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L. NO BID RTGGING, BID ROTATION. The Consulting Engineer certifies, in accordance with <br /> Section 33E-11 of the Illinois Criminal Code,that the Consulting�n�ineer is not barred from bidding <br /> on contracts as a result of a violation of either Section 33E-3,Bid Rigging, or Section 33E-4,Bid <br /> Rotating, of the Illinois Criminal Code. The Consulting Engineer so certifies in the Non-Collusion <br /> Statement, attached and marked herein as Exhibit G and incorporated herein by reference. <br /> M. NO DELINQUENT TAXES. The Consulting Engineer agrees that it is not delinquent in payment <br /> of any and all taYes in any State or any political subdivisions therein and shall so certify in the <br /> Affidavit of No Delinquent Taxes,attached and marked herein as Exhibit G, and incorporated herein <br /> by reference. <br /> N. DRUG FREE WORKPLACE. The Consulting Engineer agrees that it shall comply with the <br /> ilJinois Drug Free Workplace Act,3U ILCS 580/l,et seq. ifthe Consulting Engineer has twenty-five <br /> (2_5)or more employees or this contract is for rnore than Five Thousand Dollars($5,000.00),the <br /> Consulting Engineer shall provide to the City the Drug Free Workplace Certification attached and <br /> marked herein as Exhibit G and incorporated herein by reference. <br /> O. SEVERABILITY. If any section,terms or provisions of this Agreement or the application thereof <br /> shall be held to be invalid or unenforceable,the remainder of each section, subsection,term or <br /> provision of this Agreement or the application of the Agreement to the parties, shall not be affected <br /> thereby. <br /> P. The Pac-ties recogr►ize and agree that time is of the essence of this Agreement as is consistent with the <br /> applicab(e professional standard of care. <br /> SECTION V. PAYMENT <br /> A. BASIS OF BILLING. City shall pay the Consulting Engineer for all services rendered under <br /> Section II Phases A through F an amount based on Direct Labor Costs times 3.02 for <br /> services rendered by principals and employees assigned to the Project. <br /> Direct Labor Costs used as a basis for payment means salat•ies and wages(basic and incentive) <br /> paid to all personnel engaged directly on the Project, including but not limited to,engineers, <br /> architects, surveyors, designers, draftsmen,specification writers, estimators,other technical <br /> personnel, stenographers,typists and clerks;but does not include indirect payroll related costs or <br /> fringe benefits. For the purposes of this Agreement,the principals and employees of the <br /> Consulting Engineer and their hourly direct labor costs are set forth in Exhibit H hereto. <br /> B. SUBCONSIILTANT. The City shall pay the Consu(ting Engineer for services and <br /> reimbuisable expenses of subconsultants engaged by the Consulting Engineer with the approval <br /> of the City's Representative,the amount billed by the Subconsultant to the Consulting Bngineer <br /> times an approved multiplier of 15% <br /> C. REIMBURSABLE EXPENSES. In addition to payments provided for in paragraphs A and B <br /> of this Section,the City shall pay the Consulting Engineer the actual costs of all Reimbursable <br /> Expenses incurred in connection with all Basic and Additional Services. Reimbursable Espenses <br /> means the actual expenses 'rncurred directty in connection with the Project for transpartation costs <br /> on the basis of actual cost if public transportation is used, subsistence incidental thereto,toll <br /> telephone calls, reproduction of reports, drawings, specifications and similar project-related items <br /> in addition to those required under Section l l. <br /> I..ast Revised:09/27J2018 ? <br />