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Opening of Bids - 2022 Street and Sewer Material Bid Proj No. 122-028 - Ozinga Ready Mix Concrete, Inc.
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Opening of Bids - 2022 Street and Sewer Material Bid Proj No. 122-028 - Ozinga Ready Mix Concrete, Inc.
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3/22/2022 4:06:38 PM
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Board of Public Works
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Projects
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3/22/2022
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<br />Version 09/29/2021 Special Provisions - 3 <br />VIII. CONTROL OF WORK <br />A. Prevailing Specifications: 2022, 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 <br />of South Bend, Indiana acting through his authorized representatives. <br />IX. LEGAL RELATIONS <br />A. Prevailing Specifications: 2022, INDOT Standard Specifications Section 107 <br />B. Additions: <br />1. The Owner, where mentioned in these documents, is the City of South Bend. The <br />Engineer, where mentioned in these documents, is the City of South Bend Department of <br />Public Works, Division of Engineering. <br />2. The Contractor shall apply for and obtain any and all required permits for the work from <br />local, state, and federal agencies and shall comply with permit requirements, including the <br />St. Joseph County / City of South Bend Building Department. <br />3. If the Contractor awarded this contract is not a resident of Indiana, within thirty days, the <br />Contractor shall provide the Owner with proof that the Contractor is duly licensed, qualified <br />and registered with the Secretary of State of Indiana to engage in business within the State <br />of Indiana. <br />4. The Contractor shall comply with all provisions of Indiana Code 5-16-13, as amended. The <br />Owner reserves the right to immediately terminate the public work project awarded should <br />the Contractor be found to be in violation of any provision of Indiana Code 5-16-13 and <br />such violation shall result in the forfeiture of Contractor’s performance bond to the Owner. <br />X. DEFAULT AND TERMINATION <br />A. Prevailing Specifications: 2022, INDOT Standard Specifications Section 108 <br />B. Additions: <br />1. Events of Default shall include Contractor’s failure to perform any of its obligations under <br />this contract including failure to commence work at the time specified, failure to perform <br />the work in accordance with these specifications, unauthorized discontinuation of the work, <br />failure to carry out the work in a manner acceptable to the City, failure to observe Federal, <br />State, or local laws or regulations, and failure to comply with any other term of this contract. <br />2. If an Event of Default occurs, the City shall provide Contractor written notice and may <br />permit Contractor ten (10) calendar days after the date of the notice to cure the default. If <br />the default is not cured within the ten (10) day cure period, the City may at any time <br />thereafter terminate this contract in which case the termination shall be final and effective. <br />3. Upon an Event of Default, the City may invoke the following remedies in addition to those <br />remedies provided under separate provisions of this contract, the right of set-off against <br />any payments due or to become due to the Contractor against the retainage, the right to <br />take over and complete the Work. If the City notifies Contractor that City is invoking its right <br />to complete the Work, all rights that the Contractor has in order under Contractor’s
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