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LPA Contract - SRTS Our Lady of Hungary Proj No. 122-007 – United Consulting
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LPA Contract - SRTS Our Lady of Hungary Proj No. 122-007 – United Consulting
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Board of Public Works
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Contracts
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2/13/2024
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Version 6-8-2017 <br />8 <br />The CONSULTANT shall take such action with respect to any SUBCONSULTANT <br />procurement as the LPA or INDOT may direct as a means of enforcing such provisions <br />including sanctions for noncompliance: Provided, however, that, in the event a <br />CONSULTANT becomes involved in, or is threatened with, litigation with a <br />SUBCONSULTANT or supplier as a result of such direction, the CONSULTANT may <br />request the LPA to enter into such litigation to protect the interests of the LPA, and, in <br />addition, the CONSULTANT may request the United States to enter into such litigation <br />to protect the interests of the United States. <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 <br />the dispute. Should the CONSULTANT fail to continue to perform its responsibilities <br />regarding all non-disputed work, without delay, any additional costs (including reasonable <br />attorneys’ fees and expenses) incurred by the LPA or the CONSULTANT as a result of such <br />failure to proceed shall 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 <br />have ten (10) business days, unless the parties mutually agree in writing to extend this period, <br />following the written notification to resolve the dispute. If the dispute is not resolved within ten <br />(10)business days, a dissatisfied party may submit the dispute in writing to initiate negotiations <br />to resolve the dispute. The LPA may withhold payments on disputed items pending resolution <br />of 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 <br />Indiana has been convicted of a criminal drug violation occurring in the CONSULTANT's <br />workplace. False certification or violation of the certification may result in sanctions including, <br />but not limited to, suspension of Contract payments, termination of this Contract and/or <br />debarment of 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 <br />that the unlawful manufacture, distribution, dispensing, possession or use of a controlled <br />substance is prohibited in the CONSULTANT’s workplace and specifying the actions <br />that 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;
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