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<br />Version 09/29/2021 Page - 2 Public Works Quote <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 <br />Bid/Quote provider. <br />2. The Contractor shall be responsible for complying with all laws and limitations set forth by the <br />Indiana Department of Motor Vehicles relative to the condition and operation of the trucks, including <br />loaded weight. All truck drivers employed by the contractor shall be licensed to operate the trucks <br />used for transporting biosolids through the duration of the project. <br />3. It shall be the Contractor’s responsibility for any damage to public or private property caused by <br />accidental spillage of the biosolids after the biosolids have been deposited into the Contractor’s <br />trucks. <br /> <br />VI. INSURANCE <br /> <br />A. Prevailing Specifications: 2022, INDOT Standard Specifications Section 103 <br />B. Additions: <br /> <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 /> <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 />f. Contractor and subcontractors shall provide any and all insurance policies, documents, <br />endorsements, or certificates related to this Contract immediately upon the request of the City <br />of South Bend. <br /> <br />VII. AWARD OF CONTRACT <br /> <br />A. Prevailing Specifications: 2022, INDOT Standard Specifications, Section 103 <br />B. Additions: <br />1. All Quotes will remain subject to acceptance for sixty (60) calendar days after the day of the Quote <br />opening, but the City of South Bend may in its sole discretion, release any Quote and return the <br />Quote/Bid security prior to that date. <br />2. Successful bidder from award notice will have fourteen (14) calendar days to submit a fully <br />executed contract, Certificates of Insurance, and other required documents from either the awarded <br />contractor and/or the subcontractors. Failure to comply with the award period may be cause for the <br />Board of Public Works to rescind the award. <br /> <br />VIII. BONDING REQUIREMENTS <br /> <br />A. Prevailing Specifications, 2022, INDOT Standards Specifications, Section 103 <br />B. Additions: <br />1. The successful Quote/Bid shall supply the following bonds: <br />a. Payment Bond within seven (7) days of Notification of Award for an amount equal to one <br />hundred percent (100%) of the contract amount. <br />b. Performance Bond within seven (7) days of Notification of Award for an amount equal to one <br />hundred twenty-five percent (125%) of the contract amount. <br />c. No Maintenance Bonds are required for this contract. <br /> <br />IX. CONTROL OF WORK <br /> <br />A. Prevailing Specifications: 2022, INDOT Standard Specifications Section 105 <br />B. Additions: <br />