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Exhibit 1 <br /> N. DRUG FREE WORKPLACE. The Consultant agrees that it shall comply with the Illinois Drug <br /> Free Workplace Act,30 ILCS 580/1,et seq. If the Consultant has twenty-five(25)or more <br /> employees or this contract is for more than Five Thousand Dollars($5,000.00),the Consultant shall <br /> provide to the City the Drug Free Workplace Certification attached and marked herein as Exhibit G <br /> 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 Parties recognize and agree that time is of the essence of this Agreement as is consistent with the <br /> applicable professional standard of care. <br /> SECTION V. PAYMENT <br /> A. BASIS OF BILLING. City shall pay the Consultant for all services rendered under Section II <br /> Phases A through Fan amount based on Direct Labor Costs times 2.67311 for services <br /> rendered by principals and employees assigned to the Project. <br /> Direct Labor Costs used as a basis for payment means salaries and wages(basic and incentive) <br /> paid to all personnel engaged directly on the Project,including but not limited to,planners, <br /> engineers,architects, surveyors,designers,draftsmen, specification writers,estimators, other <br /> technical personnel,stenographers,typists and clerks;but does not include indirect payroll related <br /> costs or fringe benefits. For the purposes of this Agreement,the principals and employees of the <br /> Consultant and their hourly direct labor costs are set forth in Exhibit H hereto. <br /> B. SUBCONSULTANT. The City shall pay the Consultant for services and reimbursable <br /> expenses of subconsultants engaged by the Consultant with the approval of the City's <br /> Representative,the amount billed by the Subconsultant to the Consultant times an approved <br /> multiplier of 1.0 <br /> C. REIMBURSABLE EXPENSES. In addition to payments provided for in paragraphs A and B <br /> of this Section,the City shall pay the Consultant the actual costs of all Reimbursable Expenses <br /> incurred in connection with all Basic and Additional Services. Reimbursable Expenses means the <br /> actual expenses incurred directly in connection with the Project for transportation costs on the <br /> basis of actual cost if public transportation is used, subsistence incidental thereto,toll telephone <br /> calls,reproduction of reports, drawings,specifications and similar project-related items in <br /> addition to those required under Section II. <br /> If the Consultant's vehicles are used on the project,the City shall pay the Consultant the current <br /> Internal Revenue Service standard mileage rate per mile for use of the vehicle. <br /> D. PAYMENT FOR WORK COMPLETED <br /> 1. Monthly progress payments may be requested by the Consultant for work satisfactorily completed <br /> and shall be made by the City to the Consultant as soon as practicable upon submission of <br /> statements requesting payment by the Consultant to the City. Each statement shall be <br /> accompanied by an Invoice Data Sheet as shown in Exhibit I. If the Consultant prefers,the <br /> Invoice Data sheet may serve as the Consultant's invoice. <br /> Last Revised:05/21/2018 <br />