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person or persons, including property and employees or agents of the City and including reasonable
<br /> attorney's fees incurred by the City or required in any way to be paid by the City, in defense thereof,
<br /> and shall indemnify and save harmless the City from all claims, demands, suits,actions or
<br /> proceedings including Worker's Compensation claims,of or by anyone whomsoever,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 /> The City shall indemnify and save harmless the Consulting Engineer, its officers and employees
<br /> against any and all claims for damages to property or injuries to or death of any person or persons,
<br /> including property and employees or agents of the Consulting Engineer and including reasonable
<br /> attorney's fees incurred by the Consulting Engineer or required in any way to be paid by the
<br /> Consulting Engineer, in defense thereof, and shall indemnify and save harmless the Consulting
<br /> Engineer from all claims,demands, suits, actions or proceedings including Worker's Compensation
<br /> claims, of or by anyone whomsoever, proximately caused or proximately arising out of negligent acts
<br /> or omissions to act by City in connection with its performance of this contract, including operations
<br /> of its subcontractors and negligent acts or omissions of employees or agents of the City or its
<br /> 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 /> 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 /> Last Revised:05/15/2013
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