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<br /> or omission if notification is not successful; if the ENGINEER fails to reply to a notification;or if the conditions created by the error
<br /> or omission are in need of urgent correction to avoid accumulation of additional construction costs or damages to property and
<br /> reasonable notice is not practicable.
<br /> 3. This AGREEMENT may be terminated by the LPA upon giving notice in writing to the ENGINEER at the ENGINEER's last known
<br /> post office address. Upon such termination, the ENGINEER shall cause to be delivered to the LPA all drawings,plats,surveys,
<br /> reports, permits, agreements.soils and foundation analysis, provisions, specifications, partial and completed estimates and data.
<br /> if any from soil survey and subsurface investigation with the understanding that all such materials becomes the property of the
<br /> LPA. The LPA will be responsible for reimbursement of all eligible expenses incurred under the terms of this AGREEMENT up to
<br /> the date of the written notice of termination.
<br /> 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 ENGtNEER'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 lee 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. By execution of this AGREEMENT the LPA and ENGINEER certify compliance with the Drug Free Workplace(30 ILCS 580). The
<br /> Drug Free Workplace Act requires that no grantee or contractor shall receive a grant or be considered for the purpose of being
<br /> awarded a contract for the procurement of any property or service from the DEPARTMENT unless that grantee or contractor will
<br /> provide a drug free workplace. False certification or violation of the certification may result in sanctions including,but not limited
<br /> to suspension of contract on grant payments,termination of a contract or grant and debarment of the contracting or grant
<br /> opportunities with the DEPARTMENT for 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 /> Page 4 of 13 BLR 05530(Rev 1024,25)
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