Common use of THE LPA AGREES Clause in Contracts

THE LPA AGREES. 1. To certify by execution of this AGREEMENT that the selection of the ENGINEER was performed in accordance with the following: (a) Professional Services Selection Act (50 ILCS 510), The Xxxxxx Act (40 USC 11), and the Procurement, Management, and Administration of Engineering, and Design Related Services (23 CFR part 172). Exhibit D is required to be completed with this AGREEMENT. 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 shall be due and payable to the ENGINEER. 4. To pay the ENGINEER as compensation for all services rendered in accordance with the AGREEMENT on the basis of the following compensation method as discussed in 5-5.10 of the BLR Manual. Method of Compensation: Lump Sum Specific Rate Cost plus Fixed Fee: Fixed Total Compensation = DL + DC + OH + FF Where: DL is the total Direct Labor, DC is the total Direct Cost, OH is the firm's overhead rate applied to their DL and FF is the Fixed Fee. Where FF = ( 0.33 + R) DL + %SubDL, where R is the advertised Complexity Factor and %SubDL is 10% profit allowed on the direct labor of the subconsultants. The Fixed Fee cannot exceed 15% of the DL + OH. 5. The recipient shall not discriminate on the basis of race, color, national original or sex in the award and performance of any US DOT assisted contract or in the administration of its DBE program or the requirements of 49 CFR part 26. The recipient shall take all necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination in the award and administration of US DOT-assisted contracts. The recipient's DBE program, as required by 49 CFR part 26 and as approved by US DOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as violation of this AGREEMENT. Upon notification to the recipient of its failure to carry out its approved program, the Department may impose 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 the Program Fraud Civil Remedies Act of 1986 (31 U.S.C 3801 et seq.).

THE LPA AGREES. 1. To certify by execution of this AGREEMENT that the selection of the ENGINEER was performed in accordance with the following: (a) Professional Services Selection Act (50 ILCS 510) (Exhibit C), The Xxxxxx Act (40 USC 11), and the Procurement, Management, and Administration of Engineering, and Design Related Services (23 CFR part 172). Exhibit D is required to be completed with this AGREEMENT. 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 shall be due and payable to the ENGINEER. (c) For Non-Federal County Projects - (605 ILCS 5/5-409) (1) 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 in all previous partial payments made to the ENGINEER. (2) 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 STATE, a sum of money equal to the basic fee as determined in the AGREEMENT less the total of the amount of partial payments previously paid to the ENGINEER shall be due and payable to the ENGINEER. 4. To pay the ENGINEER as compensation for all services rendered in accordance with the AGREEMENT on the basis of the following compensation method as discussed in 5-5.10 of the BLR Manual. Method of Compensation: Percent Lump Sum Specific Rate Cost plus Fixed Fee: Fixed Total Compensation = DL + DC + OH + FF Where: DL is the total Direct Labor, DC is the total Direct Cost, OH is the firm's overhead rate applied to their DL and FF is the Fixed Fee. Where FF = ( 0.33 + R) DL + %SubDL, where R is the advertised Complexity Factor and %SubDL is 10% profit allowed on the direct labor of the subconsultants. The Fixed Fee cannot exceed 15% of the DL + OH. 5. The recipient shall not discriminate on the basis of race, color, national original or sex in the award and performance of any US DOT DOT-assisted contract or in the administration of its DBE program or the requirements of 49 CFR part 26. The recipient shall take all necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination in the award and administration of US DOT-assisted contracts. The recipient's DBE program, as required by 49 CFR part 26 and as approved by US DOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as violation of this AGREEMENT. Upon notification to the recipient of its failure to carry out its approved program, the Department may impose 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 the Program Fraud Civil Remedies Act of 1986 (31 U.S.C 3801 et seq.).

