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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 8 of 16 <br />incorporated by reference. The enactment or modification of any applicable state or federal <br />statute or the promulgation of rules or reg ulations there under, after execution of this <br />Contract shall be reviewed by INDOT and the LPA to determine whether the provisions of <br />this Contract require formal modification. <br /> <br /> 6.6.2. The LPA acknowledges that federal requirements provide for the possible loss of federal <br />funding to one degree or another when the requirements of Public Law 91 -646 and other <br />applicable federal and state laws, rules and regulations are not complied with. <br /> <br /> 6.6.3. The LPA acknowledges paragraph 7 of the Federal Highway Program Ma nual, Volume 7, <br />Chapter 1, Section 3, entitled "Withholding Federal Participation" which is herewith quoted <br />in part as follows: "Where correctable noncompliance with provisions of law or FHWA <br />requirements exist, federal funds may be withheld until complia nce is obtained. Where <br />compliance is not correctable, the FHWA may deny participation in parcel or project costs <br />in part or in total." <br /> <br /> 6.6.4 . The LPA and its agents shall abide by all ethical requirements that apply to persons who <br />have a business relatio nship with the State as set forth in IC §4-2-6, et seq., IC §4-2-7, et <br />seq. and the regulations promulgated thereunder. If the LPA has knowledge, or would have <br />acquired knowledge with reasonable inquiry, that a state officer, employee, or special state <br />appointee, as those terms are defined in IC 4-2-6-1, has a financial interest in the Contract, <br />the LPA shall ensure compliance with the disclosure requirements in IC 4-2-6-10.5 prior to <br />the execution of this Contract. If the LPA is not familiar with these e thical requirements, <br />the LPA should refer any questions to the Indiana State Ethics Commission, or visit the <br />Inspector General's website at http://www.in.gov/ig/. If the LPA or its agents violate any <br />applicable ethical standards, the State may, in its sole discretion, terminate this Contract <br />immediately upon notice to the LPA. In addition, the LPA may be subject to penalties <br />under IC §§4-2-6, 4-2-7, 35-44.1-1-4, and under any other applicable laws. <br /> <br /> 6.6.5. The LPA warrants that the LPA and its contractors shall obtain and maintain all required <br />permits, licenses, registrations, and approvals, and shall comply with all health, safety, and <br />environmental statutes, rules, or regulations in the performance of work activities under this <br />Contract. Failure to do so may be deemed a material breach of this Contract and grounds <br />for immediate termination and denial of further work with the State. <br /> <br /> 6.6.6. As required by IC §5-22-3-7: <br />(1) The LPA and any principals of the LPA certify that: <br />A. the LPA, except for de minimis and nonsystematic violations, has not violated <br />the terms of: <br />(i) IC §24-4.7 [Telephone Solicitation Of Consumers]; <br />(ii) IC §24-5-12 [Telephone Solicitations]; or <br />(iii) IC §24-5-14 [Regu lation of Automatic Dialing Machines]; <br /> in the previous three hundred sixty -five (365) days, even if IC §24-4.7 <br />is preempted by federal law; and <br />B. the LPA will not violate the terms of IC §24-4.7 for the duration of the Contract, <br />even if IC §24-4.7 is preempted by federal law. <br /> <br />(2) The LPA and any officials of the LPA certify that an affiliate or official of the LPA and <br />any agent acting on behalf of the LPA or on behalf of an affiliate or official of the LPA <br />except for de minimis and nonsystematic violations, <br /> <br />A. has not violated the terms of IC §24-4.7 in the previous three hundred sixty -five <br />(365) days, even if IC §24-4.7 is preempted by federal law; and <br /> <br />B. will not violate the terms of IC §24-4.7 for the duration of the Contract, even if <br />IC §24-4.7 is preempted by federal law. <br />DocuSign Envelope ID: 483536D7-D78A-4B48-8A1C-C6C0ED1B8552 <br />In Process
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