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4. In the event that the DEPARTMENT stops payment to the LPA,the LPA may suspend work on the project. If this agreement is
<br /> suspended by the LPA for more than thirty(30)calendar days,consecutive or in aggregate, over the term of this AGREEMENT,
<br /> the ENGINEER shall be compensated for all services performed and reimbursable expenses incurred prior to receipt of notice of
<br /> suspension. In addition, upon the resumption of services the LPA shall compensate the ENGINEER,for expenses incurred as a
<br /> result of the suspension and resumption of its services,and the ENGINEER's schedule and fees for the remainder of the project
<br /> shall be equitably adjusted.
<br /> 5. This AGREEMENT shall continue as an open contract and the obligations created herein shall remain in full force and effect until
<br /> the completion of construction of any phase of professional services performed by others based upon the service provided
<br /> herein. All obligations of the ENGINEER accepted under this AGREEMENT shall cease if construction or subsequent
<br /> professional services are not commenced within 5 years after final payment by the LPA.
<br /> 6. That the ENGINEER shall be responsible for any and all damages to property or persons arising out of an error,omission and/or
<br /> negligent act in the prosecution of the ENGINEER's work and shall indemnify and have harmless the LPA,the DEPARTMENT,
<br /> and their officers, employees from all suits,claims, actions or damages liabilities, costs or damages of any nature whatsoever
<br /> resulting there from.These indemnities shall not be limited by the listing of any insurance policy.
<br /> 7. The ENGINEER and LPA certify that their respective firm or agency:
<br /> (a)has not employed or retained for commission,percentage, brokerage,contingent fee or other considerations, any
<br /> firm or person(other than a bona fide employee working solely for the LPA or the ENGINEER)to solicit or secure
<br /> this AGREEMENT,
<br /> (b)has not agreed,as an express or implied condition for obtaining this AGREEMENT,to employ or retain the services
<br /> of any firm or person in connection with carrying out the AGREEMENT or
<br /> (c)has not paid, or agreed to pay any firm, organization or person(other than a bona fide employee working solely for
<br /> the LPA or the ENGINEER)any fee,contribution,donation or consideration of any kind for,or in connection with,
<br /> procuring or carrying out the AGREEMENT.
<br /> (d)that neither the ENGINEER nor the LPA is/are not presently debarred,suspended,proposed for debarment,
<br /> declared ineligible or voluntarily excluded from covered transactions by any Federal department or agency,
<br /> (e)has not within a three-year period preceding the AGREEMENT been convicted of or had a civil judgment rendered
<br /> against them for commission of fraud or criminal offense in connection with obtaining,attempting to obtain or
<br /> performing a public(Federal,State or local)transaction;violation of Federal or State antitrust statutes or commission
<br /> of embezzlement,theft,forgery,bribery, falsification or destruction of records, making false statements or receiving
<br /> stolen property.
<br /> (f) are not presently indicated for or otherwise criminally or civilly charged by a government entity(Federal, State,or
<br /> local)with commission of any of the offenses enumerated in paragraph and
<br /> (g)has not within a three-year period preceding this AGREEMENT had one or more public transaction(Federal, State,
<br /> local)terminated for cause or default.
<br /> Where the ENGINEER or LPA is unable to certify to any of the above statements in this clarification,an explanation shall be
<br /> attached to this AGREEMENT.
<br /> 8. In the event of delays due to unforeseeable causes beyond the control of and without fault or negligence of the ENGINEER no
<br /> claim for damages shall be made by either party.Termination of the AGREEMENT or adjustment of the fee for the remaining
<br /> services may be requested by either party if the overall delay from the unforeseen causes prevents completion of the work within
<br /> six months after the specified completion date. Examples of unforeseen causes included but are not limited to: acts of God or a
<br /> public enemy;acts of the LPA, DEPARTMENT, or other approving party not resulting from the ENGINEER's unacceptable
<br /> services;fire; strikes; and floods.
<br /> If delays occur due to any cause preventing compliance with the PROJECT SCHEDULE,the ENGINEER shall apply in writing to
<br /> the LPA for an extension of time. If approved,the PROJECT SCHEDULE shall be revised accordingly.
<br /> 9. This certification is required by the Drug Free Workplace Act(301LCS 580).The Drug Free Workplace Act requires that no
<br /> grantee or contractor shall receive a grant or be considered for the purpose of being awarded a contract for the procurement of
<br /> any property or service from the DEPARTMENT unless that grantee or contractor will provide a drug free workplace. False
<br /> certification or violation of the certification may result in sanctions including, but not limited to suspension of contract on grant
<br /> payments,termination of a contract or grant and debarment of the contracting or grant opportunities with the DEPARTMENT for
<br /> at least one(1)year but not more than(5)years.
<br /> For the purpose of this certification,"grantee"or"Contractor'means a corporation, partnership or an entity with twenty-five(25)
<br /> or more employees at the time of issuing the grant or a department,division or other unit thereof,directly responsible for the
<br /> specific performance under contract or grant of$5,000 or more from the DEPARTMENT,as defined the Act.
<br /> The contractor/grantee certifies and agrees that it will provide a drug free workplace by:
<br /> (a)Publishing a statement:
<br /> (1)Notifying employees that the unlawful manufacture,distribution,dispensing, possession or use of a
<br /> controlled substance, including cannabis, is prohibited in the grantee's or contractor's workplace.
<br /> (2)Specifying actions that will be taken against employees for violations of such prohibition.
<br /> (3)Notifying the employee that, as a condition of employment on such contract or grant,the employee will:
<br /> (a)abide by the terms of the statement;and
<br /> (b)notify the employer of any criminal drug statute conviction for a violation occurring in the workplace
<br /> no later than(5)days after such conviction.
<br /> (b)Establishing a drug free awareness program to inform employees about:
<br /> (1)The dangers of drug abuse in the workplace;
<br /> Completed01/11/22 Page 4 of 10 BLR 05530(Rev.08105/21)
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