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Contract - Construction Inspection Services for the Coal Line Trail – USI Consultants, Inc.
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Contract - Construction Inspection Services for the Coal Line Trail – USI Consultants, Inc.
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9/13/2022 1:56:17 PM
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9/13/2022 1:55:59 PM
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Board of Public Works
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Contracts
Document Date
9/13/2022
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Created:
9/13/2022 1:56 PM
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9/13/2022 1:56 PM
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mailto:fcavanau@southbendin.gov
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Created:
9/13/2022 1:56 PM
Modified:
9/13/2022 1:56 PM
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mailto:Accounting@usiconsultants.com
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Version 6-8-2017 <br />13 <br />Notices to the LPA shall be sent to: <br />Finnian Cavanaugh, E.I., Project Manager <br />227 W. Jefferson Blvd <br />South Bend, IN, 46601 <br />574-235-5961 <br />fcavanau@southbendin.gov <br />Notices to the CONSULTANT shall be sent to: <br />USI Consultants Inc. <br />8415 East 56th Street <br />Indianapolis, Indiana 46216 <br />Accounting@usiconsultants.com <br />or to such other address or addresses as shall be furnished in writing by any party to the other party. <br />Unless the sending party has actual knowledge that a Notice was not received by the intended <br />recipient, a Notice shall be deemed to have been given as of the date (i) when personally delivered; (ii) <br />three (3) days after the date deposited with the United States mail properly addressed; or (iii) the next <br />day when delivered during business hours to overnight delivery service, properly addressed and prior <br />to such delivery service’s cut off time for next day delivery. The parties acknowledge that notices <br />delivered by facsimile or by email shall not be effective. <br />24.Order of Precedence; Incorporation by Reference. Any inconsistency or ambiguity in this <br />Contract shall be resolved by giving precedence in the following order: (1) This Contract and <br />attachments, (2) RFP document, (3) the CONSULTANT’s response to the RFP document, and (4) <br />attachments prepared by the CONSULTANT. All of the foregoing are incorporated fully by <br />reference. <br />25.Ownership of Documents and Materials. All documents, records, programs, data, film, tape, <br />articles, memoranda, and other materials not developed or licensed by the CONSULTANT prior to <br />execution of this Contract, but specifically developed under this Contract shall be considered “work <br />for hire” and the CONSULTANT assigns and transfers any ownership claim to the LPA and all such <br />materials (“Work Product) will be the property of the LPA. The CONSULTANT agrees to execute <br />and deliver such assignments or other documents as may be requested by the LPA. Use of these <br />materials, other than related to contract performance by the CONSULTANT, without the LPA’s prior <br />written consent, is prohibited. During the performance of this Contract, the CONSULTANT shall be <br />responsible for any loss of or damage to any of the Work Product developed for or supplied by <br />INDOT and used to develop or assist in the Services provided herein while any such Work Product is <br />in the possession or control of the CONSULTANT. Any loss or damage thereto shall be restored at <br />the CONSULTANT’s expense. The CONSULTANT shall provide the LPA full, immediate, and <br />unrestricted access to the Work Product during the term of this Contract. The CONSULTANT <br />represents, to the best of its knowledge and belief after diligent inquiry and other than as disclosed in <br />writing prior to or contemporaneously with the execution of this Contract by the CONSULTANT, that <br />the Work Product does not infringe upon or misappropriate the intellectual property or other rights of <br />any third party. The CONSULTANT shall not be liable for the use of its deliverables described in <br />Appendix “A” on other projects without the express written consent of the CONSULTANT or as <br />provided in Appendix “A”. The LPA acknowledges that it has no claims to any copyrights not <br />transferred to INDOT under this paragraph. <br />26.Payments. All payments shall be made in arrears and in conformance with the LPA’s fiscal policies <br />and procedures. <br />27.Penalties, Interest and Attorney's Fees. The LPA 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, IC 5-17-5, I. C. 34-54-8, and I. C. 34-13-1.
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