177.07 DELAYS; DAMAGES.

   If the contractor delays performance of the contract by refusal or failure to prosecute the work, or any separable part thereof, with such diligence as will ensure its completion within the time limit stipulated in the contract or any extension thereof, or fails to complete the work within such time, the City may, by written notice to the contractor, terminate his right to proceed with the work, or such part of the work as to which there has been such delay, as provided in Section 177.05.

   If the City does not terminate the right of the contractor to proceed, the contractor shall continue the work, in which event the actual damages for such delay will be impossible to determine and in lieu thereof the contractor shall be liable for and shall pay to the City not more than fifty dollars ($50.00) as fixed, agreed and liquidated damages for each calendar day of such delay until the work is completed or accepted and the contractor and his sureties shall be liable for the amount thereof. However, the right of the contractor to proceed shall not be terminated or the contractor charged with liquidated damages because of any delay in the completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of the contractor, including, but not restricted to, acts of God, or of the enemy, acts of the City, acts of another contractor in the performance of a contract with the City, fires, flood, epidemics, quarantine restrictions, strikes, freight embargoes and unusually severe weather or delays of subcontractors due to such causes, if the contractor shall within ten calendar days from the beginning of any such delay, unless the City grants a further period of time prior to the date of final settlement of the contract, notify the City in writing of the cause of delay. Upon receipt of such notice, the City shall investigate the alleged justification for the delay and may extend the time for completing the work when in its judgment the facts justify such an extension. The City's findings in respect thereto shall be final and conclusive on the parties hereto.
(Ord. 33-1960. Passed 3-7-60.)