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4. Sufficiency of Contractorts Work. Contractor agrees <br />that all labor performed and materials supplied for City shall be <br />adequate and sufficient to meet the purposes for which they are <br />performed. <br /> <br /> 5. OwnershiP of Work. All materials and equipment <br />installed, maps, designs, reports, work data, and all other <br />documents completed or partially completed by Contractor in the <br />performance of this Agreement shall become the property of City. <br /> <br /> 6. Term. It is recognized by both parties hereto that time <br />is of the essence. Contractor shall begin work February 1, 1989. <br />The work as described in Exhibit "A", Scope of Work, shall be <br />completed by March 1, 1989 dependent upon weather permitting and <br />City review time. <br /> <br /> 7. Compensation. For the services to be rendered <br />hereunder, City shall pay Contractor on a time-and-materials <br />basis, not to exceed Eighteen Thousand Four Hundred and <br />Fifty Seven Dollars, ($18,457), based on rate schedule per <br />attached Exhibit "B". Partial payment shall be made on a monthly <br />basis in proportion to the percentage of work completed, upon <br />receipt of Consultantts invoice and the approval of the Public <br />Works Director as to the percentage completion claimed. Payment <br />shall be made within thirty (30) days of receipt of Contractor's <br />invoice. <br /> <br /> 8. Chanaes. City may request, from time to time, changes <br />in the scope of services to be provided by Contractor. Any <br />change shall be mutually agreed upon between City and Contractor. <br /> <br /> 9. COntractor~s Status. In the performance of the <br />obligations set forth in this agreement, Contractor shall have <br />the status of an independent contractor and Contractor shall not <br />be considered to be an employee of the City for any purpose. All <br />persons working for or under the direction of Contractor are its <br />agents, servants, and employees and are not agents, servants, or <br />employees of City. <br /> <br /> 10. Teminat~on of Convenience of City. The City may <br />terminate this agreement any time by mailing a notice in writing <br />to Contractor that the Agreement is terminated. Said Agreement <br />shall then be deemed terminated, and no further work shall be <br />performed by Contractor. If the Agreement is so terminated, the <br />Contractor shall be paid for that percentage of the work actually <br />completed, based on a pro rata portion of the total fixed sum <br />compensation described in Section 7 herein at the time the notice <br />of termination is received. <br /> <br /> 11. Non-Assiqnability. The Contractor shall not assign, <br />sublet, or transfer this Agreement or any interest or obligation <br />therein without the prior written consent of the City, and then <br />only upon such terms and conditions as City may set forth in <br />writing. <br /> <br /> <br />