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<br />Version 03/15/2023 Page - 4 Public Works Quote <br />assignment, unless otherwise agreed in writing, The Contractor remains liability to subcontractors <br />for any payment already involved, and for any claim, suit or cause of action based upon or <br />resulting from any error, omission, negligence or other breach of contract by the Contractor, its <br />officers, employees, or agents arising prior to the date of assignment to the City. <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 <br />the Owner, that the Contract Time for completion of the work described herein is a reasonable <br />time, taking into consideration the average climatic and economic conditions and other factors <br />prevailing in the locality of the work, and excludes the time for unavoidable delays which were <br />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 time <br />granted by the Owner, then the Contractor will pay to the Owner the amount for liquidated <br />damages a sum of five hundred dollars ($500.00) for each calendar day that the Contractor shall <br />remain in 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 <br />Owner, acts of another Contractor in the performance of a Contract with the Owner, fires, <br />floods, 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 <br />of 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. Provide proof that all subcontractors have been paid promptly, including fully documenting <br />payments in the City’s Minority and Women Owned Business utilization tracking software <br />B2G Now. <br />b. All parts and labor meet requirements stated in the specifications. <br />c. Provide copies of test reports or cut sheets on all materials supplied. <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 /> <br />XIV. WARRANTY <br /> <br />A. Prevailing Specifications: None <br />B. Additions <br /> <br />1. All Parts shall include the following: <br /> <br />a. Performance specifications <br />b. Bill of Materials <br />c. Warranties on all parts