NYC 9/11 Public Portal Document
KYC—PEP Information For Bidders and Supply ft Service Aqrgee»ent
(Rev. 11/931
Ccxupietion Bend reqxnred.
C. Whenever a ccmtractor dqxisits obiigatiaaxsof die Qty of New York in lieu erf a
Performance and Conqiletimi Bond and a Labar and Material Bond, it shall he with the
undetstandingthatdieCcanptroIierof tfaeQtyof New York, crhissaecessKS. mty sell and use
die proceeds diereof, for any purpose for which die principal or surety mt such bemd would be
iiaUe under die tenns of the Cdsnract If money is dqxirited with die CmEpcndfer, die
Coottacta- shall not be endded to receive interest on such money frmn die Qty of New York.
D. Unless otherwise specified in die Schedule A, Performance and Pitymeat Bernds
are required cHify for contracts in excess of SSO.OOO.OO.
6.2 INSURANCE
During performance and up to die date of final acceptance, die Cootractor must effect
and maintam insurance of die kind and at the limits set fwdi in die General ConditiaQS. Schedule
•A’.
6.3 UOUTDAT DAMA
In case die Contractor riiall fail to omqdoe the werk widun the tune fixed fm* such
conq^etioc in die General Conditions. Scheci^ "A”, or within the time to which such
comjdedon may have been extended, the Contractor must pay to the City die sum fixed in die
Genetai Conditions. Schedule ”A", for each and every calendar day that the time consumed in
completing die work exceeds the time allowed therefore; winch said sum. in view of the
difRodty of accurately ascenaining the loss wfaidi die Qty will suffer by reason erf delay in the
conqrfedcm of the work hereunder is hereby fixed and agreed as die liquidated damages that die
Qty wdQ suffer by reason of such delay, and not as a penalty.
Liquidated damages received hereunder are not intended to be nor shall they be treated
as eidier a partial or full waiver or discharge of die Qty’s right indemnificatioQ under Ardcie
63. or the Qmiractor’s oWigadon to indemnify the Qty. or to any other remedy provided for
by contract or by law.
The Compirolier will deduct and retain out nxmeys -ndiidi may faeccane due
hereunder, the amount of sudi liquidated damages; and in case die amount which may become
due hereunder shall be less than the amount of liquidated damages suffered by die City, the
COTtractor shall be liable to pay the difference upcm demand by die Conqjtnzriler.
6.4 MAINTENANCE AND GUARANTY
The Contractor must promptly repair, replace, restore or rebuild, as the CommissiOTier
may determine, any fini^ed work in which defects of materials or workman^iip may aj^iear
or to which damage may occur because of such defects, during the one year period sidsequeot
to die date of final acceptance, except where other periods of maintenance and guarantee are
provided for.
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