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ATTY/AGR/2016.053/CDM SMITH <br />REV: 03-22-16 JS <br />Page 2 of 18 <br />City’s Contract Administrator. The Agreement shall end on March 31, 2018, unless <br />extended by Agreement amendment. <br />3.2 Consultant is advised that any recommendation for contract award is not binding <br />on City until the Agreement is fully executed and approved by City. <br /> <br />4. Schedule. Consultant will adhere to the schedule set forth in Exhibit “A”, provided, that <br />City in its discretion may grant reasonable extensions of time for the performance of such <br />services occasioned by unusually lengthy governmental reviews of Consultant’s work product <br />or other unavoidable delays occasioned by circumstances; provided, further, that such <br />unavoidable delay will not include strikes, lockouts, work stoppages, or other labor <br />disturbances conducted by, or on behalf of, Consultant’s officers or employees. <br /> <br />Consultant acknowledges the importance to City of City’s project schedule and agrees to use <br />its best professional efforts to meet the schedule. City understands that Consultant’s <br />performance must be governed by sound practices. <br /> <br />5. Time is of the Essence. Time is of the essence for each and every provision of this <br />Agreement. <br /> <br />6. Allowable Costs and Payments. <br /> <br />6.1 The method of payment for this Agreement will be based on lump sum. The total <br />lump sum price paid to Consultant will include compensation for all work and <br />deliverables, including travel and equipment described in Section 1, Scope of Work of <br />this Agreement. No additional compensation will be paid to Consultant, unless there is <br />a change in the scope of the work or the scope of the project. In the instance of a <br />change in the scope of work or scope of the project, adjustment to the total lump sum <br />compensation will be negotiated between Consultant and City. Adjustment in the total <br />lump sum compensation will not be effective until authorized by Agreement amendment <br />and approved by City. <br /> <br />6.2 Progress payments may be made monthly in arrears based on the percentage of <br />work completed by Consultant. If Consultant fails to submit the required deliverable <br />items according to the schedule set forth in the Statement of Work, City shall have the <br />right to delay payment or terminate this Agreement in accordance with the provisions of <br />Section 23, Termination. <br />6.3 Consultant shall not commence performance of work or services until this <br />Agreement has been approved by City and notification to proceed has been issued by <br />City’s Contract Administrator. No payment will be made prior to approval of any work, <br />or for any work performed prior to approval of this Agreement. <br />6.4 Consultant will be reimbursed, as promptly as fiscal procedures will permit, upon <br />receipt by City’s Contract Administrator of itemized invoices in triplicate. Invoices shall <br />be submitted no later than 45 calendar days after the performance of work for which <br />Consultant is billing. Invoices shall detail the work performed on each milestone, on <br />each project as applicable. Invoices shall follow the format stipulated for the Cost <br />Proposal and shall reference this Agreement number and project title. Final invoice <br />must contain the final cost and all credits due City that include any equipment <br />purchased under the provisions of Section 33, Equipment Purchase of this Agreement. <br />6.1.B. - Page 4