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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 />VI. CONTROL OF WORK <br />A. Prevailing Specifications: 2026, 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. <br />VII. LEGAL RELATIONS <br />A. Prevailing Specifications: 2026, INDOT Standard Specifications Section 107 <br />B. Additions: <br />1. The Owner, where mentioned in these documents, is the City of South Bend. The Engineer, where <br />mentioned in these documents, is R. Yoder . <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 />Vill. DEFAULT AND TERMINATION <br />A. Prevailing Specifications: 2026, 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 this <br />contract including failure to commence work at the time specified, failure to perform the work in <br />accordance with these specifications, unauthorized discontinuation of the work, failure to carry out <br />the work in a manner acceptable to the City, failure to observe Federal, State, or local laws or <br />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 permit <br />Contractor ten (10) calendar days after the date of the notice to cure the default. If the default is <br />not cured within the ten (10) day cure period, the City may at any time thereafter terminate this <br />contract in which case the tennination shall be final and effective. <br />3. Upon an Event of Default, the City may invoke the following remedies in addition to those remedies <br />provided under separate provisions of this contract, the right of set-off against any payments due <br />or to become due to the Contractor against the retainage, the right to take over and complete the <br />Version M/2025 Page - 2 Public Works Quote <br />