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responsible for all duties and obligations of each and all consultants and subconsultants. If the <br />DB engages such consultant(s) assist, that entity(ies) and/or person(s) shall enter into an <br />engagement agreement subject to: <br />A. Pre - approval by the City of such engagement with the DB to provide the City with all <br />information requested by the City as to the qualifications of such consultants. The <br />City's approval or disapproval of any consultant, however, will not relieve the DB of <br />the DB's full responsibility for the Project performance. The DB shall not employ any <br />consultant against whom the City has a reasonable objection. <br />B. Such engagement agreement(s) shall be subject to assignment to the City in the event of <br />default on the part of the DB and/or in the event of termination of this Agreement for <br />whatever reason. The City may re- assign accepted consultant agreements. <br />C. Such engagement agreement(s) shall further provide that the consultant(s) shall be <br />bound to the DB by the terns of this Contract and shall assume toward the DB all of the <br />obligations and responsibilities which the DB assumes toward the City. <br />D. The provisions of the engagement agreement(s) shall not be inconsistent with the <br />provisions of this Agreement and shall provide that the City is the intended third -party <br />beneficiary of such engagement agreement(s.) <br />E. The City's receipt and approval of a copy of the agreement between the DB and a <br />consultant is a condition precedent to the City's obligation to pay the DB on account of <br />any consultant's services. The City shall be under no obligation to pay or see to the <br />payment of money to any consultant except as otherwise required under applicable law. <br />F. The DB shall not remove any consultant from the Project or reduce the extent of any <br />consultant's participation in the Work without the City's prior written consent. The DB <br />shall not permit any consultant to replace any previously identified team member except <br />with the City's prior written consent unless the consultant ceases to employ that person. <br />On notice from the City, the DB shall immediately and permanently remove from the <br />Project any consultant or person under a consultant's control whose performance is not <br />satisfactory to the City. <br />G. The City may communicate with the FOR and any consultant either through the DB or <br />directly with the consultant, but the City may not modify the contract between the DB <br />and any consultant. <br />2. Design Services <br />The firm designated as the Engineer of Record ( "EOR ") and any other consultants <br />working with and/or through the DB shall be identified formally and in writing submitted to the <br />City. The City shall be entitled to accept, reject or otherwise further examine the qualifications <br />of the FOR and any of the DB's consultants and determine if the FOR and those consultants <br />engaged shall be capable, in the City's sole discretion, to perform the design services associated <br />with the Project. After approval, the EOR, on behalf of the DB during the stages cited in this <br />Agreement, shall submit the following and in accordance with the Project Schedule: <br />5 1 P a g e <br />