R2022-13 Resolution Authorizing an Engineering Services Agreement with WHKS and Co. and Appropriating Rebuild Illinois (RBI) Funds for the Grove Road Bridge over Sand Creek Arm of Lake Decatur, SN 058-6010, City Project 2019-34

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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 ® EXHIBIT C: Direct Costs Check Sheet ® EXHIBIT D:Qualification Based Selection(QBS)Checklist ® EXHIBIT E: Cost Estimate of Consultant Services Worksheet(BLR 05513 or BLR 05514) ® EXHIBIT F: Insurance Requirements ® EXHIBIT G: Certificates of Insurance ® EXHIBIT H: Scope Memorandum 1. 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,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. 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. 8. 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. 9. For Preliminary Engineering Contracts: (a)To attend meetings and visit the site of the proposed improvement when requested to do so by representatives of the LPA or the DEPARTMENT,as defined in Exhibit A(Scope of Services). (b)That all plans and other documents furnished by the ENGINEER pursuant to the AGREEMENT will be endorsed by the ENGINEER and affixed the ENGINEER's professional seal when such seal is required by law. Such endorsements must be made by a person, duly licensed or registered in the appropriate category by the Department of Professional Regulation of the State of Illinois. It will be the ENGINEER's responsibility to affix the proper seal as required by the Bureau of Local Roads and Streets manual published by the DEPARTMENT. (c)That the ENGINEER is qualified technically and is thoroughly conversant with the design standards and policies applicable for the PROJECT;and that the ENGINEER has sufficient properly trained,organized and experienced personnel to perform the services enumerated in Exhibit A(Scope of Services). 10. 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). 11. THE LPA AGREES 1. To certify by execution of this AGREEMENT that the selection of the ENGINEER was performed in accordance with the Professional Services Selection Act(50 ILCS 510)(Exhibit D). 2. To furnish the ENGINEER all presently available survey data,plans,specifications, and project information. 3. To pay the ENGINEER: (a)For progressive payments-Upon receipt of monthly invoices from the ENGINEER and the approval thereof by the LPA, monthly payments for the work performed shall be due and payable to the ENGINEER,such payments to be equal to the value of the partially completed work minus all previous partial payments made to the ENGINEER. (b)Final payment-Upon approval of the work by the LPA but not later than 60 days after the work is completed and reports have been made and accepted by the LPA and DEPARTMENT a sum of money equal to the basic fee as determined in this AGREEMENT less the total of the amount of partial payments previously paid to the ENGINEER Completed 01/11/22 Page 2 of 10 BLR 05530(Rev.08/05/21)