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02/03/92 11:20 $5854407 SANBAG <br />NOW, TRERE.FO.RE, it is hereby agreed by and between SANBAG and CITYas follows: <br />1, Act as the lead agency for the project. <br />2. Enter into, and administer the engineering services contract and <br />construction contract providing for construction engineering, inspection, <br />and construction of the project. <br />3. Maintain project cost records, progress reports and monthly bill SANBAG <br />for consultant and construction costs. <br />4. Nat sublet or transfer to others any work except as is otherwise provided <br />in this Agreement. In the event that any such other persons are retained <br />by C1 Y, CITY hereby warrants that such persons shall be fully qualified <br />to perform services required hereunder. M Yfurther agrees that no other <br />persons shall be retained except upon the prior written approval of <br />SANBAG. Supplemental consultant contract(s), tf necessary, shall contain <br />all required provisions of the initial contract. <br />5. In the performance of this Agreement, shall act as an independent <br />contractor. <br />6 Perform all services required under the Agreement to a careful, diligent <br />and professional matter. <br />7. Shall maintain all books, documents, papers accounting records and other <br />evidence pertaining to costs incurred for the services and shall make all <br />such material available at any reasonable time during the term of work <br />and for five (5) years from the date of final payment to QTY by ,SANBAG <br />for work performed by CITY on the services as authorized by SANBAG. <br />SANBAG, or any of its duly authorized representatives, shall have access <br />to any books, documents, papers and records of CITY, which are directly <br />pertinent to this Agreement for the purpose of making any audit, <br />examination, excerpts and transcriptions. Also, records supporting cost <br />proposal shall be available for review by authorized representatives of <br />SANBAG, and if such data is used to support a contract entered into with <br />CITY, it shall be subject to a five (5) year retention period. <br />8. Make the reimbursement of SAMBAG the first priority of any local funds <br />received from the Intermodal Surface Transportation Act of 1991. <br />Z003 <br />