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a. The damages will be for all of the specific mix design/material delivered on the day <br />the sample was taken. <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 />First test failure — 10% reduction of actual material cost. <br />ii. Second test failure — 20% reduction of actual material cost. <br />iii. Third test failure — 30% reduction of actual material cost. <br />iv. Fourth and all successive test failures — 50% of reduction of actual <br />material cost. <br />5. 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 in <br />the event the failure in the material delivered may cause physical or property damage to the <br />public. <br />6. 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 times <br />specified on the Contract. <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 the <br />Contract, City shall use the bid bond or certified check of bidder as liquidated <br />damages <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 to <br />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 />c. It is agreed between the parties hereto that if Contractor 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 />XII. DELIVERY <br />A. Prevailing specifications/INDQT Standard Specification Section: None <br />B. Additions: <br />1. Items shown in the specifications to be delivered shall be delivered to the Bureau of Streets <br />at 731 South Lafayette or to other sites within the City of South Bend designated by the <br />City's representative ordering the material. Delivery dates shall include weekends and <br />holidays as designated by the representative ordering the material. <br />2. Each load of loose materials must be fully tarped or covered from origin to the point of <br />delivery to minimize loss from blowing and change of moisture content. <br />3. Items shown in the Specifications to be picked up by the City shall be picked up by the City <br />at the successful bidder's plant or warehouse. The plant or warehouse must be within <br />the South Bend City limits or within five miles of the public Works Service Center, <br />Version 1/30/2020 Special Provisions - 5 <br />