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Opening of Bids - 2022 Street and Sewer Material Bid Proj No. 122-028 - Bit-Mat Products of Indiana
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Opening of Bids - 2022 Street and Sewer Material Bid Proj No. 122-028 - Bit-Mat Products of Indiana
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3/22/2022 4:02:48 PM
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Board of Public Works
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Projects
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3/22/2022
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subcontracts are assigned to the City, subject to the City's right to take assignment of all <br />or only selected subcontracts at the City's discretion. The sole obligation accepted by the <br />City under such subcontracts is to pay for Work satisfactorily performed after the date of <br />the assignment. In the event a conditional assignment has not been executed, the <br />Contractor shall execute or cause to be executed any assignment, agreement, or other <br />document that may be necessary in the sole opinion of legal counsel to the City's Board of <br />Public Works to evidence compliance with this provision. The Contractor shall promptly <br />deliver such documents upon the City's request. In the case of such assignment, unless <br />otherwise agreed in writing, The Contractor remains liability to subcontractors for any <br />payment already involved, and for any claim, suit or cause of action based upon or resulting <br />from any error, omission, negligence or other breach of contract by the Contractor, its <br />officers, employees, or agents arising prior to the date of assignment to the City. <br />XI. CORRECTIVE ACTIONMAMAGES <br />A. Prevailing Specifications: None <br />B. Additions: <br />1. Failure to deliver concrete or asphalt materials within NINETY (90) minutes time of scheduled <br />delivery will result in damages charged to the supplier in the amount of time plus expenses <br />plus overhead charged. <br />2. Should a supplier of concrete or asphalt become overbooked for deliveries one or more days <br />of a week that supplier shall notify the City's representative ordering the material at least two <br />(2) working days in advance. <br />In the event the initial test results indicate a failure, the contractor will immediately contact <br />the independent testing agency in order to complete the confirmation testing. The receipt of <br />the test report indicating the failure in the mix will immediately trigger the corrective <br />action/damages process. The Contractor will be considered placed on notice upon receipt of <br />the testing report from the independent laboratory. If a back-up sample was not taken nor if <br />there is not enough of the original sample to complete confirmation testing, the original test <br />will be binding. There will be no coring of placed materials for confirmation testing. The <br />contractor is solely responsible for making any and all corrections to the material mix in order <br />to meet the requirements in the mix design. <br />4. The corrective action/damages are set forth as follows: <br />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 />i. 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 />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 />Version 09129/2021 Special Provisions - 4 <br />
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