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<br />Version 03/15/2023 Page - 3 Public Works Quote <br />1. The project will have a completion date of August 31, 2023. The contract time will start when the <br />Notice to Proceed is delivered and signed. <br />2. The City, Engineer, and Contractor will hold a pre-construction meeting following award of the <br />contract. The date of the Notice to Proceed will be agreed at that meeting. <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 <br />within seven (7) calendar days of the occurrence of the event giving rise to the claim. Notice of <br />the extent of the claim with supporting data shall be delivered within fourteen (14) calendar days <br />after such occurrence unless an official of the Public Works Department allows an additional <br />period of time to ascertain more accurate data. The Contract Time will be extended in an amount <br />equal to time lost to delays beyond the control of the Contractor if a claim is made in accordance <br />with this provision. Such delays shall include acts of neglect by the Public Works employees, or <br />to fires, flood, labor disputes, epidemics, abnormal weather conditions, governmental procedures, <br />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 <br />Contractor demonstrates to the satisfaction of the City that the delay in the progress of the work <br />was due to such weather. The basis to define normal weather with be the data compiled by the <br />United States Department of Commerce, National Oceanic and Atmospheric Administration <br />(NOAA). <br />3. No extension of time will be granted if the Contractor, by his/her/its own action or inaction, <br />including fault or negligence of Contractor’s subcontractors, caused the delay, or for which any <br />remedies are 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 <br />out 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 <br />remedies provided under separate provisions of this contract, the right of set-off against any <br />payments due or to become due to the Contractor against the retainage, the right to take over <br />and complete the Work. If the City notifies Contractor that City is invoking its right to complete the <br />Work, all rights that the Contractor has in order under Contractor’s subcontracts are assigned to <br />the City, subject to the City’s right to take assignment of all or only selected subcontracts at the <br />City’s discretion. The sole obligation accepted by the City under such subcontracts is to pay for <br />Work satisfactorily performed after the date of the assignment. In the event a conditional <br />assignment has not been executed, the Contractor shall execute or cause to be executed any <br />assignment, agreement, or other document that may be necessary in the sole opinion of legal <br />counsel to the City’s Board of Public Works to evidence compliance with this provision. The <br />Contractor shall promptly deliver such documents upon the City’s request. In the case of such