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B. Additions: <br />1. The contractor shall proceed with the work at such rate of progress to insure full completion <br />within the Contract Time. It is expressly understood and agreed, by and between the <br />Contractor and the Owner, that the Contract Time for completion of the work described <br />herein is a reasonable time, taking into consideration the average climatic and economic <br />conditions and other factors prevailing in the locality of the work, and excludes the time for <br />unavoidable delays which were beyond the 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 <br />time granted by the Owner, then the Contractor will pay to the Owner the amount for <br />liquidated damages a sum of five hundred dollars ($500.00) for each calendar day that the <br />Contractor shall remain in default after the time of completion stipulated in the Contract <br />Documents. <br />3. The Contractor shall not be charged with liquidated damages or any excess cost when the <br />delay in completion of the work is due to the following and the Contractor has promptly <br />given written notice of such delay to the Owner and Engineer/Architect. <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 <br />Owner, acts of another Contractor in the performance of a Contract with the Owner, <br />fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and <br />abnormal and unforeseeable weather. <br />XVI. GE _AND FINAL PAYMENT <br />A. Prevailing Specifications: 2018, INDOT Standard Specifications Section 109 <br />B. Additions: <br />1. Payments will be made every thirty (30) calendar days. Contractor is required to submit <br />electronic certified payrolls for the billed time period. <br />2. Consistent with provisions of IC 36-1-12-14, the Board of Public Works shall retain a <br />percentage of payments throughout the duration of the project. <br />3. Before final payment and retainage are released the Contractor must satisfy the following: <br />a. All parts and labor meet requirements stated in the specifications. <br />b. Provide copies of test reports or cut sheets on all materials supplied. <br />c. Provide As -Built drawings in accordance with the City of South Bend Prevailing <br />Specifications for Public Works. <br />d. One (1) copy of the City of South Bend Completion Affidavit and one (1) copy of a Final <br />Waiver of Lien. <br />XVIL WARRANTY <br />A. Prevailing Specifications: None <br />Version 8/16/2018 Special Provisions - 6 <br />