25E - AGMT - CONSTRUCTION MGMT SRVS

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b. Consultant shall assign the appropriate key personnel to perform the services required by this Agreement, as set forth in the RFP and Consultant's Proposal. Consultant shall maintain the Construction Manager identified in its Proposal, and approved by the City. 3. OWNERSHIP OF REPORTS AND DOCUMENTS Upon completion of all work under this Agreement, ownership and title to all reports, documents, tracings, plans, specifications, estimates and maps prepared or obtained under the terms of this Agreement shall be delivered to, and become the property of City. Basic survey notes and sketches, charts, computations, and other data prepared or obtained pursuant to this Agreement shall be made available upon request of the City without restriction or limitation on their use. Consultant shall furnish the City all necessary copies of data needed to complete the review and approval process. 4. FINISHED AND PRELIMINARY DATA All of Consultant's finished technical data, including but not limited to illustrations, photographs, data including without limitation source code, binary code, all media, technical documentation and user documentation, photoprints and other graphic information required to be furnished under this Agreement, shall be City's property upon payment and shall be furnished with unlimited rights and, as such, shall be free from proprietary restriction except as elsewhere authorized in this Agreement. Consultant further agrees that it shall have no interest or claim to such finished, City-owned, technical data; furthermore, said data is subject to the provisions of the Freedom of Information Act, 5 USC 552. 5. COMPENSATION b. a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Exhibit C. The total sum to be expended under this Agreement shall not exceed $967,500 during the term of this Agreement. c. Progress payment will be made monthly in arrears based on services provided and allowable incurred costs. If consultant fails to submit the required deliverables in accordance with the time schedule set forth in the Scope of Services, City shall have the right to delay payment and/or terminate this Agreement in accordance with the provisions of Section 15, Termination. d. Payment will be made as promptly as City fiscal procedures will permit following receipt of itemized invoice in triplicate, evidencing work performed. The invoice shall be submitted no later than forty-five (45) calendar days after performance of the billed services. Invoices shall follow the format stipulated in the approved Cost Proposal, and shall reference this Agreement number and Project title. Final invoice must contain the final cost and all credits due to the City, including any equipment purchased. Final invoice shall be submitted not later than sixty (60) calendar days after 25E-6