Open Market Contract - Klink Trucking Inc - 2019 Street and Sewer Dept Materials

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V. VI. 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. A. Prevailing Specifications/INDOT 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. CORRECTIVE ACTIONIDAMAGE S A. Prevailing Specifications: None B. Additions: Failure to deliver 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. Should a supplier of the materials become overbooked for deliveries one or more days of a week that supplier shall notify the City's representative ordering the material at least TWO (2) working days in advance. In the event the initial test results indicate a failure, the contractor will immediately contact the independent testing agency in order to complete the confirmation testing. The receipt of the test report indicating the failure in the mix will immediately trigger the corrective action/damages process. The Contractor will be considered placed on notice upon receipt of the testing report from the independent laboratory. If a back-up sample was not taken nor if there is not enough of the original sample to complete confirmation testing, the original test will be binding. There will be no coring of placed materials for confirmation testing. The contractor is solely responsible for making any and all corrections to the material mix in order to meet the requirements in the mix design. 4. 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.