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4. Sufficiency of Consultant's Work. Consultant agrees <br />that all maps, plans and specifications prepared for City shall <br />be adequate and sufficient to meet the purposes for which they <br />are performed. <br /> <br /> 5. Ownership of Work. All maps, designs, reports, work <br />data, and all other documents completed or partially completed by <br />Consultant in the performance of this Agreement shall become the <br />property of City. <br /> <br /> 6. Term. It is recognized by both parties hereto that <br />time is of the essence. Time of performance shall be controlled <br />by the section entitled Schedule in Exhibit "A". <br /> <br /> 7. Compensation. <br /> <br /> a. As compensation for the basic services, the City <br /> shall pay to the Consultant one and one-half percent <br /> of the total cost of construction of the <br /> improvements. <br /> <br /> b. Invoices will be submitted monthly by the Consultant <br /> and will be prepared based upon estimates of the <br /> percentage of work completed. <br /> <br /> c. For services performed, payment will be made to <br /> Consultant by the City within thirty (30) days of <br /> receipt of invoice from Consultant. <br /> <br /> For any services other than those set forth in Exhibit <br />"A", City shall pay Consultant on a time-and-materials basis in <br />accordance with the rate schedule attached hereto as Exhibit "B" <br />and incorporated herein. <br /> <br /> 8. Chanqes. City may request, from time to time, changes <br />in the scope of services to be provided by Consultant. Any <br />change shall be mutually agreed upon between City and Consultant. <br /> <br /> 9. Consultant's Status. In the performance of the <br />obligations set forth in this agreement, Consultant shall have <br />the status of an independent contractor and Consultant 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 Consultant are its <br />agents, servants, and employees and are not agents, servants, or <br />employees of City. <br /> <br /> 10. Termination of Convenience of City. The City may <br />terminate this Agreement any time by mailing a notice in writing <br />to Consultant that the Agreement is terminated. Said Agreement <br />shall then be deemed terminated, and no further work shall be <br />performed by Consultant. If the Agreement is so terminated, the <br />Consultant shall be paid for the time spent and materials <br />utilized to the time the notice of termination is received. <br /> <br /> - 2 - <br /> <br /> <br />