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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 />Xil. DELIVERY <br />A. Prevailing specifications/INDOT 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 />and it must be within 15 minutes driving time via approved truck route(s) of the <br />Public Works Service Center. Loading shall be done by the supplier. <br />4. Duplicate weight tickets will be provided for each load. Each ticket will bear a serial number, <br />increasing in number with each load. No ticket number shall ever repeat. <br />5. The vendor for items in Division A shall designate a representative and an alternate that <br />shall be available for at least one (1) hour no later than Thursday of each week for a <br />coordination conference to discuss the City of South Bend's prospective order for the <br />upcoming calendar week. The vendor shall guarantee availability of materials of each type <br />and in such quantity for each day of the following week as agreed to in the conference. <br />Quantities shall may be less than or greater than 5% of the agreed upon amounts. If such <br />materials are not available at the time of delivery as agreed, the vendor shall at its option <br />remedy the situation by one of the following means: <br />Version 07/19/2023 Special Provisions - 5 <br />