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a <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 Iimit 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 Engineers 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, ofthe Tllinois Criminal Code. The Consultinu 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,301LCS 58011,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. <br /> SECTION V. PAYMENT <br /> A. BASIS OF BILLING. City shall pay the Consulting Engineer for all services rendered under <br /> Section 11 Phases A through F an amount based on Direct Labor Costs times 2.70 for <br /> services 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 /> 7 <br /> Last Revised: 1 028/12 <br />