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., , � . <br /> � <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 Cruninal 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 E�ibit 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 Lease or the application of the Lease to the parties, shall not be affected thereby. <br /> P. The Parties recognize and agree that time is of the essence of this Agreement. <br /> SECTION VI. 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 2.94 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) paid to <br /> all personnel engaged directly on the Project, including but not limited to, engineers, architects, <br /> surveyors, designers, draftsmen, specification writers, estimators, other technical personnel, <br /> stenographers, typists and clerks; but does not include indirect payroll related costs or fringe benefits. <br /> For the purposes of this Agreement, the principals and employees of the Consulting Engineer and <br /> 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 reimbursable <br /> expenses of subconsultants engaged by the Consulting Engineer with the approval of the City's <br /> Representative, the amount billed by the Subconsultant to the Consulting Engineer. <br /> C. REIMBURSABLE EXPENSES. In addition to payments provided for in paragraphs A and B of <br /> this Section, the City shall pay the Consulting Engineer the actual costs of all Reimbursable Expenses <br />