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(a) <br />CITY OF SANTA ANA <br />REQUEST FOR PROPOSALS <br />FOR <br />DESIGN AND CONSTRUCTION SUPPORT OF THE SANTA ANA DELHI DIVERSION PROJECT <br />RFP NO. 14 -069 <br />hereto and incorporated by reference. Additional Agreement provisions, if any, may be contained in <br />"Additional Provisions" attached to and incorporated into this Agreement as Exhibit "D." <br />2. SCHEDULE OF SERVICES <br />Consultant shall complete the services identified in the Exhibit A, and shall perform and deliver <br />them to the City as described and detailed in the Schedule of Services - Exhibit B, attached hereto and <br />incorporated by reference. Such services shall be provided per written request of the Executive <br />Director of Public Works, or designee, after the City's issuance of a Notice to Proceed. <br />3. COMPENSATION <br />City agrees to pay, and Consultant agrees to accept as total payment for its services for City, the <br />rates and charges identified in Compensation - Exhibit C, attached hereto and incorporated by <br />reference. <br />4. OWNERSHIP OF MATERIALS <br />This Agreement creates a non - exclusive and perpetual license for City to copy, use, modify, <br />reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, <br />specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any <br />tangible medium of expression, including but not limited to, physical drawings or data magnetically or <br />otherwise recorded on computer disks (CD)s, USB jump drives or equivalent, which are prepared or <br />caused to be prepared by Consultant under this Agreement ( "Documents & Data "). Consultant shall <br />require all sub - consultants to agree in writing that City is granted a non - exclusive and perpetual license <br />for any Documents & Data the sub - consultant prepares under this Agreement. Consultant represents <br />and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant <br />makes no such representation and warranty in regard to Documents & Data which were provided to <br />Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any <br />time, provided that any such use not within the purposes intended by this Agreement shall be at City's <br />sole risk. <br />5. PAYMENTS & INVOICES <br />a. Consultant shall submit a monthly invoice by the fifteenth of the month to the City for the <br />services rendered in the prior month. <br />b. All invoices for work performed under this Agreement shall be submitted in a format <br />