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-5- <br /> specifications, partial and completed estimates, and data, if <br /> any, from soil survey and sub-service investigations with the <br /> understanding that all such material becomes the property of <br /> the CITY. The ENGINEER shall be paid for any services <br /> completed and any services partially completed in accordance <br /> with Section 3 of THE CITY AGREES. <br /> 16 . That he and his subcontractors will maintain all books, <br /> documents, papers, accounting records, and other evidence <br /> pertaining to cost incurred and will make such materials <br /> available at their respective offices at all reasonable times <br /> during the AGREEMENT period and for three years from the date <br /> of final payment under this AGREEMENT, for inspection by the <br /> CITY, and copies thereof shall be furnished if requested. <br /> THE ENGINEER WARRANTS that he has not employed or retained any <br /> company or person, other than a bona fide employee working <br /> solely for the ENGINEER, to solicit or secure this AGREEMENT <br /> and that he has not paid or agreed to pay any company or <br /> person , other than a bona fide employee working solely for the <br /> ENGINEER, any fee, commission, percentage, brokerage fee, <br /> gifts, or any other consideration, contingent upon or <br /> resulting from the award or making of this AGREEMENT. For <br /> breach or violation of this warranty, the CITY shall have the <br /> right to annul this AGREEMENT without liability, or in its <br /> discretion to deduct from the AGREEMENT price or <br /> consideration, or otherwise recover, the full amount of such <br /> fee, commission, percentage, brokerage fee, gift, or <br /> contingent fee. <br /> 17 . During the performance of work under this AGREEMENT the <br /> ENGINEER, for himself, his assignees and successors in <br /> interest agrees to conform to the requirements of "Exhibit A - <br /> Equal Employment Opportunity" attached hereto and made a part <br /> hereof. The words "CONTRACT" and "CONTRACTOR, " in the exhibit <br /> shall be interpreted to mean "AGREEMENT" and "ENGINEER" <br /> respectively. <br /> THE CITY AGREES, <br /> 1 . To furnish the ENGINEER with all presently available survey <br /> data and information, including Standard Specifications <br /> adopted by the CITY and other available data useful to the <br /> work to be done by the ENGINEER. <br /> 2 . To pay the ENGINEER as compensation for all services rendered <br /> in accordance with Section 1 (exclusive of the cost of sub- <br /> surface explorations as noted in sub-section 1c and the cost <br /> of additional Contract Documents as noted in sub-section 1f <br /> and the cost of the preparation of the IDS as noted in sub- <br /> section li under THE ENGINEER AGREES of this AGREEMENT) , a <br /> lump sum fee of $70 ,000 as payment in full for the work <br />