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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
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9/13/2022
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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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Version 6-8-2017 <br />14 <br />28.Pollution Control Requirements. If this Contract is for $100,000 or more, the CONSULTANT: <br />i.Stipulates that any facility to be utilized in performance under or to benefit from this Contract <br />is 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 <br />Pollution Control Act, as amended; <br />ii.Agrees to comply with all of the requirements of section 114 of the Clean Air Act and section <br />308 of the Federal Water Pollution Control Act, and all regulations and guidelines issued <br />thereunder; and <br />iii.Stipulates that, as a condition of federal aid pursuant to this Contract, it shall notify INDOT <br />and the Federal Highway Administration of the receipt of any knowledge indicating that a <br />facility to be utilized in performance under or to benefit from this Contract is under <br />consideration to be listed on the EPA Listing of Violating Facilities. <br />29.Severability. The invalidity of any section, subsection, clause or provision of this Contract shall not <br />affect the validity of the remaining sections, subsections, clauses or provisions of this Contract. <br />30.Status of Claims. The CONSULTANT shall give prompt written notice to the LPA any claims made <br />for damages against the CONSULTANT resulting from Services performed under this Contract and <br />shall be responsible for keeping the LPA currently advised as to the status of such claims. The <br />CONSULTANT shall send notice of claims related to work under this Contract 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 />31.Sub-consultant Acknowledgement. The CONSULTANT agrees and represents and warrants to the <br />LPA, that the CONSULTANT will obtain signed Sub-consultant Acknowledgement forms, from all <br />SUB-CONSULTANTS providing Services under this Contract or to be compensated for Services <br />through this Contract. The CONSULTANT agrees to provide signed originals of the Sub-consultant <br />Acknowledgement form(s) to the LPA for approval prior to performance of the Services by any SUB- <br />CONSULTANT. <br />32.Substantial Performance. This Contract shall be deemed to be substantially performed only when <br />fully performed according to its terms and conditions and any modification or Amendment thereof. <br />33. Taxes. The LPA will not be responsible for any taxes levied on the CONSULTANT as a result of this <br />Contract. <br />34.Termination for Convenience. <br />A.The LPA may terminate, in whole or in part, whenever, for any reason, when the LPA <br />determines that such termination is in its best interests. Termination or partial termination of <br />Services shall be effected by delivery to the CONSULTANT of a Termination Notice at least <br />fifteen (15) days prior to the termination effective date, specifying the extent to which <br />performance of Services under such termination becomes effective. The CONSULTANT shall <br />be compensated for Services properly rendered prior to the effective date of termination. The <br />LPA will not be liable for Services performed after the effective date of termination. <br />B.If the LPA terminates or partially terminates this Contract for any reason regardless of whether <br />it is for convenience or for default, then and in such event, all data, reports, drawings, plans, <br />sketches, sections and models, all specifications, estimates, measurements and data pertaining
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