Opening of Quotes - 2022 Biosolids Trucking for Land Application Annual Contract Proj No. 122-031 - Trucks R Us Inc.

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Version 09/29/2021 Page - 4 Public Works Quote 3. No extension of time will be granted if the Contractor, by his/her/its own action or inaction, including fault or negligence of Contractor’s subcontractors, caused the delay, or for which any remedies are provided under any other provision of this 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. XIII. DEFAULT AND TERMINATION A. Prevailing Specifications: 2022, INDOT Standard Specifications Section 108 B. Additions: 1. Events of Default shall include Contractor’s failure to perform any of its 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 a manner acceptable to the City, failure to observe Federal, State, or local laws or regulations, and failure to comply with any other term of this contract. 2. If an Event of Default occurs, the City shall provide Contractor written notice and may permit Contractor ten (10) calendar days after the date of the notice to cure the default. If the default is not cured within the ten (10) day cure period, the City may at any time thereafter terminate this contract in which case the termination shall be final and effective. 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. XIV. RETAINAGE AND FINAL PAYMENT A. Prevailing Specifications: 2022, INDOT Standard Specifications Section 109 B. Additions: 1. Payments will be made every thirty (30) calendar days. Contractor is required to submit the completed “AIA Document G702™ - 1992” form to the City of South Bend Board of Public Works along with electronic certified payrolls for the billed time period. 2. Invoices shall be billed monthly or as agreed upon between the Owner and Contractor. Given the nature of this contract as a hauling contract. No retainage shall be held on invoices. Invoices shall be paid in full unless there is a discrepancy between the Owner’s Records and Contractor’s claims for payment. 3. Before final payment is released the Contractor must satisfy the following: a. All trucking performed shall meet the requirements stated in the specifications. b. Provide copies of truck delivery trip tickets for all materials transported. c. One (1) copy of the City of South Bend Completion Affidavit and one (1) copy of Final Waiver of Lien. d. MBE/WBE reporting requirements shall be completed as scheduled. City shall confirm that the Contractor has met all MBE/WBE requirements prior to releasing the final payment.