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<br />Version 10/31/2017 Page - 4 Public Works Quote <br />V. INDEMNIFICATION <br /> <br />A. Prevailing Specifications: None <br />B. Additions: <br /> <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 fees, <br />and other expenses, arising from or out of the negligent performance of this Contract by Contractor, <br />or because of arising out of any defect in the goods, materials or equipment supplied by the Quote <br />provider. <br /> <br />VI. INSURANCE <br /> <br />A. Prevailing Specifications: 2020, INDOT Standard Specifications Section 103 <br />B. Additions: <br />1. All Contractors and subcontractors doing business with the City of South Bend shall present a <br />Certificate of Insurance showing coverage in the following minimum amount: <br />a. General Liability: Premises-Completed Operations or Products, Bodily Injury and Property <br />Damage Combined Single Limit - $5,000,000. <br />b. There shall be no exclusion for explosion, collapse or underground hazard. <br />c. Workmen’s Compensation: Statutory State of Indiana Employer's Liability - $100,000. <br />d. Auto Liability: Bodily Injury and Property Damage Combined Single limit - $1,000,000. <br />e. The City of South Bend shall be named as additional insured on the Certificate of Insurance. <br /> <br />VII. CONTROL OF WORK <br /> <br />A. Prevailing Specifications: 2020, INDOT Standard Specifications Section 105 <br />B. Additions: <br />1. The complete responsibility for this project lies with the Director of Public Works of the City of South <br />Bend, Indiana acting through his authorized representatives. <br />2. Construction Engineering - The Contractor shall provide all the necessary, qualified personnel, <br />equipment and supplies to perform all work required under this item. There will be no direct payment <br />for this item. <br />3. The contractor is responsible to maintain the site which includes but is not limited to; dust control, <br />site security, erosion control, and protecting adjacent properties. <br />4. All work activities and closures of the East Race shall be coordinated by the Contractor and <br />approved by the Parks and Recreation Department such that it does not interfere with scheduled <br />events at the East Race. No dewatering or restriction of the East Race during the weekends shall <br />be permitted without prior approval. Work hours for the Project shall be from 7:00 a.m. through 6:00 <br />p.m., Monday through Friday. No work shall be permitted on weekends, Holidays, or after hours <br />unless approved by the City of South Bend Department of Public Works. <br />5. Any dewatering required for any work activities shall be incidental to the work item and not be paid <br />for separately. <br /> <br />VIII. LEGAL RELATIONS <br /> <br />A. Prevailing Specifications: 2020, INDOT Standard Specifications Section 107w <br />B. Additions: <br />1. The Owner, where mentioned in these documents, is the City of South Bend. The Engineer, where <br />mentioned in these documents, is Lawson-Fisher Associates P.C. <br />2. The Contractor shall apply for and obtain any and all required permits for the work from local, state, <br />and federal agencies and shall comply with permit requirements, including the St. Joseph County <br />/ City of South Bend Building Department. <br />3. If the Contractor awarded this contract is not a resident of Indiana, within thirty days, the Contractor <br />shall provide the Engineer with proof that the Contractor is duly licensed, qualified and registered <br />with the Secretary of State of Indiana to engage in business within the State of Indiana. <br />4. The Contractor shall comply with all provisions of Indiana Code 5-16-13, as amended. The Owner <br />reserves the right to immediately terminate the public work project awarded should the Contractor