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K. COPYRIGHT ASSIGNMENT. The Consulting Engineer assigns to the City any and all of <br /> Consulting Engineer's rights under copyright laws for work prepared by the Consulting Engineer, its <br /> employees, subcontractors or agents in connection with this Contract, including any and all rights to <br /> register said copyright,renewal rights,determination rights and import rights. The Consulting <br /> Engineer agrees to execute any additional documents the City may request to effectuate the <br /> assignment of said copyright. <br /> L. NO BID RIGGING, BID ROTATION The Consulting Engineer certifies, in accordance with <br /> Section 33E-11 of the Illinois Criminal Code,that the Consulting Engineer 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 taxes 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 /> Illinois Drug Free Workplace Act,30 ILCS 580/1, et seq. If the Consulting Engineer has twenty-five <br /> (25)or more employees or this contract is for more 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 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 Consulting Engineer for all services rendered under <br /> Section II Phases A through F an amount based on Direct Labor Costs times 3.00 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,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. SUBCONSULTANT. The City shall pay the Consulting Engineer for services and <br /> reimbursable 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 Engineer <br /> times an approved multiplier of 1.00. <br /> Last Revised:04/29/2015 <br />