THE LPA AGREES. 1. To certify by execution of this AGREEMENT that the selection of the ENGINEER was performed in accordance with the following: (a) Professional Services Selection Act (50 ILCS 510), The Xxxxxx Act (40 USC 11), and the Procurement, Management, and Administration of Engineering, and Design Related Services (23 CFR part 172). Exhibit D is required furnish a full time LPA employee to be completed with this AGREEMENTIn Responsible Charge authorized to administer inherently governmental PROJECT activities. 2. To furnish the ENGINEER all presently available survey data, plans, necessary plans and specifications, and project information. 3. To notify the ENGINEER at least 24 hours in advance of the need for personnel or services. 4. To pay the ENGINEER:ENGINEER as compensation for all services rendered in accordance with this AGREEMENT, on the basis of the following compensation formulas: Cost Plus Fixed Fee Formulas FF = 14.5%[DL + R(DL) + OH(DL) + IHDC], or FF = 14.5%[(2.3 + R)DL + IHDC] Where: DL = Direct Labor IHDC = In House Direct Costs OH = Consultant Firm’s Actual Overhead Factor R = Complexity Factor FF=Fixed Fee SBO = Services by Others Total Compensation = DL +IHDC+OH+FF+SBO Specific Rate Lump Sum (Pay per element) (5. To pay the ENGINEER using one of the following methods as required by 49 CFR part 26 and 605 ILCS 5/5-409: With Retainage a) For progressive payments - Upon the first 50% of completed work, and 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 90% of the value of the partially completed work minus all previous partial payments made to the ENGINEER. (b) Final payment - Upon approval After 50% of the work is completed, and upon receipt of monthly invoices from the ENGINEER and the approval thereof by the LPA but not later than 60 days after the LPA, monthly payments covering 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 performed shall be due and payable to the ENGINEER. 4. To pay the ENGINEER as compensation for all services rendered in accordance with the AGREEMENT on the basis of the following compensation method as discussed in 5-5.10 of the BLR Manual. Method of Compensation: Lump Sum Specific Rate Cost plus Fixed Fee: Fixed Total Compensation = DL + DC + OH + FF Where: DL is the total Direct Labor, DC is the total Direct Cost, OH is the firm's overhead rate applied such payments to their DL and FF is the Fixed Fee. Where FF = ( 0.33 + R) DL + %SubDL, where R is the advertised Complexity Factor and %SubDL is 10% profit allowed on the direct labor of the subconsultants. The Fixed Fee cannot exceed 15be equal to 95% of the DL + OH. 5. The recipient shall not discriminate on value of the basis of race, color, national original or sex in the award and performance of any US DOT assisted contract or in the administration of its DBE program or the requirements of 49 CFR part 26. The recipient shall take partially completed work minus all necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination in the award and administration of US DOT-assisted contracts. The recipient's DBE program, as required by 49 CFR part 26 and as approved by US DOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as violation of this AGREEMENT. Upon notification previous partial payments made to the recipient of its failure to carry out its approved program, the Department may impose 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 the Program Fraud Civil Remedies Act of 1986 (31 U.S.C 3801 et seqENGINEER.).

THE LPA AGREES. 1. To certify by execution of this AGREEMENT that the selection of the ENGINEER was performed in accordance with the following: (a) Professional Services Selection Act (50 ILCS 510), The Xxxxxx Act (40 USC 11), and the Procurement, Management, and Administration of Engineering, and Design Related Services (23 CFR part 172). Exhibit D is required furnish a full time LPA employee to be completed with this AGREEMENTIn Responsible Charge authorized to administer inherently governmental PROJECT activities. 2. To furnish the ENGINEER all presently available survey data, plans, necessary plans and specifications, and project information. 3. To notify the ENGINEER at least 24 hours in advance of the need for personnel or services. 4. To pay the ENGINEER:ENGINEER as compensation for all services rendered in accordance with this AGREEMENT, on the basis of the following compensation formulas: Cost Plus Fixed Fee Formulas |_| FF = 14.5%[DL + R(DL) + OH(DL) + IHDC], or Note: Please use mouse to |_| FF = 14.5%[(2.3 + R)DL + IHDC] select compensation formula. Where: DL = Direct Labor IHDC = In House Direct Costs OH = Consultant Firm’s Actual Overhead Factor R = Complexity Factor FF=Fixed Fee SBO = Services by Others Total Compensation = DL +IHDC+OH+FF+SBO Specific Rate |_| (Pay per element) Lump Sum |_| (5. To pay the ENGINEER using one of the following methods as required by 49 CFR part 26 and 605 ILCS 5/5-409: |_| With Retainage a) For progressive payments - Upon the first 50% of completed work, and 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 90% of the value of the partially completed work minus all previous partial payments made to the ENGINEER. (b) Final payment - Upon approval After 50% of the work is completed, and upon receipt of monthly invoices from the ENGINEER and the approval thereof by the LPA but not later than 60 days after the LPA, monthly payments covering 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 performed shall be due and payable to the ENGINEER. 4. To pay the ENGINEER as compensation for all services rendered in accordance with the AGREEMENT on the basis of the following compensation method as discussed in 5-5.10 of the BLR Manual. Method of Compensation: Lump Sum Specific Rate Cost plus Fixed Fee: Fixed Total Compensation = DL + DC + OH + FF Where: DL is the total Direct Labor, DC is the total Direct Cost, OH is the firm's overhead rate applied such payments to their DL and FF is the Fixed Fee. Where FF = ( 0.33 + R) DL + %SubDL, where R is the advertised Complexity Factor and %SubDL is 10% profit allowed on the direct labor of the subconsultants. The Fixed Fee cannot exceed 15be equal to 95% of the DL + OH. 5. The recipient shall not discriminate on value of the basis of race, color, national original or sex in the award and performance of any US DOT assisted contract or in the administration of its DBE program or the requirements of 49 CFR part 26. The recipient shall take partially completed work minus all necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination in the award and administration of US DOT-assisted contracts. The recipient's DBE program, as required by 49 CFR part 26 and as approved by US DOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as violation of this AGREEMENT. Upon notification previous partial payments made to the recipient of its failure to carry out its approved program, the Department may impose 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 the Program Fraud Civil Remedies Act of 1986 (31 U.S.C 3801 et seqENGINEER.).

