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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 /> 13 <br />Notices to the LPA shall be sent to: <br />Gemma Stanton <br />Project Engineer <br />City of South Bend <br />227 West Jefferson Blvd. <br />South Bend, Indiana 46601 <br /> <br />Notices to the CONSULTANT shall be sent to: <br /> <br />Laurie D. Johnson, P.E. <br />Vice President <br />DLZ Indiana, LLC <br />2211 East Jefferson Blvd. <br />South Bend, Indiana 46615 <br /> <br />With a copy to: <br />Barry Lubow <br />Vice President/Legal Council <br />DLZ Corporation <br />6121 Huntley Road <br />Columbus, Ohio 43229 <br /> <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 recipient, <br />a Notice shall be deemed to have been given as of the date (i) when personally delivered; (ii) three (3) <br />days after the date deposited with the United States mail properly addressed; or (iii) the next day when <br />delivered during business hours to overnight delivery service, properly addressed and prior to such <br />delivery service’s cut off time for next day delivery. The parties acknowledge that notices delivered by <br />facsimile or by email shall not be effective. <br /> <br />24. Order of Precedence; Incorporation by Reference. Any inconsistency or ambiguity in this Contract <br />shall be resolved by giving precedence in the following order: (1) This Contract and attachments, (2) <br />RFP document, (3) the CONSULTANT’s response to the RFP document, and (4) attachments prepared <br />by the CONSULTANT. All of the foregoing are incorporated fully by reference. <br /> <br />25. Ownership of Documents and Materials. All documents, records, programs, data, film, tape, articles, <br />memoranda, and other materials not developed or licensed by the CONSULTANT prior to execution of <br />this Contract, but specifically developed under this Contract shall be considered “work for hire” and the <br />CONSULTANT assigns and transfers any ownership claim to the LPA and all such materials (“Work <br />Product) will be the property of the LPA. The CONSULTANT agrees to execute and deliver such <br />assignments or other documents as may be requested by the LPA. Use of these materials, other than <br />related to contract performance by the CONSULTANT, without the LPA’s prior written consent, is <br />prohibited. During the performance of this Contract, the CONSULTANT shall be responsible for any <br />loss of or damage to any of the Work Product developed for or supplied by INDOT and used to develop <br />or assist in the Services provided herein while any such Work Product is in the possession or control of <br />the CONSULTANT. Any loss or damage thereto shall be restored at the CONSULTANT’s expense. <br />The CONSULTANT shall provide the LPA full, immediate, and unrestricted access to the Work Product <br />during the term of this Contract. The CONSULTANT represents, to the best of its knowledge and belief <br />after diligent inquiry and other than as disclosed in writing prior to or contemporaneously with the <br />execution of this Contract by the CONSULTANT, that the Work Product does not infringe upon or <br />misappropriate the intellectual property or other rights of any third party. The CONSULTANT shall <br />not be liable for the use of its deliverables described in Appendix “A” on other projects without the <br />express written consent of the CONSULTANT or as provided in Appendix “A”. The LPA <br />acknowledges that it has no claims to any copyrights not transferred to INDOT under this paragraph. <br />
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