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<br />VIII. WARRANTY <br />A. Prevailing Specifications: None <br />B. Additions: <br />1. All parts shall include the following: <br />(i) Performance specifications; <br />(ii) Bill of materials <br />(iii) Warranties on all parts; and <br />(iv) Installation and safety requirements. <br />IX. CONTROL OF WORK <br />A. Prevailing Specifications/INDOT Standard Specifications Section: 105 <br /> <br />B. Additions: <br />1. The complete responsibility for this project lies with the Director of Public Works of the <br />City of South Bend, Indiana acting through his authorized representatives. <br />X. DEFAULT AND TERMINATION <br />A. Prevailing Specifications/INDOT Standard Specifications Section: 108 <br /> <br />B. Additions: <br /> <br />1. The obligation to perform under the terms of this Agreement may be terminated by an <br />official of the Department of Public Works, with approval from the Board of Public Works, <br />with or without cause, upon fourteen (14) calendar days written notice to the Contractor. <br />This Agreement may be terminated by Contractor upon fourteen (14) calendar days <br />written notice to the Department of Public Works in the event of substantial failure of <br />Public Works employees and agents to perform in accordance with the terms hereof. If <br />an official of the Public Works Department terminates the Contract for any cause, it shall <br />deduct from whatever is owed from the Contractor on the Contact or any other contract, <br />any amount sufficient to compensate the City of South Bend for any damages suffered by <br />it, including but not limited to, the cost difference in the materials between the primary <br />and secondary bidder because of the Contractor’s wrongdoing. <br />XI. RETAINAGE AND FINAL PAYMENT <br />A. Prevailing Specifications/INDOT Standard Specifications Section: 109 <br /> <br />B. Additions: <br /> <br />1. Payments will be made every thirty (30) calendar days. <br /> <br />2. There will be NO Retainage. <br /> <br />3. Contractor shall invoice using the same nomenclature as specified in the bid proposal for <br />all items. <br /> <br />XII. CORRECTIVE ACTION/DAMAGES <br />A. Prevailing Specifications: None