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Contract - Construction of School Zone Flashing Beacons DES 1891249 - INDOT
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Contract - Construction of School Zone Flashing Beacons DES 1891249 - INDOT
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10/12/2021 2:01:24 PM
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Board of Public Works
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Contracts
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10/12/2021
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Page 14 of 16 <br />Highway Administration as appropriate, and shall set forth what efforts it has made <br />to obtain the information. <br /> <br />E. Sanctions for Noncompliance : In t he event of the LPA 's noncompliance with the <br />nondiscrimination provisions of this Contract, the Indiana Department of <br />Transportation shall impose such contract sanctions as it or the Federal Highway <br />Administration may determine to be appropriate, including , but not limited to: (a) <br />withholding payments to the LPA under the Contract until the LPA complies, and/or <br />(b) cancellation, termination or suspension of the Contract, in whole or in part. <br /> <br />F. Incorporation of Provisions : The LPA shall include the provisio ns of paragraphs a <br />through f in every subcontract, including procurements of materials and leases of <br />equipment, unless exempt by the Regulations, or directives issued pursuant thereto. <br /> <br />The LPA shall take such action with respect to any subcontract or procurement as the Indiana <br />Department of Transportation or the Federal Highway Administration may direct as a means of <br />enforcing such provisions including sanctions for non -compliance, provided, ho wever, that in the <br />event the LPA becomes involved in, or is threatened with, litigation with a subcontractor or supplier <br />as a result of such direction, the LPA may request the Indiana Department of Transportation to enter <br />into such litigation to protect th e interests of the Indiana Department of Transportation, and, in <br />addition, the LPA may request the United States of America to enter into such litigation to protect <br />the interests of the United States of America. <br /> <br />6.18. Payment. All payments (if any) sha ll be made thirty -five (35) days in arrears in conformance with <br />State fiscal policies and procedures and, as required by IC §4 -13-2-14.8, the direct deposit by <br />electronic funds transfer to the financial institution designated by the LPA in writing unless a <br />specific waiver has been obtained from the Indiana Auditor of State. No payments will be made in <br />advance of receipt of the goods or services that are the subject of this Contract except as permitted <br />by IC §4-13-2-20. <br /> <br />6.19. Penalties, Interest and Attorne y's Fees . INDOT will in good faith perform its required obligations <br />hereunder, and does not agree to pay any penalties, liquidated damages, interest, or attorney's fees, <br />except as required by Indiana law in part, I.C. 5-17-5, I.C. 34-54-8, and I.C. 34-13-1. <br /> <br /> Notwithstanding the provisions contained in IC §5-17 -5, any liability resulting from the State's failure <br />to make prompt payment shall be based solely on the amount of funding originating from the State and <br />shall not be based on funding from federal or other sources. <br /> <br />6.20. Pollution Control Requirements . If this Contract is for $100,000 or more, the LPA: <br /> <br /> A. Stipulates any facility to be utilized in performance under or to benefit from this Contract is <br />not listed on the Environmental Protection Agency (EPA) List of Violating Facilities issued <br />pursuant to the requirements of the Clean Air Act, as amended, and the Federal Water Pollution <br />Control Act, as amended; <br /> <br /> B. Agrees to comply with all of the requirements of the Clean Air Act (including section 114 ) <br />and the Federal Water Pollution Control Act (including section 308) and all regulations and <br />guidelines issued there under; and <br /> <br /> C. Stipulates, as a condition of federal aid pursuant to this Contract, it shall notify INDOT and <br />the FHWA of the receipt of any advice indicating that a facility to be utilized in performance <br />under or to benefit from this Contract is under consideration to be listed on the EPA List of <br />Violating Facilities. <br /> <br />6.21 Severability. The invalidity of any section, subsection, clause o r provision of the Contract shall not <br />affect the validity of the remaining sections, subsections, clauses or provisions of the Contract . <br />DocuSign Envelope ID: 483536D7-D78A-4B48-8A1C-C6C0ED1B8552 <br />In Process
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