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<br />4. Instruments of Service - All documents prepared in accordance with this contract <br />including exhibits, field notes, laboratory data, original drawings, and specifications are the <br />property of the Client. The Consultant is given the right to use any of this data in connection with <br />future engineering projects. The Consultant may retain copies or reproducibles of any information <br />prepared for this Project. <br />5. Determination of Fees - The fees for the scope of services as stated in Attachment "A" <br />provided by Consultant under this agreement will be based on a Not-To-Exceed Amount of <br />$64,010 for design and construction administration. <br />6. Payment and Fee Schedule - The Consultant will submit a monthly invoice for services <br />rendered. The invoice will be based upon the Consultant's estimate of the proportion of the total <br />services actually completed at the time of the invoice for design and construction administration. <br />Services will be invoiced using the following fee schedule: <br />Design Engineering Phase: $47,100 <br />Construction Phase Services: $16,910 <br />Total Project: $64,010 <br />7. Terms of Payment - Payment of fees as determined under Paragraph 5 herein above <br />shall be due and payable by Client within thirty (30) days following receipt of Consultant's monthly <br /> <br />InVOIce. <br /> <br />8. Additional Services - Additional services beyond those described in the Scope of <br />Services will be invoiced on the basis of direct labor cost times a factor of 3.05 and direct cost plus <br />10%. <br /> <br />9. Termination - The Client may terminate this contract at any time by giving seven (7) <br /> <br />days' notice in writing to the Consultant. In that case, all finished or unfinished documents and <br /> <br />other materials produced under this contract, shall become the Client's property. If the contract is <br /> <br />terminated by the Client in accordance with this provision, Consultant shall be paid for all services <br /> <br /> <br />performed to the date of termination. Consultant may terminate this contract upon seven days' <br />