Laserfiche WebLink
or only selected subcontracts at the City's discretion. The sole obligation accepted by the <br />City under such subcontracts is to pay for Work satisfactorily performed after the date of <br />the assignment. In the event a conditional assignment has not been executed, the <br />Contractor shall execute or cause to be executed any assignment, agreement, or other <br />document that may be necessary in the sole opinion of legal counsel to the City's Board of <br />Public Works to evidence compliance with this provision. The Contractor shall promptly <br />deliver such documents upon the City's request. In the case of such assignment, unless <br />otherwise agreed in writing, The Contractor remains liability to subcontractors for any <br />payment already involved, and for any claim, suit or cause of action based upon or resulting <br />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 />XVI. LIQUIDATED DAMAGES <br />A. Prevailing Specifications: 2024, INDOT Standard Specifications Section 108 <br />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 One thousand five hundred dollars ($1,500.00) for each <br />calendar day that the Contractor shall remain in default after the time of completion <br />stipulated in the Contract 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 />XVII. RETAINAGE AND FINAL PAYMENT <br />A. Prevailing Specifications: 2024, 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 />the completed "AIA Document G702TM - 1992" form to the City of South Bend Board of <br />Public Works along with 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 />Version 07/19/2023 Special Provisions - 6 <br />