R2021-218 Resolution Approving a Local Public Agency Engineering Services Agreement with AECOM Technical Services, Inc., for the Brush College/Faries Parkway Grade Separation Project City Project 2009-33 Section 09-00933-01-BR

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AGREEMENT EXHIBITS The following EXHIBITS are attached hereto and made a part of hereof this AGREEMENT: ® EXHIBIT A:Scope of Services EXHIBIT B:Project Schedule Bj EXHIBIT C:Direct Costs Check Sheet ® EXHIBIT D:Qualification Based Selection(QBS)Checklist ® EXHIBIT E:Cost Plus Fixed Fee Cost Estimate of Consultant Services Worksheet(BLR 05513 or BLR 05514) I I. THE ENGINEER AGREES, 1. To perform or be responsible for the performance of the Scope of Services presented in EXHIBIT A for the LPA in connection with the proposed improvements herein before described. 2. The Classifications of the employees used in the work shall be consistent with the employee classifications and estimated staff hours.If higher-salaried personnel of the firm,including the Principal Engineer,perform services that are to be performed by lesser-salaried personnel,the wage rate billed for such services shall be commensurate with the payroll rate for the work performed. 3. That the ENGINEER shall be responsible for the accuracy of the work and shall promptly make necessary revisions or corrections required as a result of the ENGINEER'S error,omissions or negligent acts without additional compensation. Acceptance of work by the LPA or DEPARTMENT will not relieve the ENGINEER of the responsibility to make subsequent correction of any such errors or omissions or the responsibility for clarifying ambiguities. 4. That the ENGINEER will comply with applicable Federal laws and regulations,State of Illinois Statutes,and the local laws or ordinances of the LPA. 5. To pay its subconsultants for satisfactory performance no later than 30 days from receipt of each payment from the LPA. 6. To invoice the LPA for Preliminary and/or Design Engineering:The ENGINEER shall submit all invoices to the LPA within three months of the completion of the work called for in the AGREEMENT or any subsequent Amendment or Supplement. 7. To submit a completed BLR 05613,Engineering Payment Report,to the DEPARTMENT within three months of the completion of the work called for in this AGREEMENT or any subsequent Amendment or Supplement.The form shall be submitted with the final invoice. 8. The ENGINEER or subconsultant shall not discriminate on the basis of race,color,national origin or sex in the performance of this AGREEMENT.The ENGINEER shall carry out applicable requirements of 49 CFR part 26 in the administration of US Department of Transportation(US DOT)assisted contract.Failure by the Engineer to carry out these requirements is a material breach of this AGREEMENT,which may result in the termination of this AGREEMENT or such other remedy as the LPA deems appropriate. 9. That none of the services to be furnished by the ENGINEER shall be sublet assigned or transferred to any other party or parties without written consent of the LPA.The consent to sublet,assign or otherwise transfer any portion of the services to be furnished by the ENGINEER shall be construed to relieve the ENGINEER of any responsibility for the fulfillment of this AGREEMENT. 10. For Construction Engineering Contracts: (a)The ENGINEER shall be prequalified with the STATE in Construction Inspection.All employees of the ENGINEER serving as the onsite resident construction supervisor or providing construction inspection shall have a valid Documentation of Contract Quantities certification. (b)For all projects where testing is required,the ENGINEER shall obtain samples according to the STATE Bureau of Materials."Manual of Test Procedures for Materials,"submit STATE Bureau of Materials inspection reports;and verify compliance with contract specifications. 11. That the engineering services shall include all equipment,instruments,supplies,transportation and personnel required to perform the duties of the ENGINEER in connection with this AGREEMENT See Exhibit C). II. THE LPA AGREES, 1. To certify by execution of this AGREEMENT that the selection of the ENGINEER was performed in accordance with the following: (a)Professional Services Selection Act(50 ILCS 510),The Brooks Act(40 USC 11),and the Procurement, Management,and Administration of Engineering,and Design Related Services(23 CFR part 172).Exhibit D is required to be completed with this AGREEMENT. 2. To furnish the ENGINEER all presently available survey data,plans,specifications,and project information. 3. For Construction Engineering Contracts: (a)To furnish a full time LPA employee to be In Responsible Charge authorized to administer inherently governmental PROJECT activities. (b)To submit approved forms BC 775 and BC 776 to the DEPARTMENT when federal funds are utilized. 4. To pay the ENGINEER: Completed 11/12/21 Page 2 of 11 BLR 05530(Rev.08105/21)