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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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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 />14 <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. <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 />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 determines <br />that such termination is in its best interests. Termination or partial termination of Services shall <br />be effected by delivery to the CONSULTANT of a Termination Notice at least fifteen (15) days <br />prior to the termination effective date, specifying the extent to which performance of Services <br />under such termination becomes effective. The CONSULTANT shall be compensated for <br />Services properly rendered prior to the effective date of termination. The LPA will not be liable <br />for Services performed after the effective date of termination.
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