R2021-218 Resolution Approving a Local Public Agency Engineering Services Agreement with AECOM Technical Services, Inc., for the Brush College/Faries Parkway Grade Separation Project City Project 2009-33 Section 09-00933-01-BR

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5. in the event that the DEPARMENT stops payment to the LPA,the LPA may suspend work on the project.If this agreement is suspended by the LPA for more than thirty(30)calendar days,consecutive or in aggregate,over the term of this AGREEMENT, the ENGINEER shall be compensated for all services performed and reimbursable expenses incurred as a result of the suspension and resumption of its services,and the ENGINEER's schedule and fees for the remainder of the project shall be equitably adjusted. 6. This AGREEMENT shall continue as an open contract and the obligations created herein shall remain in full force and effect until the completion of construction of any phase of professional services performed by others based upon the service provided herein. All obligations of the ENGINEER accepted under this AGREEMENT shall cease if construction or subsequent professional services are not commenced within 5 years after final payment by the LPA. 7. That the ENGINEER shall be responsible for any and all damages to property or persons arising out of an error,omission and/or negligent act in the prosecution of the ENGINEER's work and shall indemnify and have harmless the LPA,the DEPARTMENT, and their officers,employees from all suits,claims,actions or damages liabilities,costs or damages of any nature whatsoever resulting there from.These indemnities shall not be limited by the listing of any insurance policy. 8. The ENGINEER and LPA certify that their respective firm or agency: (a)has not employed or retained for commission,percentage,brokerage,contingent fee or other considerations,any firm or person(other than a bona fide employee working solely for the LPA or the ENGINEER)to solicit or secure this AGREEMENT, (b)has not agreed,as an express or implied condition for obtaining this AGREEMENT,to employ or retain the services of any firm or person in connection with carrying out the AGREEMENT or (c)has not paid,or agreed to pay any firm,organization or person(other than a bona fide employee working solely for the LPA or the ENGINEER)any fee,contribution,donation or consideration of any kind for,or in connection with, procuring or carrying out the AGREEMENT. (d)that neither the ENGINEER nor the LPA is/are not presently debarred,suspended,proposed for debarment,declared ineligible or voluntarily excluded from covered transactions by any Federal department or agency, (e)has not within a three-year period preceding the AGREEMENT been convicted of or had a civil judgment rendered against them for commission of fraud or criminal offense in connection with obtaining,attempting to obtain or performing a public(Federal,State or local)transaction;violation of Federal or State antitrust statutes or commission of embezzlement,theft,forgery,bribery,falsification or destruction of records,making false statements or receiving stolen property, (f) are not presently indicated for or otherwise criminally or civilly charged by a government entity(Federal,State or local)with commission of any of the offenses enumerated in paragraph(e)and (g)has not within a three-year period preceding this AGREEMENT had one or more public transaction(Federal,State or local)terminated for cause or default. Where the ENGINEER or LPA is unable to certify to any of the above statements in this certification,an explanation shall be attached to this AGREEMENT. 9. In the event of delays due to unforeseeable causes beyond the control of and without fault or negligence of the ENGINEER no claim for damages shall be made by either party.Termination of the AGREEMENT or adjustment of the fee for the remaining services may be requested by either party if the overall delay from the unforeseen causes prevents completion of the work within six months after the specified completion date.Examples of unforeseen causes include but are not limited to:acts of God or a public enemy;act of the LPA,DEPARTMENT,or other approving parry not resulting from the ENGINEER's unacceptable services;fire;strikes;and floods. If delays occur due to any cause preventing compliance with the PROJECT SCHEDULE,the ENGINEER shall apply in writing to the LPA for an extension of time. If approved,the PROJECT SCHEDULE shall be revised accordingly. 10. This certification is required by the Drug Free Workplace Act(30 ILCS 580).The Drug Free Workplace Act requires that no grantee or contractor shall receive a grant or be considered for the purpose of being awarded a contract for the procurement of any property or service from the DEPARTMENT unless that grantee or contractor will provide a drug free workplace.False certification or violation of the certification may result in sanctions including,but not limited or suspension of contract on grant payments,termination of a contract or grant and debarment of the contracting or grant opportunities with the DEPARTMENT for at least one(1)year but not more than(5)years. For the purpose of this certification,"grantee"or"Contractor"means a corporation,partnership or an entity with twenty-five(25) or more employees at the time of issuing the grant or a department,division or other unit thereof,directly responsible for the specific performance under contract or grant of$5,000 or more from the DEPARTMENT,as defined the Act. The contractor/grantee certifies and agrees that it will provide a drug free workplace by: (a)Publishing a statement: (1)Notifying employees that the unlawful manufacture,distribution,dispensing,possession or use of a controlled substance,including cannabis,is prohibited in the grantee's or contractor's workplace. (2)Specifying actions that will be taken against employees for violations of such prohibition. (3)Notifying the employee that,as a condition of employment on such contract or grant,the employee will: (a)abide by the terms of the statement;and (b)notify the employer of any criminal drug statue conviction for a violation occurring in the workplace no later than(6)days after such conviction. (b)Establishing a drug free awareness program to inform employees about: Completed 11/12/21 Page 4 of 11 BLR 05530(Rev.08105/21)