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5. Ownerstaip of Work. All reports, drawings, plans and specifications, <br />maps, designs, work data, and all other documents completed or paff~ally completed by <br />Consultant in the performance of this Agreement shall become the property of City. <br /> <br /> 6. Terms. Time is of the essence. Consultant shall begin work April 5, <br />2004. The work as described in Exhibit "A", Scope of Work, shall be completed by April <br />18, 2005, dependent upon City review time and unforeseen changes to the project <br />program. <br /> <br /> 7. Compensation. For the services to be rendered hereunder, City shall pay <br />Consultant on a time-and-materials basis, not to exceed $467,650, based on the rate <br />schedule and Professional Fee Summary per attached Exhibit "B". Partial payment shall <br />be made on a monthly basis in proportion to the percentage of work completed, upon <br />receipt of Consultant's invoice and the approval of the work by the City's Project <br />Manager. <br /> <br /> a. Invoices submitted to City for payment must contain a brief description of <br /> work performed, percentage of work completed, percentage of contract time <br /> used, percentage of contract amount expended and City reference number <br /> 007065. Payment shall normally be made within thirty (30) days of receipt of <br /> Consultant's invoice. <br /> <br /> b. Upon completion of work and acceptance by City, Consultant shall have sixty <br /> (60) days in which to submit final invoicing for payment. An extension may <br /> be granted by City upon receiving a written request thirty (30) days in <br /> advance of said time limitation. The City shall have no obligation or liability <br /> to pay any invoice for work performed which the Consultant fails or neglects <br /> to submit within sixty days, or any extension thereof granted by the City, after <br /> the work is accepted by the City. <br /> <br /> c. Consultant understands and agrees that it will prepare the plans and <br /> specifications for this project based on the established budget for the project <br /> that the City has prepared. Consultant has independently reviewed the budget <br /> for this project and agrees that the plans and specifications that it will prepare <br /> will result in the project being competitively bid within the established budget. <br /> Should the lowest responsible bid that the City receives for the project exceed <br /> the established budget by more than ten percent (10%), Consultant shall, at no <br /> cost to the City and after discussion with City staff, revise the plans and <br /> specifications such that the project, as revised, is likely to be competitively bid <br /> within the established budget. <br /> <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 /> <br /> 9. Consnltanfs Status. In the performance of the obligations set forth in <br />this Agreement, Consultant shall have the status of an independent contractor and <br /> <br /> <br />