Opening of Quotes - 2022 Biosolids Trucking for Land Application Annual Contract Proj No. 122-031 - Trucks R Us Inc.

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Version 09/29/2021 Page - 7 Public Works Quote B. The Contractor or truck driver(s) shall immediately contact the Superintendent of the Organic Resources Facility in the event of a spill. C. The Contractor shall be responsible for the clean-up and removal of all biosolids spills and any damage to public or private property caused while transporting biosolids materials from the Organic Resources Facility to the identified land application site(s). D. The City of South Bend reserves the right to terminate the contract in the event that the Contractor is determined to be non-responsive to cleaning up an identified spill or is found to be negligent by failing to report a spill. E. The Contractor shall be responsible for reimbursing the City of South Bend for all costs associated with efforts to clean-up spills resulting from the Contractor, its Subcontractors, or its agents. XXV. MISCELLANEOUS PROVISIONS A. The City of South Bend, upon recommendation by the Director of Utilities or the City’s designated Project Representative, reserves the right to terminate the contract in the event of non-compliance or unsatisfactory performance of the Contractor, its Subcontractors, or its agents. B. Neither Party shall be liable to the other Party for breach or for failure or delay in the performance of its obligations hereunder caused by any act or occurrence beyond its reasonable control, including, but not limited to: fires; floods; strikes (except any strikes involving a Party’s personnel); a change in Federal, State, or local laws or ordinance; orders or judgements by any Federal, State or local court, administrative agency or government body; change in permit conditions or requirements; accidents; extreme weather conditions including, for example, hurricanes, tornadoes, unusually high amounts of precipitation, unusual extremes of temperature or wind, unusually extended periods of adverse weather conditions; acts of war, aggression or terrorism (foreign or domestic); equipment failure (other than due to inadequate maintenance thereof); and acts of God. C. It is specifically understood that, without limitation, none of the following acts, events or circumstances shall constitute an act or occurrence beyond a Party’s reasonable control: (i) reasonably anticipated weather conditions normal for the region in which the work is performed or (ii) any failure to pay any sums in accordance with the terms of this Agreement. Whenever the provisions of this Section are believed to apply, the Party relying thereon shall give prompt notice to the Other Party of the circumstances, the basis of applicability of this Section and the time required to cure such breach or delay. D. Contractor shall promptly provide notice of the need, if any, for additional compensation or for renegotiation of terms in order to mitigate effects of such event or to comply with a change in law or regulation or interpretation thereof. Contractor shall be entitled to additional time and compensation if such event delays performance into a season different from that assumed when this Agreement was executed. Contractor and the City shall use reasonable best efforts to agree on appropriate mitigating actions under the circumstances. E. The tender of a quote/bid to the Board of Public Works of the City of South Bend, Indiana on the basis of these specifications constitutes an agreement and an acceptance of all of the terms and requirements of the said specifications.