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11. 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 �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+ IHDC] <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 shall 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, I <br /> monthly payments for the work performed shall be due and payable to the ENGINEER,such payments to be equal to the value i� <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 of 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 on the basis of race,color,national origin or sex in the award and performance of <br /> any DOT-assisted contract or in the administration of its DBE program or the requirements of 49 CFR part 26. The recipient shall <br /> take all necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination in the award and administration of DOT- <br /> assisted contracts. The recipienYs DBE program,as required by 49 CFR part 26 and as approved by DOT,is incorporated by <br /> reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as <br /> violation of this agreement. Upon notification to the recipient of its failure to carry out its approved program,the Department may <br /> impose sanctions as provided for under part 26 and may,in appropriate cases, refer the matter for enforcement under 18 U.S.C. <br /> 1001 and/or the Program Fraud Civil Remedies Act of 1986(31 U.S.C.3801 et seq.). <br /> Page 3 of 8 BLR 05610(Rev.9/O6) <br /> Printed on 1/30/2007 1:58:70 PM <br />