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F. EQUAL EMPLOYMENT OPPORTUNITY REQUIREMENTS The Consultant agrees to <br /> abide by and comply with the City's"Equal Employment Opportunity Clause"(attached and marked <br /> hereto as Exhibit F and incorporated herein by reference)to the extent that the clause is applicable to <br /> this contract. <br /> G. INDEPENDENT CONTRACTOR STATUS. Nothing contained in this Agreement shall be <br /> construed to make the Consultant an employee or partner of the City. The Consultant shall at all <br /> times hereunder be construed to be an independent contractor. <br /> H. FEDERAL FUNDING. If Federal Funds are utilized as a source of Project funding,the <br /> Consultant shall abide by the terms of all Federal requirements in the performance of duties <br /> hereunder. <br /> I. AMENDMENT OF AGREEMENT. This Agreement shall be amended or supplemented only in <br /> writing and executed by both parties hereto. <br /> J. HOLD HARMLESS. Consultant shall indemnify and save harmless the City, its officers and <br /> employees against claims for damages to property or injuries to or death of any person or persons, <br /> including property and employees or agents of the City and including reasonable attorney's fees <br /> incurred by the City or required in any way to be paid by the City, in defense thereof,and shall <br /> indemnify and save harmless the City from all claims,demands, suits,actions or proceedings <br /> including Worker's Compensation claims,of or by anyone whomsoever,to the extent proximately <br /> caused or proximately arising out of negligent acts or omissions to act by Consultant in connection <br /> with its performance of this contract,including operations of its subcontractors and negligent acts or <br /> omissions of employees or agents of the Consultant or its subcontractors. <br /> The City shall indemnify and save harmless the Consultant, its officers and employees against any <br /> and all claims for damages to property or injuries to or death of any person or persons, including <br /> property and employees or agents of the Consultant and including reasonable attorney's fees incurred <br /> by the Consultant or required in any way to be paid by the Consultant,in defense thereof,and shall <br /> indemnify and save harmless the Consultant from all claims,demands,suits,actions or proceedings <br /> including Worker's Compensation claims, of or by anyone whomsoever,proximately caused or <br /> proximately arising out of negligent acts or omissions to act by City in connection with its <br /> performance of this contract,including operations of its subcontractors and negligent acts or <br /> omissions of employees or agents of the City or its subcontractors. <br /> Insurance coverage specified in this Agreement constitutes the minimum requirements and said <br /> requirements shall not lessen or limit the liability of the Consultant under the terms of the Agreement. <br /> The Consultant shall procure and maintain at his own cost and expense, any additional kinds and <br /> amounts of insurance that, in the Consultant's own judgment,may be necessary for the Consultant's <br /> proper protection in the prosecution of the work.Neither Party shall be liable to the other Party for <br /> incidental, indirect, special or consequential damages. <br /> K. COPYRIGHT ASSIGNMENT. The Consultant assigns to the City any and all of Consultant's <br /> rights under copyright laws for work prepared by the Consultant,its employees, subcontractors or <br /> agents in connection with this Contract, including any and all rights to register said copyright, <br /> renewal rights,determination rights and import rights. The Consultant agrees to execute any <br /> additional documents the City may request to effectuate the assignment of said copyright. <br /> L. NO BID RIGGING BID ROTATION The Consultant certifies, in accordance with Section <br /> 33E-11 of the Illinois Criminal Code,that the Consulting Engineer is not barred from bidding on <br /> 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 Consultant so certifies in the Non-Collusion Statement, <br /> attached and marked herein as Exhibit G and incorporated herein by reference. <br /> Last Revised:04/29/2015 <br />