Opening of Bids - 2024 Street and Sewer Material Bid Proj No. 124-004 - Klink Trucking

Home Browse Search

subcontracts are assigned to the City, subject to the City's right to take assignment of all or only selected subcontracts at the City's discretion. The sole obligation accepted by the City under such subcontracts is to pay for Work satisfactorily performed after the date of the assignment. In the event a conditional assignment has not been executed, the Contractor shall execute or cause to be executed any assignment, agreement, or other document that may be necessary in the sole opinion of legal counsel to the City's Board of Public Works to evidence compliance with this provision. The Contractor shall promptly deliver such documents upon the City's request. In the case of such assignment, unless otherwise agreed in writing, The Contractor remains liability to subcontractors for any payment already involved, and for any claim, suit or cause of action based upon or resulting from any error, omission, negligence or other breach of contract by the Contractor, its officers, employees, or agents arising prior to the date of assignment to the City. XI. CORRECTIVE ACTION/DAMAGES A. Prevailing Specifications: None B. Additions: 1. Failure to deliver concrete or asphalt materials within NINETY (90) minutes time of scheduled delivery will result in damages charged to the supplier in the amount of time plus expenses plus overhead charged. 2. Should a supplier of concrete or asphalt become overbooked for deliveries one or more days of a week that supplier shall notify the City's representative ordering the material at least two (2) working days in advance. In the event the initial test results indicate a failure, the contractor will immediately contact the independent testing agency in order to complete the confirmation testing. The receipt of the test report indicating the failure in the mix will immediately trigger the corrective action/damages process. The Contractor will be considered placed on notice upon receipt of the testing report from the independent laboratory. If a back-up sample was not taken nor if there is not enough of the original sample to complete confirmation testing, the original test will be binding. There will be no coring of placed materials for confirmation testing. The contractor is solely responsible for making any and all corrections to the material mix in order to meet the requirements in the mix design. 4. The corrective action/damages are set forth as follows: a. The damages will be for all of the specific mix design/material delivered on the day the sample was taken. 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. iii. Third test failure — 30% reduction of actual material cost. iv. Fourth and all successive test failures — 50% of reduction of actual material cost. 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 Version 07/19/2023 Special Provisions -4