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. , ', <br /> 2. To p'ay the ENGINEER as compensation for all services rendered in accordance with this AGREEMENT, on the basis of the <br /> fo�lowing compensation formulas: <br /> � Cost Plus Fixed Fee ❑ CPFF = 14.5%[DL+ R(DL) + OH(OL) + IHDC], or <br /> � CPFF = 14.5%[DL+ R(DL) + 1.4(DL) + IHDC], or <br /> ❑ CPFF = 14.5%[(2.3 + R)DL+ IHDC] <br /> Direct Labor Multiple ❑ DLM = [(2.8+ 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 tl�e first 50•k 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, <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 partiatly 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 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(31U.S.C. 3801 et seq.). <br /> III. IT IS MUTALLY AGREED, <br /> 1. That no work shall be commenced by the ENGINEER prior to issuance by the LA of a written Notice to Proceed. <br /> 2. That tracings, plans, specifications, estimates, maps and other documents prepared by the ENGINEER in accordance with this <br /> AGREEMENT shall be delivered to and become the property of the LA and that basic survey notes, sketches, charts and other data <br /> prepared or obtained in accordance with this AGREEMENT shall be made available, upon request, to the LA or to the STATE, <br /> without restriction or limitation as to their use. <br /> 3. That all reports, plans, estimates and special provisions furnished by the ENGINEER shall be in accordance with the current <br /> Standard Specifications for Road and Bridge Construction, Bureau of Local Roads and Streets Administrative Policies, Federal-Aid <br /> Procedures for Local Highway Improvements or any other applicable requirements of the STATE, it being understood that all such <br /> furnished documents shall be approved by the LA and the STATE before final acceptance. During the performance of the <br /> engineering services herein provided for, the ENGINEER shall be responsible for any loss or damage to the documents herein <br /> enumerated while they are in the ENGINEER's possession and any such loss or damage shall be restored at the ENGINEER's <br /> expense. <br /> Page 3 of 6 BLR 05610(Rev.1/O6) <br /> Printed on 7/11/2006 1:45:15 PM <br />