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employees and agents to perform in accordance with the terms hereof. If an official of the <br />Public Works Department terminates the Contract for any cause, it shall deduct from <br />whatever is owed the Contactor on the Contact or any other contract, any amount sufficient <br />to compensate the City of South Bend for any damages suffered by it, including but not <br />limited to, the cost difference in the materials between the primary and secondary bidder <br />because of the Contractor's wrongdoing. <br />V. RETAINAGE AND FINAL PAYMENT <br />A. Prevailing Specifications: 2016, INDOT Standard Specifications Section 109 <br />B. Additions: <br />1. Payments will be made every thirty (30) calendar days. <br />2. There will be NO retainage. <br />3. Contractor shall invoice using the same nomenclature as specified in the bid proposal for <br />all items. <br />VI. CORRECTIVE ACTION/DAMAGES <br />A. Prevailing Specifications: None <br />B. Additions: <br />1. Failure to deliver concrete or asphalt materials within NINETY (90) minutes time of scheduled <br />delivery will result in damages charged to the supplier in the amount of time plus expenses <br />plus overhead charged. <br />2. Should a supplier of concrete or asphalt become overbooked for deliveries one or more days <br />3. In the event the initial test results indicate a failure, the contractor will immediately contact <br />the independent testing agency in order to complete the confirmation testing. The receipt of <br />the test report indicating the failure in the mix will immediately trigger the corrective <br />action/damages process. The Contractor will be considered placed on notice upon receipt of <br />the testing report from the independent laboratory. If a back-up sample was not taken nor if <br />there is not enough of the original sample to complete confirmation testing, the original test <br />will be binding. There will be no coring of placed materials for confirmation testing. The <br />contractor is solely responsible for making any and all corrections to the material mix in order <br />to meet the requirements in the mix design. <br />4. The corrective action/damages are set forth as follows: <br />a. The damages will be for all of the specific mix design/material delivered on the day <br />the sample was taken. <br />b. Damages are progressive for each specific mix design. The material costs for the <br />day the sample was taken will be reduced by the following percentages <br />I. First test failure — 10% reduction of actual material cost. <br />ii. Second test failure — 20% reduction of actual material cost. <br />Ill. Third test failure — 30% reduction of actual material cost. <br />Ver. 13 — 6101115 <br />