THE LPA AGREES. 1. To certify by execution of this AGREEMENT that the selection of the ENGINEER was performed in accordance with the following: (a) Professional Services Selection Act (50 ILCS 510) (Exhibit C), The Xxxxxx Act (40 USC 11), and the Procurement, Management, and Administration of Engineering, and Design Related Services (23 CFR part 172). Exhibit D is required to be completed with this AGREEMENT. 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 shall be due and payable to the ENGINEER. (c) For Non-Federal County Projects - (605 ILCS 5/5-409) (1) 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 in all previous partial payments made to the ENGINEER. (2) 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 STATE, a sum of money equal to the basic fee as determined in the AGREEMENT less the total of the amount of partial payments previously paid to the ENGINEER shall be due and payable to the ENGINEER. 4. To pay the ENGINEER as compensation for all services rendered in accordance with the AGREEMENT on the basis of the following compensation method as discussed in 5-5.10 of the BLR Manual. Method of Compensation: Percent Lump Sum Specific Rate $76,256.91 (Maximum Fee $150,000) Cost plus Fixed Fee: Fixed Total Compensation = DL + DC + OH + FF Where: DL is the total Direct Labor, DC is the total Direct Cost, OH is the firm's overhead rate applied to their DL and FF is the Fixed Fee. Where FF = ( 0.33 + R) DL + %SubDL, where R is the advertised Complexity Factor and %SubDL is 10% profit allowed on the direct labor of the subconsultants. The Fixed Fee cannot exceed 15% of the DL + OH. 5. The recipient shall not discriminate on the basis of race, color, national original or sex in the award and performance of any US DOT DOT-assisted contract or in the administration of its DBE program or the requirements of 49 CFR part 26. The recipient shall take all necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination in the award and administration of US DOT-assisted contracts. The recipient's DBE program, as required by 49 CFR part 26 and as approved by US DOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as violation of this AGREEMENT. Upon notification to the recipient of its failure to carry out its approved program, the Department may impose 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 the Program Fraud Civil Remedies Act of 1986 (31 U.S.C 3801 et seq.).

THE LPA AGREES. 1. To certify by execution of this AGREEMENT that the selection of the ENGINEER was performed in accordance with the following: (a) Professional Services Selection Act (50 ILCS 510), The Xxxxxx Act (40 USC 11), and the Procurement, Management, and Administration of Engineering, and Design Related Services (23 CFR part 172). Exhibit D C is required to be completed with this AGREEMENT. 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 shall be due and payable to the ENGINEER. 4. To pay the ENGINEER as compensation for all services rendered in accordance with the AGREEMENT on the basis of the following compensation method as discussed in 5-5.10 of the BLR Manual. Method of Compensation: Lump Sum Specific Rate Cost plus Fixed Fee: Fixed Total Compensation = DL + DC + OH + FF Where: DL is the total Direct Labor, DC is the total Direct Cost, OH is the firm's overhead rate applied to their DL and FF is the Fixed Fee. Where FF = ( 0.33 + R) DL + %SubDL, where R is the advertised Complexity Factor and %SubDL is 10% profit allowed on the direct labor of the subconsultants. The Fixed Fee cannot exceed 15% of the DL + OH. 5. The recipient shall not discriminate on the basis of race, color, national original or sex in the award and performance of any US DOT assisted contract or in the administration of its DBE program or the requirements of 49 CFR part 26. The recipient shall take all necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination in the award and administration of US DOT-assisted contracts. The recipient's DBE program, as required by 49 CFR part 26 and as approved by US DOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as violation of this AGREEMENT. Upon notification to the recipient of its failure to carry out its approved program, the Department may impose 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 the Program Fraud Civil Remedies Act of 1986 (31 U.S.C 3801 et seq.).