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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 />,
<br />equipmeRt and supplies te perform all wGFk jeF this otem. TheFe will be Re d4FeGt payR;
<br />fnr thi6 item
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<br />wrnnmtrnl, site GeGUFity, ecnnvnvntrnl, and pFetentimn udjuvent nrnneFties
<br />:
<br />4. 149-FT hours foF the Drniest6hall he from 7_00a.m. thAnnday thFnunh Friday. IIn
<br />work shall be permitted AM
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<br />Weekends,
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<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 />VIII. 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 termination 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 1/3/2025 Page - 2 Public Works Quote
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