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4. Sufficienc~ 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 time <br /> is of the essence. Consultant shall begin work as described in <br /> Exhibit "A, Scope of Work, Task 1A on March 5, 1986 and shall be <br /> completed by July 1, 1986. Upon receipt of a written notice to <br /> proceed, Consultant shall begin work on Task 1B and shall have 90 <br /> calendar days to complete the site design. Tasks 1C, 1D, and 1E <br /> shall be completed on an as needed basis. Consultant will not be <br /> held responsible for delays beyond its control subject to City <br /> being notified of such a delay. <br /> <br /> 7. Compensation. For the services to be rendered <br />hereunder, City shall pay Consultant on a time-and-materials <br />basis, not to exceed $132,100.00 as stated in Exhibit "A" and <br />based on rate schedule per attached Exhibit "B". Partial payment <br />shall be made on a monthly basis in proportion to the percentage <br />of work completed, upon receipt of Consultant's .invoice and the <br />approval of the Public Works Director. Payment shall be made <br />within thirty (30) days of receipt of Consultant's invoice. <br /> <br /> 8. ~han~es. 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, <br />employees of City. <br /> <br /> 10. Termination of Convenience of Cit~L 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 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 /> - 2 - <br /> <br /> <br />