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

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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. Second test failure — 20% reduction of actual material cost. i'i. Third test failure — 30% reduction of actual material cost. iv. Fourth and all successive test failures — 50% of reduction of actual material cost. 5. The City of South Bend reserves the right to accelerate the corrective action/damages procedure or to require the contractor, at his expense, to remove and replace the material in the event the failure in the material delivered may cause physical or property damage to the public. 6. The parties recognize that time is of the essence in regard to this Contract and that City will suffer financial loss if the equipment, supplies, services are not delivered within the times specified on the Contract. a. It is agreed between the parties hereto that if Contractor shall not deliver the equipment, supplies, services and/or other obligations by the date specified in the Contract, City shall use the bid bond or certified check of bidder as liquidated damages b. Should the Contractor fail to provide or perform the equipment, supplies, services and/or other obligations pursuant to the Contract, and should the City then elect to bid a new project that will replace the Contract, any bid for the project from Contractor will be considered only if Contractor can demonstrate the ability to deliver and perform the equipment, supplies, services and/or other obligations in a timely fashion. c. It is agreed between the parties hereto that if Contractor shall not deliver the equipment, supplies, services and/or other obligations by the time specified in the Contract, City shall award all or part of the material to the next lowest bidder. VII. DELIVERY A. Prevailing specifications/INDOT Standard Specification Section: None B. Additions: 1. All items shown in the specifications shall be delivered to the Bureau of Streets at 731 South Lafayette or to other sites within the City of South Bend designated by the City's representative ordering the material. Delivery dates shall include weekends and holidays as designated by the representative ordering the material. 2. Each load of loose materials must be fully tarped or covered from origin to the point of delivery to minimize loss from blowing and change of moisture content. 3. Duplicate weight tickets will be provided for each load. Each ticket will bear a serial number, increasing in number with each load. No ticket number shall ever repeat.