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may be necessary for the Consulting Engineer's proper protection in the prosecution of the <br /> Services.Neither Party shall be liable to the other Party for incidental, indirect, special or <br /> consequential damages. <br /> 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, <br /> its employees, subcontractors or agents in connection with this Agreement, including any and all <br /> rights to register said copyright, renewal rights, determination rights and import rights. The <br /> Consulting Engineer agrees to execute any additional documents the City may request to <br /> effectuate the assignment of said copyright. <br /> L. NO BID RIGGING. BID ROTATION. The Consulting Engineer certifies, in accordance with <br /> Section 33E-1 I of the Illinois Criminal Code, that the Consulting Engineer is not barred from <br /> bidding on contracts as a result of a violation of either Section 33E-3, Bid Rigging, or Section <br /> 33E-4, Bid Rotating, of the Illinois Criminal Code. The Consulting Engineer so certifies in the <br /> Non-Collusion Statement, attached and marked herein as Exhibit G and incorporated herein by <br /> 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 <br /> herein 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 <br /> twenty-five(25)or more employees or this Agreement is for more than Five Thousand Dollars <br /> ($5,000.00),the Consulting Engineer shall provide to the City the Drug Free Workplace <br /> Certification attached and 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 <br /> affected thereby. <br /> P. TIMELINESS. The Parties recognize and agree that time is of the essence of this Agreement as is <br /> consistent with the 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 3.05 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 1.15. <br /> 7 <br /> Last Revised:2/03/2022 <br />