R2011-03 AUTHORIZING AN AGREEMENT WITH BAINBRIDGE, GEE, MILANSKI AND ASSOCIATES, INC.

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additional kinds and amounts of insurance that. in the Consultin�;En��ineer's own judgment. ma� be necessar� for the Consultin`i En��ineer's proper protection in the prosecution of the worl:. Neither Part�� sllall be liable to the other Part} for incidental. indirect. special oi�consequential darna��es. I�. COPZ'RIGHT ASSIGNMENT. The Co�Istilting Engineer assigns to the Cit� an��and all of Consulting En�ineer's ri�hts under copyri�ht laws for worl:prepared b} the Consultin`,Engineer. its employees. subcontractors or agents in connection with this Contract. includin�an}� and all riRhts to re`.;ister said copyright,renewal ri�hts, determination rights and import ri;hts. The Consultin�r En��ineer a��rees to execute anv additional documents the Cit� ma�� request to effectuate the assi�nment of said copl�ri�ht. L. NO BID RIGGING. BID ROTATION. The Consultin`„Engineer certifies. in accordance with Section 33E-1 l of the Illinois Criminal Code,that the Consulting Engineei-is not barred fi•om bidding on contracts as a result of a violation of either Section 33E-3, Bid RiD�ing. oT• Section 33E-4,Bid Rotatinb, of the Illinois Criminal Code. The Consulting Engineer so certifies in the Non-Collusion Statemeni. attached and marked herein as Eahibit G and incorporated llei•ein b��referance. M. NO DELINQUENT TA�ES. The Consulting En�ineer a�rees that it is not delinquent in payment of am� and all taxes in any State or any political subdivisions therein and shall so certifj� in the Affidavit of No Delinquent Taxes, attached and marked herein as Exhibit G, and incorporated herein b��i•eference. N. DRUG FREE WORKPLACE. The ConsultinD Engineer agrees that it shall compl}�with the Illinois Drug Free Workplace Act, 30 ILCS 580/1, et seq. If the Consulting Engineer has twent}�-five (25)or more employees or this contract is foi•more than Five Thousand Dollars ($5,000.00), the Consultin�Engineer shall provide to the Ci��the Drub Free Workplace Certification attached and marked herein as E�ibit G and incorporated herein by reference. O. SEVERABILITY. If am� section,terms or provisions of this Agreement ot•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 reco�nize and agree that time is of the essence of this Agreement. SECTION V. PAYMENT A. BASIS OF BILLING. City shall pay the Consultina Engineer for all services rendered under Section I1 Phases A through F an amotmt based on Direct Labor Costs times 3.045 for services rendered by principals and employees assigned to the Project. Direct Labor Costs used as a basis for payment means salaries and wages (basic and incentive) paid to all personnel en�aged directl}�on the Project, including but not limited to, engineers, architects, surveyors, designers, draftsmen, specification writers, estimators, other technical personnel, steno;raphers. typists and clerks; but does not include indirect payroll related costs or fringe benefits. For the purposes of this Agreement,the principals and employees of the Consulting Engineer and their�hourl}� direct labor costs are set forth in Eahibit H hereto. B. SUBCONSULTANT. The City shall pay the Consultin�En�ineer for services and reimbursable expenses of subconsultants engaged by the Consultin,Engineer with the approval of the Cit��'s Representative,the amount billed b��the Subconsultant to the ConsultinD Engineer.