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Phase Two, not to exceed 5 months. <br /> <br /> 6. Compensation. The fee for Phase One - Design shall be <br /> $45,000. Should it be determined during preliminary design that <br /> a concrete reservoir and not a steel reservoir be constructed, <br /> the fee shall be negotiated between the Director of Public Works <br /> and Utilities and Consultant. This fee shall not exceed $60,000. <br /> <br /> The fee for Phase Two - Construction Services shall be <br /> determined at the completion of Phase One and agreed upon by <br /> contractor and the Director of Public Works and Utilities. This <br /> fee shall not exceed $50,000. <br /> <br /> For any services other than those set forth in the <br /> letter dated October 29, 1984, City shall pay Consultant on a <br /> time and materials basis in accordance with the rate schedule <br /> attached hereto as Exhibit "B" and incorporated herein. <br /> <br /> 7. Changes. 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 /> 8. 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 director of Consultant are its <br />agents, servants, and employees and are not agents, servants, or <br />employees of City. <br /> <br /> 9. 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 /> <br /> <br />