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5. Ownershiu of Work. All reports, drawings, plans and specifications, <br />maps, designs, work data, and all other documents completed or partially completed by <br />Consultant in the performance of this Agreement shall become the property of City. <br />6. Terms. Time is of the essence. Consultant shall begin work after <br />issuance of Notice to Proceed. The Notice to Proceed is anticipated to be issued on <br />Mazch 25, 2008. The work as described in Exhibit "A", Scope of Work, Task 1 shall be <br />completed by April 7, 2008 dependent upon review time. Task 2 shall be completed by <br />October 15, 2009. <br />7. Comuensation. For the services to be rendered hereunder, City shall pay <br />Consultant on atime-and-materials basis, not to exceed $149,700 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 Payment shall be made within <br />thirty (30) 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 aze 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 />