R2018-130 Resolution to Approve Preliminary Engineering Services Agreement for Federal Participation for Design Services to Improve the Brush College / Faries Parkway Grade Separation by Municipality Under the Illinois Highway Code City Project 2009-33 Se

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�i II. THE LPA AGREES, � 1. To fumish the ENGiNEER al(presently avaiiable survey data and infarmation 2. To pay the ENGINEER as campensatian for ai!services rendered in accordance with this AGREEMENT,on the basis of the following campensation formulas: Cost Plus Fixed Fee � CPFF= 14.5%[C7L+ R(DL)+OH(DL) + IHDGj,or ❑ CPFF=14.5%(DL+R(DLj+1.4(DL)+ IHDC),or ❑ CPFF= 14.5°ro��.�+��+��c� Where: DL=Direct Labor IHDC= In House Direct Cosis OH=Cansultant Firm's Actual Overhead Factar R=Complexity Factor Specific Rate ❑ (Pay per element) Lump Sum ❑ 3. To pay the ENGINEER using one of the fol(owing methods as required by 49 CFR part 26 and 605 ILCS 5/5-409: ❑ With Retainage a} For the firs#50°lo af completed wark,and upon receipt of monthly invoices from the ENGINEER and the approval thereof by the I.PA,monthiy payments for the wark performed sha0 be due and payable#a the ENGIM1IEEFt,such payments to be equal ta 9Q%af the value of the partialfy campleted work minus a11 previous partiai payments made to the ENGINEER. b) After 50%af the work is completed,and upan receipt nf monthly invoices from the ENGWEER and the appraval thereof by the LPA, monthly payments covering wark performed shall be due and payabfe to the ENGINEER,such payments ta be equal to 95°!0 oi the value of#he partialiy compieted work minus all previous partiai payments made ta the ENGiNEER. c) Fina!Payment—Upon approva!of the work by the�PA but not later ihan 60 days after ihe work is completed and reparts have been made and accepted by the LPA and the STATE,a sum of rnoney equal fo the basic fee as determined in this AGREEMENT(ess the total af the amounts of partiai payments previously paid to the ENGINEER shall be due and payable to the ENGlNEER. � Without Retainage a} For progressive payments—Upan receipf af manfhly invoices from the ENG(NEER and the appraval thereof by the LPA, monthly payments far the work performed shall be due and payabla to the ENG(NEER,such payments to be equal ta the value of the partially completed work minus aU previaus partia!payments made#o the ENGINEER. b} Finat Payment—Upon approval af the work by the LPA but not fater than 60 days after the work is completed and reparts have been made and accepted by the�PA and STATE, a sum o money squai to the basic fee as determined in this AGREEMEN7 less ths total of the amounts of partial payments previously paid ta the ENGiNEER sha(I be due and payab#e to the ENGINEER. 4. The recipient shall not discriminate an the basis of race,color,natianal origin or sex in the award and performance of any DOT- assisted contract or in the administration af its DBE program or the requirements of 49 CFR part 26. The recipient shall take all necessary and reasonabfe steps under 49 GFR pari 26 to ensure nondiscriminatian in the award and administration of DC3T-assis#ed contracts. The recipienYs DBE program,as required by 49 CFR part 26 and as appraved by DOT,is incarparated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry oui its terms shall be treated as violation of this agreemenL tlpon notifieatian to the racipient of its faiiure ta carry out its approved program,the Department may impose sanciions as provided far under part 26 and may,in apprapriate eases,re#er the matter far enforcement under 18 U.S.C. 1001 endlor the Program Fraud Civil Fiemedies Act of 1986(31 U,S.C.3801 et seq.), 5. To certify by executian of this AGREEMENT that the selection af the ENGINEER was performed in accordance with the Local Government Professianal Services Selection Act 5U ILCS 510,the Brooks Act�OUSC 11,and Procurement, Management, and Administration of Engineering and Design related Services(23 CFR part 172}, Exhibit C is required to be completed with this agreement. III. IT IS MUTA�LY AGREED, t. That na work shall be commenced by the ENGINEER prior to issuance by the LPA af a written Notice to Proceed. 2. That tracings,plans,specifications,estimates,maps and other documents prepared by the ENGINEER in aceordance with this AGREEMENT shall be delivered to and become the property of the LPA and that basic survey notes,sketches,charts and ather da#a prepared ar abtained in accordance with fhis AGREEMENT shall be made available, upan request,to the LPA or to the STATE, without restriction or limitation as to their use. Page 3 of 8 BtR 05610(Rev.i t/09/1� Printed on 9/24/2018 10:24:12 AM