factors prevailing in the locality of the work, and excludes the time for unavoidable delays which were beyond the control and without the fault of the Contractor. 2.If the Contractor shall fail to complete the work within the Contract Time, or extension of time granted by the Owner, then the Contractor will pay to the Owner the amount for liquidated damages a sum of five hundred dollars ($500.00) for each calendar day that the Contractor shall remain in default after the time of completion stipulated in the Contract Documents. 3.The Contractor shall not be charged with liquidated damages or any excess cost when the delay in completion of the work is due to the following and the Contractor has promptly given written notice of such delay to the Owner and Engineer/Architect. a.To any preference, priority, or allocation order duly issued by the Owner. b.To unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including but not restricted to acts of God, acts of public enemy, acts of the Owner, acts of another Contractor in the performance of a Contract with the Owner, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and abnormal and unforeseeable weather. 4.The Contractor is hereby alerted that failure to submit shop drawings in a timely manner or failure to order materials in a timely manner, such that material manufacturing and delivery to the project site are delayed, will not be considered as unforeseeable causes in the determination of liquidated damages, extension of time granted by the Owner, or any excess cost. Version 7/01/2016 Special Provisions - 5