Agmt16 CDM Smith Inc. - Laserfiche WebLink

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City's Contract Administrator. The Agreement shall end on March 31 , 2018, unless extended by Agreement amendment. 3 .2 Consultant is advised that any recommendation for contract award is not binding on City until the Agreement is fully executed and approved by City. 4. Schedule. Consultant will adhere to the schedule set forth in Exhibit "A", provided , that City in its discretion may grant reasonable extensions of time for the performance of such services occasioned by unusually lengthy governmental reviews of Consultant's work product or other unavoidable delays occasioned by circumstances; provided , further, that such unavoidable delay will not include strikes , lockouts, work stoppages, or other labor disturbances conducted by, or on behalf of, Consultant's officers or employees . Consultant acknowledges the importance to City of City's project schedule and agrees to use its best professional efforts to meet the schedule . City understands that Consultant's performance must be governed by sound practices . 5 . Time is of the Essence. Time is of the essence for each and every provision of this Agreement. 6 . Allowable Costs and Payments. 6 . 1 The method of payment for this Agreement will be based on lump sum . The total lump sum price paid to Consultant will include compensation for all work and deliverables, including travel and equipment described in Section 1 , Scope of Work of this Agreement. No additional compensation will be paid to Consultant, unless there is a change in the scope of the work or the scope of the project. In the instance of a change in the scope of work or scope of the project, adjustment to the total lump sum compensation will be negotiated between Consultant and City. Adjustment in the total lump sum compensation will not be effective until authorized by Agreement amendment and approved by City. 6 .2 Progress payments may be made monthly in arrears based on the percentage of work completed by Consultant. If Consultant fails to submit the required deliverable items according to the schedule set forth in the Statement of Work, City shall have the right to delay payment or terminate this Agreement in accordance with the provisions of Section 23, Termination . 6 . 3 Consultant shall not commence performance of work or services until this Agreement has been approved by City and notification to proceed has been issued by City's Contract Administrator. No payment will be made prior to approval of any work, or for any work performed prior to approval of this Agreement. 6 .4 Consultant will be reimbursed , as promptly as fiscal procedures will permit, upon receipt by City's Contract Administrator of itemized invoices in triplicate. Invoices shall be submitted no later than 45 calendar days after the performance of work for which Consultant is billing . Invoices shall detail the work performed on each milestone, on each project as applicable . Invoices shall follow the format stipulated for the Cost Proposal and shall reference this Agreement number and project title. Final invoice must contain the final cost and all credits due City that include any equipment purchased under the provisions of Section 33 , Equipment Purchase of this Agreement. ATTY/AGR/2016.053/CDM SMITH REV: 03-22-16 JS Page 2 of 18