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PSA - Design of SRTS Around Kenney Academy Proj. No. 123-017 - DLZ Indiana, LLC
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PSA - Design of SRTS Around Kenney Academy Proj. No. 123-017 - DLZ Indiana, LLC
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4/25/2023 4:37:58 PM
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Board of Public Works
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Contracts
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4/25/2023
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Version 6-8-2017 <br />8 <br />13.Disputes. <br />A.Should any disputes arise with respect to this Contract, the CONSULTANT and the LPA agree <br />to act promptly and in good faith to resolve such disputes in accordance with this Section 13. <br />Time is of the essence in the resolution of disputes. <br />B.The CONSULTANT agrees that the existence of a dispute notwithstanding, it will continue <br />without delay to carry out all of its responsibilities under this Contract that are not affected by the <br />dispute. Should the CONSULTANT fail to continue to perform its responsibilities regarding all <br />non-disputed work, without delay, any additional costs (including reasonable attorneys’ fees and <br />expenses) incurred by the LPA or the CONSULTANT as a result of such failure to proceed shall <br />be borne by the CONSULTANT. <br />C.If a party to this Contract is not satisfied with the progress toward resolving a dispute, the party <br />must notify the other party of this dissatisfaction in writing. Upon written notice, the parties have <br />ten (10) business days, unless the parties mutually agree in writing to extend this period, following <br />the written notification to resolve the dispute. If the dispute is not resolved within ten (10) <br />business days, a dissatisfied party may submit the dispute in writing to initiate negotiations to <br />resolve the dispute. The LPA may withhold payments on disputed items pending resolution of <br />the dispute. <br />14.Drug-Free Workplace Certification. <br />A.The CONSULTANT hereby covenants and agrees to make a good faith effort to provide and <br />maintain a drug-free workplace, and that it will give written notice to the LPA within ten (10) <br />days after receiving actual notice that an employee of the CONSULTANT in the State of Indiana <br />has been convicted of a criminal drug violation occurring in the CONSULTANT's workplace. <br />False certification or violation of the certification may result in sanctions including, but not <br />limited to, suspension of Contract payments, termination of this Contract and/or debarment of <br />contracting opportunities with the LPA. <br />B.The CONSULTANT certifies and agrees that it will provide a drug-free workplace by: <br />i.Publishing and providing to all of its employees a statement notifying their employees that <br />the unlawful manufacture, distribution, dispensing, possession or use of a controlled <br />substance is prohibited in the CONSULTANT’s workplace and specifying the actions that <br />will be taken against employees for violations of such prohibition; <br />ii.Establishing a drug-free awareness program to inform its employees of (1) the dangers of <br />drug abuse in the workplace; (2) the CONSULTANT’s policy of maintaining a drug-free <br />workplace; (3) any available drug counseling, rehabilitation, and employee assistance <br />programs; and (4) the penalties that may be imposed upon an employee for drug abuse <br />violations occurring in the workplace; <br />iii.Notifying all employees in the statement required by subparagraph 14.B.i above that as a <br />condition of continued employment, the employee will (1) abide by the terms of the <br />statement; and (2) notify the CONSULTANT of any criminal drug statute conviction for a <br />violation occurring in the workplace no later than five (5) days after such conviction; <br />iv.Notifying in writing the LPA within ten (10) days after receiving notice from an employee <br />under subdivision 14.B.iii(2) above, or otherwise receiving actual notice of such <br />conviction;
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