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b. Time for Performance. Consultant shall perform and complete all services as may be <br />requested pursuant to the Scope of Work in a timely and expeditious manner. Consultant shall perform <br />such services in accordance with the schedules which Consultant and City may mutually agree as to any <br />particular deliverable, study, job or analysis. In the event that Consultant determines that a proposed <br />schedule for work as requested by the City is not possible or achievable, Consultant shall immediately <br />notify the City's Representative, in writing and seek modifications. No extension of time shall be <br />accepted unless it is evidenced in a writing executed by each Party's Representative. <br />C. Progress Report. Consultant shall submit progress reports at least once a month. The <br />report shall be sufficiently detailed for City's Project Manager to determine whether Consultant is <br />performing to expectations and on schedule, to communicate interim findings, and to specifically address <br />any difficulties or special problems encountered, so remedies can be developed. <br />2. REPRESENTATIVES <br />a. For purposes of implementing this Agreement, the representative of City shall be the <br />Executive Director of the Public Works Agency, or his designated representative, and the representative <br />of the Consultant shall be James Faber, or his designated representative. Except as may be otherwise <br />stated herein, such representatives shall have the authority to act on behalf of their respective parties in <br />carrying out the terms of this Agreement. <br />b. Consultant shall assign the appropriate key personnel to perform the services required by <br />this Agreement, as set forth in the RFP and Consultant's Proposal. Consultant shall maintain the Project <br />Manager identified in its Proposal, and approved by the City. <br />3. OWNERSHIP OF REPORTS AND DOCUMENTS <br />Upon completion of all work under this Agreement, ownership and title to all reports, documents, <br />tracings, plans, specifications, estimates and maps prepared or obtained under the terms of this Agreement <br />shall be delivered to, and become the property of City. Basic survey notes and sketches, charts, <br />computations, and other data prepared or obtained pursuant to this Agreement shall be made available <br />upon request of the City without restriction or limitation on their use. Consultant shall furnish the City all <br />necessary copies of data needed to complete the review and approval process. <br />4. FINISHED AND PRELIMINARY DATA <br />All of Consultant's finished technical data, including but not limited to illustrations, photographs, <br />data including without limitation source code, binary code, all media, technical documentation and user <br />documentation, photoprints and other graphic information required to be furnished under this Agreement, <br />shall be City's property upon payment and shall be furnished with unlimited rights and, as such, shall be <br />free from proprietary restriction except as elsewhere authorized in this Agreement. Consultant further <br />agrees that it shall have no interest or claim to such finished, City-owned, technical data; furthermore, <br />said data is subject to the provisions of the Freedom of Information Act, 5 USC 552. <br />5. COMPENSATION <br />a. The method of payment for this contract will be based on actual cost method. The City will <br />reimburse the Consultant for actual costs (including labor costs, employee benefits, travel, equipment <br />rental costs, overhead and other direct costs) incurred by the Consultant in performance of the work. The <br />Consultant will not be reimbursed for actual costs that exceed the estimated wage rates, employee <br />benefits, travel, equipment rental, overhead and other estimated costs set forth in the approved <br />2 <br />25B-4