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<br />. Contract No.:COP/CEI-OOl <br /> <br />C. When to Execute. Both parties must execute a supplemental agreement within the contract period <br />specified in Article 2 of the contract (Contract Period). <br /> <br />ARTICLE 13. OWNERSHIP OF DATA <br />A. Work for Hire. All services provided under this contract are considered work for hire and as such all <br />data, basic sketches, charts, calculations, plans, specifications, and other documents created or collected <br />under the terms of this contract are the property of the City. <br /> <br />B. Disposition of Documents. All documents prepared by the Engineer and all documents furnished to <br />the Engineer by the City shall be delivered to the City upon request by the City. The Engineer, at its own <br />expense, may retain copies of such documents or any other data which it has furnished the City under this <br />contract, but further use of the data is subject to permission by the City. <br /> <br />C. Release of Design Plan. The Engineer (1) will not release any design plan created or collected under <br />this contract except to its sub-providers as necessary to complete the contract; (2) shall include a provision <br />in all subcontracts which acknowledges the City's ownership of the design plan and prohibits its use for any <br />use other than the project identified in this contract; and (3) is responsible for any improper use of the <br />design plan by its employees, officers, or sub-providers, including costs, damages, or other liability resulting <br />from improper use. Neither the Engineer nor any sub-provider may charge a fee for the portion of the <br />design plan created by the City. <br /> <br />ARTICLE 14. PERSONNEL, EQUIPMENT AND MATERIAL <br />A. Engineer Resources. The Engineer certifies that it presently has adequate qualified personnel in its <br />employment for performance of the services required under this contract, or it will be able to obtain such <br />personnel from other sources. <br /> <br />B. Replacement of Key Personnel. The Engineer must notify the City in writing as soon as possible, but <br />no later than three business days after a project manager or other key personnel is removed from <br />association with this contract, giving the reason for removal. <br /> <br />C. City Approval of Replacement Personnel. The Engineer may not replace the project manager or key <br />personnel without prior consent of the City. The City must be satisfied that the new project manager or <br />other key personnel is qualified to provide the authorized services. If the City determines that the new <br />project manager or key personnel is not acceptable, the Engineer may not use that person in that capacity <br />and shall replace him or her with one satisfactory to the City within forty-five (45) days. <br /> <br />ARTICLE 15. SUBCONTRACTING <br />A. Prior Approval. The Engineer shall not assign, subcontract or transfer any portion of professional <br />services related to the work under this contract without prior written approval from the City. <br /> <br />B. Required Provisions. All subcontracts for professional services shall include the provisions included in <br />this contract, and any provisions required by law. The Engineer is authorized to pay sub-providers in <br />accordance with the terms of the subcontract, and the basis of payment may differ from the basis of <br />payment by the City to the Engineer. <br /> <br />C. Prior Review. Subcontracts for professional services, in excess of $10,000, shall be reviewed by the <br />City prior to performance of work hereunder. <br /> <br />D. Engineer Responsibilities. No subcontract relieves the Engineer of any responsibilities under this <br />contract. <br /> <br />ARTICLE 16. INSPECTION OF WORK <br />A. Review Rights. The authorized representative of the City shall have the right at all reasonable times to <br />review or otherwise evaluate the work performed hereunder and the premises in which it is being <br />performed. <br /> <br />B. Reasonable Access. If any review or evaluation is made on the premises of the Engineer or a sub- <br />provider, the Engineer shall provide and require its sub-providers to provide all reasonable facilities and <br /> <br />4 <br />