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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. <br />IX. CORRECTIVE ACTION/DAMAGES <br />A. Prevailing Specifications: None <br />B. Additions: <br />1. The parties recognize that time is of the essence in regard to this Contract and that City and R. Yoder <br />will suffer financial loss if the equipment, supplies, services are not delivered within the times specified <br />on the Contract. <br />a. It is agreed between the parties hereto that if Contractor shall not deliver the equipment, <br />supplies, services and/or other obligations by the date specified in the Contract, City shall <br />use the bid bond or certified check of bidder as liquidated damages <br />b. Should the Contractor fail to provide or perform the equipment, supplies, services and/or <br />other obligations pursuant to the Contract, and should the City then elect to bid a new <br />project that will replace the Contract, any bid for the project from Contractor will be <br />considered only if Contractor can demonstrate the ability to deliver and perform the <br />equipment, supplies, services and/or other obligations in a timely fashion. <br />c. It is agreed between the parties hereto that if Contractor shall not deliver the equipment, <br />supplies, services and/or other obligations by the time specified in the Contract, City shall <br />award all or part of the material to the next lowest bidder. <br />X. DELIVERY <br />A. Prevailing specifications/INDOT Standard Specification Section: None <br />B. Additions: <br />1. Items shown in the specifications shall be delivered to 100 W Monroe Street in South Bend, <br />Indiana. Delivery dates shall include weekends and holidays as designated by the representative <br />ordering the material. <br />2. All materials shall be delivered according to best industry practices and prevailing specifications. <br />Any materials not received in good condition will be rejected. <br />3. All items rejected must be removed immediately by the Contractor at the expense of the Contractor. <br />4. In some cases, at the discretion of the City, inspection of the commodities or equipment will be <br />made at the factory, plant, or other establishment where they are produced before shipment. <br />Version 1/3/2025 Page - 3 Public Works Quote <br />