Opening of Bids - Ductile Iron Pipes Valves and Hydrants Project No 119-037 - Ferguson Waterworks

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B. Additions: The obligation to perform under the terms of this Agreement may be terminated by an official of the Department of Public Works, with approval from the Board of Public Works, with or without cause, upon fourteen (14) calendar days written notice to the Contractor. This Agreement may be terminated by Contractor upon fourteen (14) calendar days written notice to the Department of Public Works in the event of substantial failure of Public Works employees and agents to perform in accordance with the terms hereof. If an official of the Public Works Department terminates the Contract for any cause, it shall deduct from whatever is owed from the Contractor on the Contact or any other contract, any amount sufficient to compensate the City of South Bend for any damages suffered by it, including but not limited to, the cost difference in the materials between the primary and secondary bidder because of the Contractor's wrongdoing. V. RETAINAGE AND FINAL PAYMENT A. Prevailing Specification s/I N DOT Standard Specifications Section: 109 B. Additions: 1. Payments will be made every thirty (30) calendar days. 2. There will be NO Retainage. 3. Contractor shall invoice using the same nomenclature as specified in the bid proposal for all items. VI, CORRECTIVE ACTION/DAMAGES A. Prevailing Specifications: None B. Additions: 1. Failure to deliver concrete or asphalt materials within NINETY (90) minutes time of scheduled delivery will result in damages charged to the supplier in the amount of time plus expenses plus overhead charged. 2. The corrective action/damages are set forth as follows: a. The damages will be for all of the specific mix design/material delivered on the day the sample was taken. b. Damages are progressive for each specific mix design. The material costs for the day the sample was taken will be reduced by the following percentages First test failure — 10% reduction of actual material cost. ii. Second test failure — 20% reduction of actual material cost. iii. Third test failure — 30% reduction of actual material cost. iv. Fourth and all successive test failures — 50% of reduction of actual material cost.