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4. Schedul�. Consultant will adhere to the schedule set for�h in Exhibit "A", <br /> provided, that City in its discretic�n may grant reasonable extensions af time for the <br /> performance of such services occasioned by unusually lengthy governrnental reviews of <br /> ConsultanYs work product or ather unavoidable delays accasioned by circurnstances; <br /> provided, further, that such unavoidable delay will not ir�clude strikes, iockc�uts, work <br /> stappages, or other labor disturbances conducted by, or on behalf af, ConsultanYs <br /> afficers or employees. <br /> Consuitant acknowledges the importance ta City's project schedule and agrees to use <br /> its best professianal efforts to meet the schedule. City understands that Consultant's <br /> performance must be gaverned by sound practices. <br /> 5. Time is of �he Essence. Time is of the essence far each and ev�ry provision af <br /> this Agreement. <br /> 6. Compensation. City shall pay to Cansultant an amaunt n4t to exceed Twenty- <br /> Three Thousand Dollars ($23,000) for the complekion of all the wark and services <br /> described herein, which sum shall include al! costs ar expenses incurred by Consuitant <br /> including travel, mater+als, communication and shipping expenses, payable as set forth <br /> in Exhibit A, attached hereto and made a part hereof by reference. <br /> 6.1 Consultant shall maintain adequate records and shall permit inspectian <br /> and audit by Gity af Cansultant's charges under this Contract. Consultant shal! make <br /> such records available ta City during normal business haurs upon reasonable notice. <br /> Nathing herein sha14 canvert sueh records inta pubiic records, and they will be available <br /> only ta Gity and any specified public agencies. Such records shall be main#ained by <br /> Consuftant for one (1) year faliow�ng completion of the work under this Contract unless <br /> a Eonger periad of time is requir�d by state or federal law, in which event Cansultant <br /> shall retain its recc�rds far the time required by such laws. <br /> 6.2. The payment made to Consultar�t pursuan# to the Agreement will be the <br /> full and compfete compensation to which Gonsultant is entitled. City will not make any <br /> federal or state tax withholdings on b�half of Cansultant or its agents, empEoyees or <br /> subcontrac#ors. City wall not be required #a pay any workers' compensation insurance or <br /> unemployrnent con#ributions on behalf of Consuftant or its employees or subcc�ntractc�rs. <br /> 7. Status c�f Cansultant. Consultar�t will perform the Services as an independent <br /> contractar and not as an employee of City. The persons used by Gansultant to provide <br /> services under this Agreement shall nat be considered employees of City far any <br /> purposes. <br /> $. Subcontractinq, Consultant will not subcontract any portion of the Services <br /> without prior written approval af City Manager or hislher designee. If Consultant <br /> subcontracts any of the S�rvices, Consultant will be fully responsible to City far the acts <br /> a�rd omissions of Consultant's subcontractar and of the pers+�ns either directly ar <br /> indirectly employed by the subcontractor, as Gonsultant is far the acts and omissions of <br /> REV:09-09-15 MLG <br /> Page 2 of 12 <br /> ATTYtAGR.2015.216![7avid J. Pawers&Associates <br />