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• <br />CONTRACTOR and FRIENDS shall rely upon their special skills to do and perform <br />this work in the most skillful manner. CITY agrees to ensure such performance of any <br />and all work and the acceptance by CITY of the work performed under this <br />Agreement does not operate as a release of CITY from ensuring such professional <br />responsibility. It is FRIEND'S responsibility to ensure that CONTRACTOR is <br />informed of local, state, and federal laws, codes, and directives pertaining to the work <br />in this Agreement and that CONTRACTOR agrees to perform all work in compliance <br />with those laws, codes, and directives. <br />4. TIME OF PERFORMANCE/TERM <br />All work required pursuant to this Agreement shall commence upon receipt of written <br />notice to proceed from FRIENDS. The construction of the Children's Zoo shall be <br />completed not later than five (5) years from the date of this Agreement. <br />5. OWNERSHIP/MAINTENANCE OF CHILDREN'S ZOO IMPROVEMENT: <br />Upon completion of installation of the improvements constituting the Children's Zoo <br />in the Santa Ana Zoo, such property and improvements shall become the property of <br />the CITY, and CITY shall have maintenance responsibilities thereof. <br />6. COMPENSATION AND METHOD OF PAYMENT <br />A. Maximum Compensation <br />The total compensation for eligible costs in accordance with this Agreement is <br />listed in the Budget, a copy of which is attached and incorporated herein as <br />Exhibit C. Any costs required for the completion of the work to be performed <br />under this Agreement which exceed this budget shall be the responsibility of the <br />FRIENDS. FRIENDS shall not be responsible for reimbursement of costs <br />incurred by the CITY related to community involvement, design and construction <br />administration, and administrative services of CITY in overseeing all phases of <br />construction covered by this Agreement. <br />Upon selection and approval of CONTRACTOR'S bid proposal for the Children's <br />Zoo, FRIENDS shall also approve a ten percent (10%) contingency which authorizes CITY <br />to spend up to ten percent (10%) of the total contract cost to address any necessary change <br />orders which may arise in the course of completing the project, without requiring prior <br />approval by FRIENDS. Any costs or expenses exceeding this ten percent (10%) <br />contingency shall be subject to review and approval by FRIENDS. <br />Any requested modifications to the line items of Exhibit C shall be subject to <br />review and approval by FRIENDS. Budget modifications shall not alter: <br />FriendsZoo.Agr <br />1/28/00 <br />Page 3 of 17 <br />