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Ifi. IT IS IiAUTALLY AGREED,
<br /> 1. That no work shall be commenced by the ENGINEER prior to issuance by the LA of a written Notice to Proceed.
<br /> � 2. That tracings, plans, specifications, estimates,maps and other documents prepared by the ENGINEER in accordance with this
<br /> AGREEMENT shail be delivered to and become the property of the LA and that basic survey notes,sketches,charts and other data
<br /> prepared or obtained in accordance with this AGREEMENT shall be made available, upon request,to the LA or to the STATE,
<br /> without restriction or limitation as to their use.
<br /> 3. That all reports, plans,estimates and special provisions furnished by the ENGINEER shall be in accordance with the current
<br /> Standard Specifications for Road and Bridge Construction, Bureau of Local Roads and Streets Administrative Policies, Federal-Aid
<br /> Procedures for Local Highway Improvements or any other applicable requirements of the STATE, it being understood that alI such
<br /> furnished documents shall be approved by the LA and the STATE before final acceptance. During the performance of the
<br /> engineering services herein provided for,the ENGINEER shall be responsible for any loss or damage to the documents herein
<br /> enumerated while they are in the ENGINEER's possession and any such loss or damage shall be restored at the ENGINEER's
<br /> expense.
<br /> 4 That none of the services to be furnished by the ENGINEER shall be sublet, assigned or transferred to any other party or parties
<br /> without written consent of the LA. The consent to sublet, assign or otherwise transfer any portion of the services to be furnished by
<br /> the ENGINEER shall not be construed to relieve the ENGINEER of any responsibility for the fulfillment of this agreement
<br /> 5 To maintain,for a minimum of 3 years after the completion of the contract,adequate books, records and supporting documents to
<br /> verify the amounts, recipients and uses of all disbursements of funds passing in conjunction with the contract;the contract and all
<br /> books, records and supporting documents related to the contract shall be available for review and audit by the Auditor General and
<br /> the STATE;and to provide full access to all relevant materials. Failure to maintain the books, records and supporting documents
<br /> required by this section shall establish a presumption in favor of the STATE for the recovery of any funds paid by the STATE under
<br /> the contract for which adequate books,records and suppo�ting documentation are not available to support their purported
<br /> disbursement.
<br /> 6. The payment by the LA in accordance with numbered paragraph 3 of Section II will be considered payment in full for all services
<br /> rendered in accordance with this AGREEMENT whether or not they be actually enumerated in this AGREEMENT.
<br /> 7. 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 save harmless the LA,the STATE,and their
<br /> officers,agents and employees from all suits,claims,actions or damages of any nature whatsoever resulting there from. These
<br /> indemnities shall not be limited by the listing of any insurance policy.
<br /> 8. This AGREEMENT may be terminated by the LA upon giving notice in writing to the ENGINEER at the ENGINEER's last known post
<br /> office address. Upon such termination,the ENGINEER shall cause to be delivered to the LA 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 material becomes the property of the
<br /> LA. The LA will be responsible for reimbursement of all etigible expenses to date of the written notice of termination.This
<br /> certification is required by the Drug Free Workplace Act(301LCS 580). The Drug Free Workplace Act requires that no grantee or
<br /> 9. contractor shall receive a grant or be considered for the purpose of being awarded a contract for the procurement of any
<br /> property or service from the State unless that grantee or contractor will provide a drug free workplace. False certification or
<br /> violation of the certification may result in sanctions including, but not limited to,suspension of contract or grant payments,
<br /> termination of a contract or grant and debarment of the contracting or grant opportunities with the State for at least one(1)year
<br /> but no more than five (5)years.
<br /> For the purpose of this certification,"grantee"or"contracto�"means a corporation, partnership or other entiry with twenty-five
<br /> (25)or more employees at the time of issuing the grant,or a department,division or other unit thereof,directly responsible for
<br /> the specific performance under a contract or grant of$5,000 or more from the State,as defined in 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 controlled
<br /> substance, including cannabis,is prohibited in the grantee's or contractor's workplace.
<br /> (2) Specifying the 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 no later than II
<br /> five(5)days after such conviction. �
<br /> Page 4 of 10 BLR 05610(Rev.9/06)
<br /> Printed on 5/12/2008 3:40:51 PM
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