R2011-94 AUTHORIZING AN AGREEMENT WITH HOMER L. CHASTAIN & ASSOCIATES, LLP

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L. NO BID RIGGING, BID ROTATION. The Consulting Engineer certifies, in accordance with Section 33E-11 of the Illinois Criminal Code,that the Consulting Engineer is not barred from bidding on contracts as a result of a violation of either Section 33E-3,Bid Rigging, or Section 33E-4,Bid Rotating, of the Illinois Criminal Code. The Consulting Engineer so certifies in the Non-Collusion Statement,attached and marked herein as Exhibit G and incorporated herein by reference. M. NO DELINQUENT TAXES. The Consulting Engineer agrees that it is not delinquent in payment of any and all taxes in any State or any political subdivisions therein and shall so certify in the Affidavit of No Delinquent Taxes,attached and marked herein as Exhibit G,and incorporated herein by reference. N. DRUG FREE WORKPLACE. The Consulting Engineer agrees that it shall comply with the Illinois Drug Free Workplace Act,30 ILCS 580/1, et seq. If the Consulting Engineer has twenty-five (25)or more employees or this contract is for more than Five Thousand Dollars($5,000.00),the Consulting Engineer shall provide to the City the Drug Free Workplace Certification attached and marked herein as Exhibit G and incorporated herein by reference. O. SEVERABILITY. If any section,terms or provisions of this Agreement or the application thereof shall be held to be invalid or unenforceable,the remainder of each section, subsection,term or provision of this Agreement or the application of the Agreement to the parties, shall not be affected thereby. P. The Parties recognize and agree that time is of the essence of this Agreement. SECTION V. PAYMENT A. BASIS OF BILLING. City shall pay the Consulting Engineer for all services rendered under Section II Phases A through F according to the Cost Plus Fixed Fee(CPFF)method outlined in Section II,Article 2,of the Agreement Provisions indicated on IDOT form BLR 5610 attached as Exhibit J. The following formula shall be used; CPFF= 14.5%[DL+R(DL)+ 1.4(DL)+IHDC] as defined in Exhibit J. Complexity Factor R=0.000 Direct Labor DL=Time billed to the contract at actual hourly wage rate(no markup). In House Direct Cost IHDC=Internal printing, copies,vehicles, GPS and other equipment. This does not include reimbursable expenses. B. SUBCONSULTANT. The City shall pay the Consulting Engineer for services and reimbursable expenses of subconsultants engaged by the Consulting Engineer with the approval of the City's Representative, in accordance with the agreement provisions indicated on IDOT form BLR 5610 attached as Exhibit J. The amount billed by the Subconsultant to the Consulting Engineer shall be billed to the City times an approved multiplier of 1.00. C. REIMBURSABLE EXPENSES. In addition to payments provided for in paragraphs A and B of this Section,the City shall pay the Consulting Engineer the actual costs of all Reimbursable Expenses incurred in connection with all Basic and Additional Services in accordance with the agreement provisions indicated on IDOT form BLR 5610 attached as Exhibit J. The cost to the Consulting Engineer shall be billed to the City with no additional markup.