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-of contract by the Contractor, its officers, employees, or agents arising prior to the date of <br />3:�S ignment to the city. <br />lt, LIQUIDATED DAMAGE <br />A. Prevailing Specifications; 2022, INCCT Standard SpecififiWS:Secfion 108 <br />B, Add ikions: ;. <br />1.' The contractor shall proceed with the work at su-h rake of progress to insure full completl-0n Vathin <br />the Oontmcft Time. ItiS expressly understood and agreed, by and between the Contractor and the <br />Owner, that the C ontract Time for corn plet ion of th a work descri led here i n is a reasonable ti me, <br />taki rig into consi deration the ave rage climatic and eoonorn is core diti ores and other factors prevail i ng <br />in the loratity of the work, and excludes the time to r unavoidable delays which were beyond the <br />control and without the feu It of the Contractor. t _ <br />2. If the Connoor Shall IMI to complete the wok within the Contract Time, or eAensiorx of time <br />granted by the Amer, they, the ContraUor will pay to the owner the amount for liquidated damages <br />a sum of five hu ndred dol lars (5 00.00) for eac h calenda r day that the Con Mtor shall re mein i n <br />default after tM time of completio n stip ulated in the Contract Docur ne nts. - <br />, The Contractor shall not be charged %ith liquidated darnages cr any excess cost when the delay <br />in completion of the work is due to the folk w fng and the ootractef has promptly given written <br />nice of such delay to the Owner and Engineer/Ar h itect <br />a. To any preferen ce, pdofity, or a I Iocatkon order du ly issued by the O ne r. <br />b,' To unfore,5eeabla causes beyond the wntml and without the fault or negligence of the <br />Contractor, ind Wing but not restri to acts of God, a of public, enemy, acts of the Owner, <br />' 1 <br />r auts of another Contractor in the peJormanw of a ConUwt with the Owner, hires, flues, <br />c , epidemics, . quarandw restrictions, strilkes, freight . embargoes, and abnormal and <br />unforeseeable weather. <br />+ UL RETAINA E AND FINAL PAYMENT <br />A. Pr i li rig peclflc tM cn s: 2022, I DOT Standard Speciftations Section 109 r _ <br />S. Add iti <br />ons: . <br />I. • Paym wil I be made every th irty (30) c:ale ndar d arys F <br />1. Ccn!siStentwith prWsions of IC 35-1-1 -14, the Board of Pub['Lc Works shah retain i percentage of <br />payfmnts throughout the duration of the project, <br />3. • Before final payment and retainage are released the Contractor must Satisfy the folkywing, <br />ar. All parts and labor rneet raquirernents stated in the 6pecificaborl5. <br />b. Provide cop ies of test reports or cut s h7 nets o n all M:ateri alS Sc ppl iar d_ <br />c. Provide As-Suilt drawings in acwrdance with the City of South Bend Prevailing 3 peaifications <br />for Public Works. . <br />d. On (1) copy of ft City of South Bend Completion Affidavit and one (1) copy of a Final Waiver <br />of Lien_ , <br />t <br />XrV. WAR RAN TY ` <br />A- Prevailing pe0cations, None <br />S. Additions <br />1, . All Parts Shall include the fallowing: <br />e- Performance speofflcations <br />b. Bill of t' akerials <br />C. Warranties on all paw <br />d_ Installation and safety} requirements . <br />� r y <br />Version 2114 0 PW } d4 Public works Q <br />