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6. Terms. Consultant shall begin work after issuance of Notice to Proceed. <br /> The Notice to Proceed is anticipated to be issued on October 1, 2010. The work as <br /> described in Exhibit A, Scope of Work, shall be completed by November 2010 dependent <br /> upon Construction Contract approval, contractors schedule, weather & requirements of <br /> the project. <br /> 7. Compensation. For the services to be rendered hereunder, City shall pay <br /> Consultant on a time - and - materials basis, not to exceed $24,495, based on rate schedule <br /> per attached Exhibit B. Partial payment shall be made on a monthly basis in proportion <br /> to the percentage of work completed, upon receipt of Consultant's invoice and the <br /> approval of the City Engineer. <br /> a. Invoices submitted to City for payment must contain a brief description of <br /> work performed, percentage of work completed, percentage of contract <br /> time used, percentage of contract amount expended and City reference <br /> numbers Project No. 012027. Payment shall be made within thirty (30) <br /> days of receipt of Consultant's invoice. <br /> b. Upon completion of work and acceptance by City, Consultant shall have <br /> sixty (60) days in which to submit final invoicing for payment. An <br /> extension may be granted by City upon receiving a written request thirty <br /> (30) days in advance of said time limitation. The City shall have no <br /> obligation or liability to pay any invoice for work performed which the <br /> Consultant fails or neglects to submit within sixty days, or any extension <br /> thereof granted by the City, after the work is accepted by the City. <br /> 8. Changes. City may request, from time to time, changes in the scope of <br /> services to be provided by Consultant. Any changes and related fees shall be mutually <br /> agreed upon between City and Consultant and shall be the subject of a written <br /> amendment to this Agreement. <br /> 9. Consultant's Status. In the performance of the obligations set forth in <br /> this Agreement, Consultant shall have the status of an independent contractor and <br /> Consultant shall not be considered to be an employee of the City for any purpose. All <br /> persons working for or under the direction of Consultant are its agents, servants, and <br /> employees and are not agents, servants, or employees of City. <br /> 10. Termination of Convenience of City. The City may terminate this <br /> Agreement at any time by mailing a notice in writing to Consultant that the Agreement is <br /> terminated. Said Agreement shall then be deemed terminated, and no further work shall <br /> be performed by Consultant. If the Agreement is so terminated, the Consultant shall be <br /> paid for that percentage of the work actually completed, based on a pro rata portion of the <br /> total fixed sum compensation described in Section 7 herein at the time the notice of <br /> termination is received. <br />