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The fee proposal will not be opened until the consultants have been evaluated by the proposal selection <br />committee. In conformance with the Brooks Act, the City will select the consultant based on <br />qualifications, and then negotiate a contract price based on available funding and a further breakdown of <br />the not-to-exceed cost submitted in the fee proposal. The City reserves the right to a retainer to ensure <br />project delivery. <br />IX. CITY RESPONSIBILITY <br />The City will be responsible for the following: <br />A. Making available existing, pertinent work products related to the Santa Ana-Garden Grove Fixed <br />Guideway Project. <br />B. Making available other City documents, as required for project completion <br />X. PRIME CONSULTANT RESPONSIBILITIES <br />The selected Consultant will be required to assume responsibilities for all services offered in his/her <br />proposal. The selected Consultant will be the sole point of contact with regard to contractual matters, <br />including payment of any and all charges resulting from the contract. <br />XI. DELAYS <br />The City reserves the right to delay scheduled dates if it is to the advantage of the City <br />XII. PROJECT CONTROL <br />Control of the project shall be the shared responsibility of the City and OCTA. <br />XIII. RULES FOR PROPOSALS <br />The signer of the proposal must declare in writing that the only person, persons, company or parties <br />interested in the proposal as principals are named therein; that the proposal is made without collusion <br />with any other person, persons, company, or parties submitting a proposal; that it is in all respects fair <br />and in good faith without collusion or fraud; and, that the signer of the proposal has full authority to bind <br />the principal proposer. <br />XIV. METHOD OF PAYMENT <br />The consultant shall submit invoices to the City, attention Dave Biondolillo. Each invoice shall include a <br />detailed breakdown of the services, the tasks, the hours, and hourly rates. It should be noted that no <br />more than 90 percent of the total payment amount will be made prior to the final completion and approval <br />of all work and delivery of final deliverables. <br />XV. REGULATIONS <br />The selected consultant shall be expected to comply with all applicable federal and state regulations, and <br />contract provisions. The ensuing contract shall contain such contractual provisions and conditions <br />necessary to define a sound and complete agreement. <br />XVI. THE CITY'S AFFIRMATIVE ACTION PROGRAM <br />The City has an affirmative action program. The purpose of the affirmative action program is to encourage <br />certified minority business enterprises and women business enterprises. All Submitting firms must have <br />established affirmative action programs approvable by the City. The attached Exhibit C, "Certification of <br />10 <br />25D-24