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District Agreement No. 12-568 <br />25. Since the PROJECT construction phase is subject of a future agreement, CITY in <br />administering and contracting to perform the other phases of the PROJECT, namely <br />preliminary engineering, design and right of way, agrees to include a "conflict of <br />interest" requirement in the PROJECT design consultant contracts that prohibits that <br />design consultant from being employed or under contract to the future PROJECT <br />construction contractor. <br />SECTION II <br />STATE AGREES: <br />1. At no cost to CITY, to complete STATE's review as CEQA Responsible Agency of <br />the environmental documentation, including the investigative studies and technical <br />environmental reports, prepared and submitted by CITY and to provide IQA of all <br />CITY work necessary for completion of the PSR/PR and PS&E for PROJECT done <br />by CITY, including, but not limited to, investigation of potential hazardous material <br />sites and all right of way activities undertaken by CITY or its designee, and provide <br />prompt reviews and concurrence, as appropriate, of submittals by CITY, while <br />cooperating in timely processing of documents necessary for completion of the <br />environmental documentation, PSR/PR, and PS&E for PROJECT. <br />2. Upon proper application by CITY and by CITY's contractor, to issue, at no cost to <br />CITY and CITY's contractor, the necessary encroachment permits for required work <br />within the SHS right of way as more specifically defined elsewhere in this <br />Agreement. <br />SECTION III <br />IT IS MUTUALLY AGREED: <br />1. All obligations of STATE under the terms of this Agreement are subject to the <br />appropriation of resources by the Legislature, State Budget Act authority, and the <br />allocation of funds by the California Transportation Commission (CTC). <br />2. The parties to this Agreement understand and agree that STATE's IQA is defined as <br />providing STATE policy and procedural guidance through to completion of the <br />PROJECT preliminary engineering; PS&E; and right of way phases administered by <br />CITY. This guidance includes prompt reviews by STATE to assure that all work and <br />products delivered or incorporated into the PROJECT by CITY conform with then <br />existing STATE standards. IQA does not include any PROJECT related work <br />deemed necessary to actually develop and deliver the PROJECT, nor does it involve <br />any validation to verify and recheck any work performed by CITY and/or its <br />6 <br />25H-8 <br />