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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 therefrom. 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�,4 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 or
<br /> contractor shall receive a grant or be considered for the purpose of being awarded a contract for the procurement of any property or
<br /> 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 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 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 othervvise 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 /> 10. The ENGINEER or subconsultant shall not discriminate on the basis of race, color, national origin or sex in the performance of this
<br /> AGREEMENT. The ENGINEER shall carry out applicable requirements of 49 CFR part 26 in the administration of DOT assisted
<br /> contracts. Failure by the ENGINEER to carry out these requirements is a material breach of this AGREEMENT,which may result in
<br /> the termination of this AGREEMENT or such other remedy as the LA deems appropriate.
<br /> Page 4 of 6 BLR 05610(Rev.1/06)
<br /> Printed on 7/11J2006 1:45:15 PM
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