|
r
<br /> _ 3. ; That alt reports, plans, estimates and special provisions furnished by the ENGINEER shall be in accordance with the current
<br /> � Standard Spe�ifications 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 all 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 supporting 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, reports,
<br /> permits, agreements,soils and foundation analysis, provisions,specifications, partial and completed estimates and data, if any from
<br /> soil survey and subsurface investigation with the understanding that all such material becomes the property of the LA. The LA will be
<br /> responsible for reimbursement of all eligible expenses to date of the written notice of termination.
<br /> 9. This certification is required by the Drug Free Workplace Act(301LCS 580). The Drug Free Workplace Act requires that no grantee
<br /> or contractor shall receive a grant or be considered for the purpose of being awarded a contract for the procurement of any properly
<br /> or service from the State unless that grantee or contractor will provide a drug free workplace. False certification or violation of the
<br /> certification may result in sanctions including, but not limited to,suspension of contract or grant payments,termination of a contract or
<br /> grant and debarment of the contracting or grant opportunities with the State for at least one(1)year but no more than five(5)years.
<br /> For the purpose of this certification,"grantee"or"contractor"means a corporation, partnership or other entity with twenty-five(25)or
<br /> more employees at the time of issuing the grant,or a department, division or other unit thereof,directly responsible for the specific
<br /> 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 substance,
<br /> 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 ot 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 five(5)
<br /> 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 /> (2) The grantee's or contractor's policy of maintaining a drug free workplace;
<br /> (3) Any available drug counseling, rehabilitation and employee assistance program; and
<br /> (4) The penalties that may be imposed upon an employee for drug violations.
<br /> c. Providing a copy of the statement required by subparagraph(a)to each employee engaged in the perFormance of the contract or
<br /> grant and to post the statement in a prominent place in the workplace.
<br /> d. Notifying the contracting or granting agency within ten (10)days after receiving notice under part(B)of paragraph (3)of
<br /> subsection(a)above from an employee or otherwise receiving actual notice of such conviction.
<br /> e. Imposing a sanction on,or requiring the satisfactory participation in a drug abuse assistance or rehabilitation program by,
<br /> f. Assisting employees in selecting a course of action in the event drug counseling,treatment and rehabilitation is required and
<br /> indicating that a trained referral team is in place.
<br /> g. Making a good faith effort to continue to maintain a drug free workplace through implementation of the Drug Free Workplace Act.
<br /> Page 4 of 7 BLR 05610(Rev.9/06)
<br /> Printed on 10/3/2007 3:23:40 PM
<br />
|