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<br />Version 3/15/2024 Page - 3 Public Works Quote <br /> <br />A. Prevailing Specifications: 2024, INDOT Standard Specifications Section 107 <br />B. Additions: <br />1. The Engineer, where mentioned in these documents, is City of South Bend, Public Works and <br />Utilities. <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 Owner with proof that the Contractor is duly licensed, qualified and registered with <br />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 <br />be found to be in violation of any provision of Indiana Code 5-16-13 and such violation shall result <br />in the forfeiture of Contractor’s performance bond to the Owner. <br />5. An awarded contract may be amended only by separate writing, signed by authorized <br />representatives of both the Contractor and the City. An awarded contract will be construed and <br />interpreted according to the laws of the State of Indiana without regard to conflicts of laws statutes. <br />Any dispute arising under the terms of the awarded contract shall be filed in any court of competent <br />jurisdiction in St. Joseph County, Indiana. <br /> <br />XI. PROSECUTION AND PROGRESS <br /> <br />A. Prevailing Specifications: 2024, INDOT Standard Specifications Sec. 108 <br />B. Additions: <br /> <br />1. The Project will have a completion date of 90 days after Notice to Proceed. The Contract Time <br />will start when the Notice to Proceed is delivered and signed. <br />2. The City, Engineer, and Contractor will hold a pre-construction meeting following award of the <br />contract. The date of the Notice to Proceed will be agreed at that meeting. <br />3. Contractor shall provide a schedule to the Owner prior to beginning any work on the site. <br />4. The Contractor shall utilize the City of South Bend selected project management software for <br />reporting of all activities related to the contracted work. <br /> <br /> <br />XII. CHANGE OF CONTRACT TIME <br /> <br />A. Prevailing Specifications: 2024, INDOT Standard Specifications Section 108 <br />B. Additions <br /> <br />1. The Contract Time may only be changed by Change Order. Any Claim for an extension in the <br />Contract Time shall be based on written notice delivered to the Department of Public Works within <br />seven (7) calendar days of the occurrence of the event giving rise to the claim. Notice of the extent <br />of the claim with supporting data shall be delivered within fourteen (14) calendar days after such <br />occurrence unless an official of the Public Works Department allows an additional period of time to <br />ascertain more accurate data. The Contract Time will be extended in an amount equal to time lost <br />to delays beyond the control of the Contractor if a claim is made in accordance with this provision. <br />Such delays shall include acts of neglect by the Public Works employees, or to fires, flood, labor <br />disputes, epidemics, abnormal weather conditions, governmental procedures, or acts of God. <br />2. Unless otherwise provided, the Contract time is based upon normal weather conditions. An <br />extension is granted for weather conditions significantly more severe than normal if the Contractor <br />demonstrates to the satisfaction of the City that the delay in the progress of the work was due to <br />such weather. The basis to define normal weather with be the data compiled by the United States <br />Department of Commerce, National Oceanic and Atmospheric Administration (NOAA). <br />3. No extension of time will be granted if the Contractor, by his/her/its own action or inaction, including <br />fault or negligence of Contractor’s subcontractors, caused the delay, or for which any remedies are <br />provided under any other provision of this agreement. <br />4. The grant of an extension of time under this Section in no way constitutes a waiver by the City of <br />any rights or remedies existing under this contract at law or in equity.