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' ❑ Furnish the•LA with survey and drafts in quadruplicate all necessary right-of-way dedications,construction easements and borrow <br /> pit and channel change agreements including prints of the corresponding plats and staking as required. <br /> II. THE LA AGREES, <br /> 1. To furnish the ENGINEER all presently available survey data and information <br /> 2. To pay the ENGINEER as compensation for all services rendered in accordance with this AGREEMENT,on the basis of the <br /> following compensation formulas: <br /> Cost Plus Fixed Fee X CPFF= 14.5%[DL+ R(DL)+OH(DL)+ IHDC],or <br /> ❑ CPFF= 14.5%[DL+R(DL)+ 1.4(DL)+ IHDC],or <br /> ❑ CPFF= 14.5%((2.3+ R)DL+ IHDCj <br /> Where: DL= Direct Labor <br /> IHDC= In House Direct Costs <br /> OH =Consultant Firm's Actual Overhead Factor <br /> R= Complexity Factor <br /> Specific Rate ❑ (Pay per element) <br /> Lump Sum ❑ <br /> 3. To pay the ENGINEER using one of the following methods as required by 49 CFR part 26 and 605 ILCS 5/5-409: <br /> ❑ With Retainage <br /> a) For the first 50%of completed work,and upon receipt of monthly invoices from the ENGINEER and the approval thereof by <br /> the LA,monthly payments for the work perFormed shali be due and payable to the ENGINEER,such payments to be equal to <br /> 90%of the value of the partially completed work minus all previous partial payments made to the ENGINEER. <br /> b) After 50%of the work is completed,and upon receipt of monthly invoices from the ENGINEER and the approval thereof by <br /> the LA, monthly payments covering work performed shall be due and payable to the ENGINEER,such payments to be equal to <br /> 95%of the value of the partially completed work minus all previous partial payments made to the ENGINEER. <br /> c) Final Payment—Upon approval of the work by the LA but not later than 60 days after the work is completed and reports have <br /> been made and accepted by the LA and the STATE, a sum of money equal to the basic fee as determined in this <br /> AGREEMENT less the total of the amounts of partial payments previously paid to the ENGINEER shall be due and payable to <br /> the ENGINEER. <br /> ❑ Without Retainage <br /> a) For progressive payments—Upon receipt of monthly invoices from the ENGINEER and the approval thereof by the LA, <br /> monthly payments for the work performed shall be due and payable to the ENGINEER, such payments to be equal to the value <br /> 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 LA but not later than 60 days after the work is completed and reports have <br /> been made and accepted by the LA and STATE,a sum o money equal to the basic fee as determined in this AGREEMENT <br /> less the total of the amounts of partial payments previously paid to the ENGINEER shall be due and payable to the ENGINEER. <br /> 4. The recipient shall not discriminate on the basis of race,color, national origin or sex in the award and performance of any DOT- <br /> assisted contract or in the administration of its DBE program or the requirements of 49 CFR part 26. The recipient shall take all <br /> necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination in the award and administration of DOT-assisted <br /> contracts. The recipient's DBE program,as required by 49 CFR part 26 and as approved by DOT, is incorporated by reference in <br /> this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as violation of <br /> this agreement. Upon notification to the recipient of its failure to carry out its approved program,the Department may impose <br /> sanctions as provided for under part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or <br /> the Program Fraud Civil Remedies Act of 1986(31 U.S.C. 3801 et seq.). <br /> Page 3 of 10 BLR 05610(Rev.9/06) <br /> Printed on 5/12/2008 3:40:51 PM <br />