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needs and appropriation of funds by the City. The parties will prepare a written <br /> amendment indicating the effective date and length of the extended Agreement. <br /> 4. Schedule. Consultant will adhere to the schedule set forth in Exhibit "A", <br /> provided, that City in its discretion may grant reasonable extensions of time for the <br /> performance of such services occasioned by unusually lengthy governmental reviews of <br /> Consultant's work product or other unavoidable delays occasioned by circumstances; <br /> provided, further, that such unavoidable delay will not include strikes, lockouts, work <br /> stoppages, or other labor disturbances conducted by, or on behalf of, Consultant's <br /> officers or employees. <br /> Consultant acknowledges the importance to City of City's project schedule and agrees <br /> to use its best professional efforts to meet the schedule. City understands that <br /> Consultant's performance must be governed by sound practices. <br /> 5. Time is of the Essence. Time is of the essence for each and every provision of <br /> this Agreement. <br /> 6. Compensation . The total fee payable for the Services to be performed during the <br /> initial term of this Agreement shall not exceed One Hundred Fifty Thousand dollars <br /> ($150,000.00). The consultant shall be paid on a time and materials basis and paid <br /> monthly based on the survey work done. <br /> No other compensation for the Services will be allowed except for items covered by <br /> subsequent amendments to this Agreement. City has the authority to withhold a 10% <br /> percent retention until City has accepted all of the services specified in Exhibit "A." <br /> incremental payments, if applicable, will be made as outlined in attached Exhibit "A." <br /> 6. 1 An application for payment form must be submitted to City which <br /> shall include the following: a clear, detailed invoice reflecting work being billed <br /> for, a summary sheet showing hourly rates, hours worked, percentage of work <br /> completed to date, amount/percent billed to date and current status of all tasks <br /> within a project; any/all backup documentation supporting the above items. Work <br /> schedule updates must also be included with the payment requests. <br /> 6.2 Consultant shall maintain adequate records and shall permit <br /> inspection and audit by City of Consultant's charges under this Contract. <br /> Consultant shall make such records available to City during normal business <br /> hours upon reasonable notice. Nothing herein shall convert such records into <br /> public records, and they will be available only to City and any specified public <br /> agencies. Such records shall be maintained by Consultant for one (1 ) year <br /> following completion of the work under this Contract unless a longer period of <br /> time is required by state or federal law, in which event Consultant shall retain its <br /> records for the time required by such laws. <br /> REV: 06-28-16 VR <br /> Page 2 of 13 <br /> ATTY/AGR.2016.170/SANDIS, Civil Engineers, Surveyors, Planners <br />