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6. Terms. Time is of the essence. Consultant shall begin work June 28, <br />2005. The work as described in Exhibit "A", Scope of Work, shall be completed by <br />October 4, 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 $45,000, 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 />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 CIP <br />038030. Payment shall normally be made within thirty (30) days of receipt of <br />Consultant's invoice. <br /> <br />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 />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 pement (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. 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 /> <br /> <br />