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<br />Version 9/29/2021 Page - 4 Public Works Quote
<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.
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<br />XIII. DEFAULT AND TERMINATION
<br />
<br />A. Prevailing Specifications: 2022, INDOT Standard Specifications Section 108
<br />B. Additions:
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<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.
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<br />XIV. LIQUIDATED DAMAGES
<br />
<br />A. Prevailing Specifications: 2022, INDOT Standard Specifications Section 108
<br />B. Additions:
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<br />1. The contractor shall proceed with the work at such rate of progress to insure full completion within
<br />the Contract Time. It is expressly understood and agreed, by and between the Contractor and the
<br />Owner, that the Contract Time for completion of the work described herein is a reasonable time,
<br />taking into consideration the average climatic and economic conditions and other factors prevailing
<br />in the locality of the work, and excludes the time for unavoidable delays which were beyond the
<br />control and without the fault of the Contractor.
<br />2. If the Contractor shall fail to complete the work within the Contract Time, or extension of time
<br />granted by the Owner, then the Contractor will pay to the Owner the amount for liquidated damages
<br />a sum of five hundred dollars ($500.00) for each calendar day that the Contractor shall remain in
<br />default after the time of completion stipulated in the Contract Documents.
<br />3. The Contractor shall not be charged with liquidated damages or any excess cost when the delay
<br />in completion of the work is due to the following and the Contractor has promptly given written
<br />notice of such delay to the Owner and Engineer/Architect.
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<br />a. To any preference, priority, or allocation order duly issued by the Owner.
<br />b. To unforeseeable causes beyond the control and without the fault or negligence of the
<br />Contractor, including but not restricted to acts of God, acts of public enemy, acts of the Owner,
<br />acts of another Contractor in the performance of a Contract with the Owner, fires, floods,
<br />epidemics, quarantine restrictions, strikes, freight embargoes, and abnormal and
<br />unforeseeable weather.
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