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Version 6-8-2017
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<br />iii. Work Specific Standards. The CONSULTANT and its SUB-CONSULTANTS, if any,
<br />have obtained, will obtain and/or will maintain all required permits, licenses, registrations
<br />and approvals, as well as comply with all health, safety, and environmental statutes, rules,
<br />or regulations in the performance of work activities for the LPA.
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<br />iv. Secretary of State Registration. If the CONSULTANT is an entity described in IC Title
<br />23, it is properly registered and owes no outstanding reports with the Indiana Secretary of
<br />State.
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<br />v. Debarment and Suspension of CONSULTANT. Neither the CONSULTANT nor its
<br />principals are presently debarred, suspended, proposed for debarment, declared ineligible,
<br />or voluntarily excluded from entering into this Contract by any federal agency or by any
<br />department, agency or political subdivision of the State and will immediately notify the
<br />LPA of any such actions. The term “principal” for purposes of this Contract means an
<br />officer, director, owner, partner, key employee, or other person with primary management
<br />or supervisory responsibilities, or a person who has a critical influence on or substantive
<br />control over the operations of the CONSULTANT or who has managerial or supervisory
<br />responsibilities for the Services.
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<br />vi. Debarment and Suspension of any SUB-CONSULTANTS. The CONSULTANT’s SUB-
<br />CONSULTANTS are not presently debarred, suspended, proposed for debarment, declared
<br />ineligible, or voluntarily excluded from entering into this Contract by any federal agency
<br />or by any department, agency or political subdivision of the State. The CONSULTANT
<br />shall be solely responsible for any recoupment, penalties or costs that might arise from the
<br />use of a suspended or debarred SUBCONSULTANT. The CONSULTANT shall
<br />immediately notify the LPA and INDOT if any SUB-CONSULTANT becomes debarred
<br />or suspended, and shall, at the LPA’s request, take all steps required by the LPA to
<br />terminate its contractual relationship with the SUB-CONSULTANT for work to be
<br />performed under this Contract.
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<br />C. Violations. In addition to any other remedies at law or in equity, upon CONSULTANT’S
<br />violation of any of Section 7(A) through 7(B), the LPA may, at its sole discretion, do any one or
<br />more of the following:
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<br />i. terminate this Contract; or
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<br />ii. delay, withhold, or deny work under any supplement or amendment, change order or other
<br />contractual device issued pursuant to this Contract.
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<br />D. Disputes. If a dispute exists as to the CONSULTANT’s liability or guilt in any action initiated
<br />by the LPA, and the LPA decides to delay, withhold, or deny work to the CONSULTANT, the
<br />CONSULTANT may request that it be allowed to continue, or receive work, without delay. The
<br />CONSULTANT must submit, in writing, a request for review to the LPA. A determination by
<br />the LPA under this Section 7.D shall be final and binding on the parties and not subject to
<br />administrative review. Any payments the LPA may delay, withhold, deny, or apply under this
<br />section shall not be subject to penalty or interest under IC 5-17-5.
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<br />8. Condition of Payment. The CONSULTANT must perform all Services under this Contract to the
<br />LPA’s reasonable satisfaction, as determined at the discretion of the LPA and in accordance with all
<br />applicable federal, state, local laws, ordinances, rules, and regulations. The LPA will not pay for work
<br />not performed to the LPA’s reasonable satisfaction, inconsistent with this Contract or performed in
<br />violation of federal, state, or local law (collectively, “deficiencies”) until all deficiencies are remedied
<br />in a timely manner.
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