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<br /> <br />B. Additions: <br /> <br />1. Failure to deliver concrete or asphalt materials within NINETY (90) minutes time of <br />scheduled delivery will result in damages charged to the supplier in the amount of time plus <br />expenses plus overhead charged. <br /> <br />2. The corrective action/damages are set forth as follows: <br /> <br />a. The damages will be for all of the specific mix design/material delivered on the <br />day the sample was taken. <br /> <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 /> <br />i. First test failure – 10% reduction of actual material cost. <br /> <br />ii. Second test failure – 20% reduction of actual material cost. <br /> <br />iii. Third test failure – 30% reduction of actual material cost. <br /> <br />iv. Fourth and all successive test failures – 50% of reduction of actual <br />material cost. <br /> <br />3. The City of South Bend reserves the right to accelerate the corrective action/damages <br />procedure or to require the contractor, at his expense, to remove and replace the material <br />in the event the failure in the material delivered may cause physical or property damage to <br />the public. <br /> <br />4. The parties recognize that time is of the essence in regard to this Contract and that City will <br />suffer financial loss if the equipment, supplies, services are not delivered within the ti mes <br />specified on the Contract. <br /> <br />a. It is agreed between the parties hereto that if Contractor shall not deliver the <br />equipment, supplies, services and/or other obligations by the date specified in <br />the Contract, City shall use the bid bond or certified check of bidder as liquidated <br />damages <br /> <br />b. Should the Contractor fail to provide or perform the equipment, supplies, services <br />and/or other obligations pursuant to the Contract, and should the City then elect <br />to bid a new project that will replace the Contract, any bid for the project from <br />Contractor will be considered only if Contractor can demonstrate the ability to <br />deliver and perform the equipment, supplies, services and/or other obligations in <br />a timely fashion. <br /> <br />c. It is agreed between the parties hereto that if Contr actor shall not deliver the <br />equipment, supplies, services and/or other obligations by the time specified in the <br />Contract, City shall award all or part of the material to the next lowest bidder. <br /> <br /> <br />XIII. DELIVERY <br /> <br />A. Prevailing specifications/INDOT Standard Specification Section: None <br /> <br />B. Additions: <br />