Res 2015-113/approving a professional engineering services agreement between the City and Recreation Engineering & Planning, Inc., for the provision of professional services in connection with the Cross-Town Pathway Trails Project

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ARTICLE 7 OWNERSHIP AND USE OF DOCUMENTS 7.1 All documents prepared by the Engineer in connection with this Agreement are the property of the City whether any project related to this Agreement is executed or not. 7.2 The Engineer will retain all of its records and supporting documentation relating to this Agreement, and not delivered to the City, for a period of three years except in the event that the Engineer goes out of business during that period, it will turn over, to the City, all of its records relating to the Project for retention by the City. 7.3 As applicable, the Engineer will pay all license fees, royalties, and other costs incident to the use of any invention, design, process, product or device subject to a patent right or copyright held by others in performing the work or in the completed project. ARTICLE 8 TERM; TERMINATION OF AGREEMENT 8.1 The term of this Agreement begins on the effective date established in the first paragraph of the Agreement and will end upon the Engineer's completion, and the City's acceptance of all services described in this Agreement unless this Agreement is terminated under Sections 8.2 or 8.3 below. Both the City and the Engineer assume the Project will be finally complete by August of 2016 construction period for this Project. 8.2 This Agreement may be terminated by either party upon 15 calendar days prior written notice should the other party fail substantially to perform in accordance with its terms through no fault of the party initiating the termination. The Engineer will provide the City with at least a 30 calendar day period of opportunity to cure before the Engineer initiates termination. 8.3 The City may terminate this Agreement for convenience and without cause upon at least 15 calendar days prior written notice to the Engineer. 8.4 In the event of termination as provided in this Article, the Engineer will immediately discontinue any and all services under the Agreement upon the City's request. The City will compensate the Engineer for all services performed to termination date, which are deemed by the City to be in accordance with this Agreement. The City will pay this amount upon the Engineer's delivering to the City all information and materials developed or accumulated by the Engineer in performing the services described in this Agreement, whether completed or in progress. The expense of reproduction of these items will be borne by the City. REP Agreement for Cross -Town Pathway Project 9/1/2015 13