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employees and agents to perform in accordance with the terms hereof. If an official of the <br />Public Works Department terminates the Contract for any cause, it shall deduct from <br />whatever is owed the Contactor on the Contact or any other contract, any amount sufficient <br />to compensate the City of South Bend for any damages suffered by it, including but not <br />limited to, the cost difference in the materials between the primary and secondary bidder <br />because of the Contractor's wrongdoing. <br />V. RETAINAGE AND FINAL PAYMENT <br />A. Prevailing Specifications: 2016, INDOT Standard Specifications Section 109 <br />B. Additions! <br />1, Payments will be made every thirty (30) calendar days. <br />2. There will be NO retainage. <br />3. Contractor shall invoice using the same nomenclature as specified in the bid proposal for <br />all items. <br />VI. CORRECTIVE ACTIONIDAMAGES <br />A. Prevailing Specifications: None <br />B. Additions: <br />The City of South Bend reserves the right to require the contractor, at his/her expense, to <br />remove and replace the material in the event the failure in the material delivered may cause <br />physical or property damage to the public. <br />2. 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 in 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 />VII. DELIVERY <br />A. Prevailing specifications/INDOT Standard Specification Section: None <br />B. Additions: <br />1. Items shall be delivered to the Bureau of Streets at 731 South Lafayette or to other sites <br />within the City of South Bend designated by the City's representative ordering the material. <br />Ver. 13 --- 6101115 <br />