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Version 9/29/2021 Page - 2 Public Works Quote <br />D.These SPECIAL PROVISIONS will list only "Additions" or "Deletions" to the PREVAILING <br />SPECIFICATIONS and are to be used only in conjunction with the PREVAILING SPECIFICATIONS. <br />E.In the event of conflict between the SPECIAL PROVISIONS and the PREVAILING SPECIFICATIONS, <br />the SPECIAL PROVISIONS will govern. <br />V.TERM “OR EQUAL” <br />A.Prevailing Specifications: None <br />B.Additions <br />1.Where the term "or equal" is used in these specifications, the Quote provider deviating from <br />specified item shall file with his/her/its Quote a letter fully explaining and justifying his/her/its <br />proposed article or equal. The City of South Bend shall be the sole judge in determining if the “or <br />equal” offered meets the specification. <br />VI.TAX EXEMPT <br />A.Prevailing 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 Tax). <br />The exemption number will be furnished to the Contractor upon award. <br />VII.INDEMNIFICATION <br />A.Prevailing 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 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 />VIII.INSURANCE <br />A.Prevailing Specifications: 2022, 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 />IX.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 of South <br />Bend, Indiana acting through his authorized representatives.