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(a)For progressive payments-Upon receipt of monthly invoices from the ENGINEER and the approval thereof by the
<br /> LPA,monthly payments for the work performed shall be due and payable to the ENGINEER,such payments to be
<br /> equal to the value of the partially completed work minus all previous partial payments made to the ENGINEER.
<br /> (b)Final Payment-Upon approval of the work by the LPA but not later than 60 days after the work is completed and
<br /> reports have been made and accepted by LPA and DEPARTMENT,a sum of money equal to the basic fee as
<br /> determined in this AGREEMENT less the total of the amount of partial payments previously paid to the ENGINEER
<br /> shall be due and payable to the ENGINEER.
<br /> 5. To pay the ENGINEER as compensation for all services rendered in accordance with the AGREEMENT on the basis of the
<br /> following compensation method as discussed in 5-5.10 of the BLR Manual.
<br /> Method of Compensation:
<br /> ❑ Lump Sum
<br /> ❑ Specific Rate
<br /> 1Z Cost plus Fixed Fee: Fixed
<br /> Total Compensation=DL+DC+OH+FF
<br /> Where:
<br /> DL is the total Direct Labor,
<br /> DC is the total Direct Cost,
<br /> OH is the firm's overhead rate applied to their DL and
<br /> FF is the Fixed Fee.
<br /> Where FF=(0.33+R)DL+%SubDL,where R is the advertised Complexity Factor and%SubDL is 10%profit
<br /> allowed on the direct labor of the subconsultants.
<br /> The Fixed Fee cannot exceed 15%of the DL+OH.
<br /> Field Office Overhead Rates:Field rates must be used for construction engineering projects expected to exceed one
<br /> year in duration or if the construction engineering contract exceeds$1,000,000 for any project duration.
<br /> 6. The recipient shall not discriminate on the basis of race,color,national original or sex in the award and performance of any US
<br /> DOT-assisted contract or in the administration of its DBE program or the requirements of 49 CFR part 26.The recipient shall take
<br /> all necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination in the award and administration of US
<br /> DOT-assisted contracts.The recipient's DBE program,as required by 49 CFR part 26 and as approved by US DOT,is
<br /> incorporated by reference in this agreement.Implementation of this program is a legal obligation and failure to carry out its terns
<br /> shall be treated as violation of this AGREEMENT.Upon notification to the recipient of its failure to cavy out its approved program,
<br /> the Department may impose sanctions as provided for under part 26 and may,in appropriate cases,refer the matter for
<br /> enforcement under 18 U.S.C.1001 and/or the Program Fraud Civil Remedies Act of 1986(31 U.S.0 3801 et seq.).
<br /> 7. To certify by execution of the AGREEMENT that the selection of the ENGINEER was performed n accordance with the Local
<br /> Government Professional Services Selection Act 50 ILCS 510,the Brooks Act 40 USC 11,and Procurement,Management,and
<br /> Administration of Engineering and Design related Services(23 CRF part 172).Exhibit C is required to be completed with this
<br /> agreement.
<br /> Ill. IT IS MUTUALLY AGREED,
<br /> 1. No work shall be commenced by the ENGINEER prior to Issuance by the IDOT of a written Notice to Proceed.
<br /> 2. To maintain,for a minimum of 3 years after the completion of the contract,adequate books,records and supporting documents to
<br /> verify the amount, 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,
<br /> and the DEPARTMENT,the Federal Highways Administration(FHWA)or any authorized representative of the federal
<br /> government,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 DEPARTMENT for the recovery of any funds paid by the
<br /> DEPARTMENT under the contract for which adequate books,records and supporting documentation are not available to support
<br /> their purported disbursement.
<br /> 3. 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 LPA,the DEPARMTENT,
<br /> and their officers,agents,and employees from all suits,claims,actions or damage liabilities,costs or damages of any nature
<br /> whatsoever resulting there from.These indemnities shall not be limited by the listing of any insurance policy.
<br /> The LPA will notify the ENGINEER of any error or omission believed by the LPA to be caused by the negligence of the
<br /> ENGINEER as soon as practicable after the discovery.The LPA reserves the right to take immediate action to remedy any error
<br /> or omission if notification is not successful;if the ENGINEER fails to reply to a notification;or if the conditions created by the error
<br /> or omission are in need of urgent correction to avoid accumulation of additional construction costs or damages to property and
<br /> reasonable notice is not practicable.
<br /> 4. This AGREEMENT may be terminated by the LPA upon giving notice in writing to the ENGINEER at the ENGINEER's last known
<br /> post office address.Upon such termination,the ENGINEER shall cause to be delivered to the LPA 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 /> LPA.The LPA will be responsible for reimbursement of all eligible expenses incurred under the terms of this AGREEMENT up to
<br /> the date of the written notice of termination.
<br /> Completed 11/12/21 Page 3 of 11 BLR 05530(Rev.08/05121)
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