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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 />5 <br />9.Confidentiality of LPA Information. <br />A.The CONSULTANT understands and agrees that data, materials, and information disclosed to <br />the CONSULTANT may contain confidential and protected information. Therefore, the <br />CONSULTANT covenants that data, material, and information gathered, based upon or disclosed <br />to the CONSULTANT for the purpose of this Contract, will not be disclosed to others or <br />discussed with third parties without the LPA’s prior written consent. <br />B.The parties acknowledge that the Services to be performed by the CONSULTANT for the LPA <br />under this Contract may require or allow access to data, materials, and information containing <br />Social Security numbers and maintained by the LPA in its computer system or other records. In <br />addition to the covenant made above in this section and pursuant to 10 IAC 5-3-1(4), the <br />CONSULTANT and the LPA agree to comply with the provisions of IC 4-1-10 and IC 4-1-11. <br />If any Social Security number(s) is/are disclosed by the CONSULTANT, the CONSULTANT <br />agrees to pay the cost of the notice of disclosure of a breach of the security of the system in <br />addition to any other claims and expenses for which it is liable under the terms of this Contract. <br />10.Delays and Extensions. The CONSULTANT agrees that no charges or claim for damages shall be <br />made by it for any minor delays from any cause whatsoever during the progress of any portion of the <br />Services specified in this Contract. Such delays, if any, shall be compensated for by an extension of <br />time for such period as may be determined by the LPA subject to the CONSULTANT's approval, it <br />being understood, however, that permitting the CONSULTANT to proceed to complete any services, <br />or any part of them after the date to which the time of completion may have been extended, shall in no <br />way operate as a waiver on the part of the LPA of any of its rights herein. In the event of substantial <br />delays or extensions, or change of any kind, not caused by the CONSULTANT, which causes a material <br />change in scope, character or complexity of work the CONSULTANT is to perform under this Contract, <br />the LPA at its sole discretion shall determine any adjustments in compensation and in the schedule for <br />completion of the Services. CONSULTANT must notify the LPA in writing of a material change in the <br />work immediately after the CONSULTANT first recognizes the material change. <br />11.DBE Requirements. <br />A.Notice is hereby given to the CONSULTANT and any SUB-CONSULTANT, and both agree, <br />that failure to carry out the requirements set forth in 49 CFR Sec. 26.13(b) shall constitute a <br />breach of this Contract and, after notification and failure to promptly cure such breach, may result <br />in termination of this Contract or such remedy as INDOT deems appropriate. The referenced <br />section requires the following assurance to be included in all subsequent contracts between the <br />CONSULTANT and any SUB-CONSULTANT: <br />The CONSULTANT, sub recipient or SUB-CONSULTANT shall not discriminate <br />on the basis of race, color, national origin, or sex in the performance of this Contract. <br />The CONSULTANT shall carry out applicable requirements of 49 CFR Part 26 in <br />the award and administration of DOT-assisted contracts. Failure by the <br />CONSULTANT to carry out these requirements is a material breach of this Contract, <br />which may result in the termination of this Contract or such other remedy, as <br />INDOT, as the recipient, deems appropriate. <br />B.The CONSULTANT shall make good faith efforts to achieve the DBE percentage goal that may <br />be included as part of this Contract with the approved DBE SUB-CONSULTANTS identified on <br />its Affirmative Action Certification submitted with its Letter of Interest, or with approved <br />amendments. Any changes to a DBE firm listed in the Affirmative Action Certification must be <br />requested in writing and receive prior approval by the LPA and INDOT’s Economic Opportunity <br />Division Director. After this Contract is completed and if a DBE SUB-CONSULTANT has <br />performed services thereon, the CONSULTANT must complete, and return, a Disadvantaged <br />Business Enterprise Utilization Affidavit (“DBE-3 Form”) to INDOT’s Economic Opportunity <br />Division Director. The DBE-3 Form requires certification by the CONSULTANT AND DBE <br />SUB-CONSULTANT that the committed contract amounts have been paid and received.
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