Review of Liquidated Damages - L.D.Docsa - WWTP Primary Clarifier Upgrades & Equipment Rehab 111-071

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duration of the project were important indicators that the Contractor made a conscious effort to provide a quality project for the City of South Bend and made every effort to accelerate the project schedule given a slow start and inclement weather. The Division of Utilities presents this information to the Board of Public Works seeking direction regarding these potential liquidated damages. The Board of Public Works has the authority, per the Contract Documents, to assess up to $147,000 for liquidated damages for the extension of the shutdown period of Primary Clarifier Tank 5 and $39,510.00 for special damages for engineering and inspection fees incurred due to the extension of the shutdown period of Primary Clarifier Tank 5. The Division of Utilities requests that the Board of Public Works consider L.D. Docsa's good faith efforts and the Contractor's implementation of the recovery schedule when considering the assessment or reduction of potential liquidated damages. The Division of Utilities provides a recommendation for consideration to reduce the total liquidated damages and special damages from $186,510 to a value not to exceed $100,000 as the recommended settlement for the project delays. This recommendation if accepted would extend the total recovery for losses due to the extension of time to $108,750.00 (inclusive of the $8,750 for Hydrogritter liquidated damages which were already assessed). The Division of Utilities is prepared to act as the Board of Public Works mediator in communication with L.D. Docsa on this matter if directed by the Board of Public Works. Recommendations reoardina Final Retainage As of July 19, 2016, the Division of Utilities has processed all pay applications or has pay applications in hand that release all remaining funds except final retainage for the subject project. The remaining balance on the contract prior to the Board of Public Works' decisions regarding liquidated damages and special damages is $351,049.09. The Division of Utilities recommends a partial release of retainage with the exception of the value of potential liquidated damages and special damages. Remaining Balance $351,049.09 Liquidated Damages and Special Damages $186,510.00 Hold until Resolution Recommended Partial Release of Retainage $164,539.09 The Division of Utilities asks for direction regarding the partial release of retainage. If there are any questions regarding the subject project, please contact AI Greek (Ext. 4210) or Jacob M. Klosinski (Ext. 9496) at the Division of Utilities.