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<br />Version 9/29/2021 Page - 4 Public Works Quote <br /> <br />XII. LIQUIDATED DAMAGES <br /> <br />A. Prevailing Specifications: 2022, INDOT Standard Specifications Section 108 <br />B. Additions: <br /> <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. <br /> <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. <br /> <br />XIII. RETAINAGE AND FINAL PAYMENT <br /> <br />A. Prevailing Specifications: 2022, INDOT Standard Specifications Section 109 <br />B. Additions: <br /> <br />1. Payments will be made every thirty (30) calendar days <br />2. Consistent with provisions of IC 36-1-12-14, the Board of Public Works shall retain a percentage of <br />payments throughout the duration of the project. <br />3. Before final payment and retainage are released the Contractor must satisfy the following: <br /> <br />a. All parts and labor meet requirements stated in the specifications. <br />b. One (1) copy of the City of South Bend Completion Affidavit and one (1) copy of a Final Waiver <br />of Lien. <br /> <br />XIV. OTHER UTILITIES <br /> <br />A. Prevailing Specifications: None <br />B. Additions: <br /> <br />1. The Contractor shall verify the locations of all utilities by contacting Indiana811 by calling 811 (in <br />Indiana) or 1-800-382-5544 (outside of Indiana), or via www.indiana811.org, at least two (2) <br />working days, not counting Saturdays, Sundays or federal and state holidays before proceeding <br />with construction. It shall also be the Contractor’s responsibility to contact any other utility that is <br />not contacted by Indiana811 and verify the utility locations. <br />2. The Contractor shall be responsible for working with the other utilities, i.e., gas electric, telephone, <br />etc. in order to assure that all utilities that need to be replaced or relocated can be done with a <br />minimum disturbance to service. The Contractor shall also be responsible for coordinating <br />schedules with the various utilities such that they can proceed with their relocation work as <br />efficiently as possible. <br />3. If the odor of natural gas is detected in a work area at any time during the course of work, the <br />Contractor shall immediately notify NIPSCO at 1-800-634-3524. The Contractor shall also