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SP-7. TERM "OR EQUAL" <br />A. State Specifications: None <br />B. Additions: <br />1. Where the term "or equal' is used in these specifications, the Bid provider deviating from <br />specified item shall file with his/her Bid a letter fully explaining and justifying his/her proposed <br />article or equal. The City of South Bend shall be the sole judge in determining if the "or equal' <br />offered meets the specification. <br />SP-8. TAX EXEMPT <br />A. State Specifications: None <br />B. Additions: <br />1. Materials and properties purchased under contract with the Owner that becomes a permanent part <br />of the structure or facilities constructed are not subject to the Indiana Gross Retail Tax (Sales <br />Tax). The exemption number will be furnished to the Contractor upon award. <br />SP-9. INDEMNIFICATION <br />A. State Specifications: None <br />B. Additions: <br />1. Contractor agrees to indemnify, defend and hold harmless the City of South Bend, its agents, <br />officers and employees, from all costs, losses, claims and suits, including court costs, attorney <br />fees, and other expenses, arising from or out of the negligent performance of this Contract by <br />Contractor, or because of arising out of any defect in the goods, materials or equipment supplied <br />by the Bid provider. <br />SP-10. OTHER UTILITIES AND SERVICES <br />A. State Specifications: None <br />B. City Construction Standards & Specifications: Section 1 <br />C. Additions: <br />1. The Contractor shall verify the locations of all utilities by contacting Indiana8l l at 1-800-382- <br />5544 at least two (2) working days, not counting Saturdays, Sundays or federal and state holidays <br />before proceeding with construction. It shall also be the Contractors responsibility to contact any <br />other utility that is not contacted by Indiana811 and verify the utility locations. <br />2. The Contractor shall be responsible for coordination with all other utilities, i.e., gas electric, <br />telephone, etc. in order to assure that all utilities that need to be replaced or relocated can be done <br />with a minimum disturbance to service. The Contractor shall also be responsible for coordinating <br />schedules with the various utilities such that they can proceed with their relocation work as <br />efficiently as possible. <br />3. If the odor of natural gas is detected in a work area at any time during the course of work, the <br />Contractor shall immediately notify NIPSCO at 1-800-634-3524. The Contractor shall also <br />immediately notify the residents of adjacent properties. The Contractor shall advise the residents <br />to evacuate their homes immediately if the odor is present within the dwelling. <br />Version 7/01/2018 Special Provisions - 3 <br />