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F. EQUAL EMPLOYMENT OPPORTUNITY REQUIREMENTS. The Consulting Engineer <br /> agrees to abide by and comply with the City's "Equal Employment Opportunity Clause"(attached and <br /> marked hereto as Exhibit F and incorporated herein by reference)to the extent that the clause is <br /> applicable to this contract. <br /> G. INDEPENDENT CONTRACTOR STATUS. Nothing contained in this Agreement shall be <br /> construed to make the Consulting Engineer an employee or partner of the City. The Consulting <br /> Engineer shall at all 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 /> Consulting Engineer 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. Consulting Engineer shall indemnify and save harmless the City,its officers <br /> and employees against claims for damages to property or injuries to or death of any person or <br /> persons,including property and employees or agents of the City and including reasonable attorney's <br /> fees 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 Consulting Engineer in <br /> connection with its performance of this contract,including operations of its subcontractors and <br /> negligent acts or omissions of employees or agents of the Consulting Engineer 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 Consulting Engineer under the terms of the <br /> Agreement. The Consulting Engineer shall procure and maintain at his own cost and expense,any <br /> additional kinds and amounts of insurance that,in the Consulting Engineer's own judgment,may be <br /> necessary for the Consulting Engineer's proper protection in the prosecution of the work.Neither <br /> Party shall be liable to the other Party for incidental,indirect, special or 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,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 /> 8 <br /> Last Revised:2/03/2022 <br />