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that may be necessary in the sole opinion of legal counsel to the City's Board of Public Works to <br />evidence compliance with this provision. The Contractor shall promptly deliver such documents <br />upon the City's request. In the case of such assignment, unless otherwise agreed in writing, The <br />Contractor remains liability to subcontractors for any payment already involved, and for any claim, <br />suit or cause of action based upon or resulting from any error, omission, negligence or other breach <br />of contract by the Contractor, its officers, employees, or agents arising prior to the date of <br />assignment to the City. <br />XIII. 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 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 />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 />XIV. 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 <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 />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 Specifications <br />for Public Works. <br />d. One (1) copy of the City of South Bend Completion Affidavit and one (1) copy of a Final Waiver <br />of Lien. <br />XV. WARRANTY <br />A. Prevailing Specifications: None <br />B. Additions <br />1. All Parts shall include the following: <br />a. Performance specifications <br />Version 3/15/2024 Page - 4 Public Works Quote <br />