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