R2024-28 Resolution Authorizing a Construction Engineering Services Agreement with WHKS and Co. and Appropriating Motor Fuel Tax Rebuild Illinois (RBI) Funds for the Grove Road Bridge Over Sand Creek Arm of Lake Decatur

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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:Qualification Based Selection(QBS)Checklist ❑ EXHIBIT D: Cost Estimate of Consultant(CECS)Services Worksheet(BLR 05513 or BLR 05514 ) ® EXHIBIT D : Direct Costs Check Sheet(attach BDE 436 when using Lump Sum on Specific Rate Compensation) ® Exhibit E:Engineering Estimate Specific Rate 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,The ENGINEER shall submit all invoices, based on the ENGINEER's progress reports,to the LPA employee In Responsible Charge, no more than once a month for partial payment on account for the ENGINEER's work to date. Such invoices shall represent the value,to the LPA of the partially completed work, based on the sum of the actual costs incurred, plus a percentage(equal to the percentage of the construction engineering completed)of the fixed fee for the fully completed work. 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 Construction Engineering Contracts: (a)For Quality Assurance services, provide personnel who have completed the appropriate STATE Bureau of Materials QC/QA trained technical classes. (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. 10. That 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 DIRECT COST tab in BLR 05513 or BLR 05514). 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 C). 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: (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 Completed 01/30/24 Page 2 of 9 BLR 05530(Rev.07/08/22)