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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 govemed 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. City shall pay to Consultant an amount not to exceed Fifty One <br /> Thousand Four Hundred and Twenty Eight Dollars ($51,428) for the completion of all <br /> the work and services described herein, which sum shall include all costs or expenses <br /> incurred by Consultant, payable as set forth in Exhibit B, attached hereto and made a <br /> part hereof by reference. <br /> 6.1 An application for payment form must be submitted to City which shall include <br /> the following: a clear, detailed invoice reflecting work being billed for, a summary sheet <br /> showing hourly rates, hours worked, percentage of work completed to date, <br /> amount/percent billed to date and current status of all tasks within a project; any/all <br /> backup documentation supporting the above items. Work schedule updates must also <br /> be included with the payment requests. <br /> 6.2 Consultant shall maintain adequate records and shall permit inspection and <br /> audit by City of Consultant's charges under this Contract. Consultant shall make such <br /> records available to City during normal business hours upon reasonable notice. Nothing <br /> herein shall convert such records into public reqords, and they will be available only to <br /> City and any specified public agencies. Such re�ords shall be maintained by Consultant <br /> for one (1) year following completion of the work under this Contract unless a longer <br /> period of time is required by state or federal law, in which event Consultant shall retain <br /> its records for the time required by such laws. <br /> 6.3. The payment made to Consultant pursuant to the Agreement will be the <br /> full and complete compensation to which Consultant is entitled. City will not make any <br /> federal or state tax withholdings on behalf of Consultant or its agents, employees or <br /> subcontractors. City will not be required to pay any workers' compensation insurance or <br /> unemployment contributions on behalf of Consultant or its employees or subcontractors. <br /> Consultant agrees to reimburse City within thirty (30) days for any tax, retirement <br /> contribution, social security, overtime payment, unemployment payment or workers' <br /> compensation payment which City makes on behalf of Consultant or any agent, <br /> employee, or subcontractor of Consultant for work done under this Agreement. At the <br /> City's election, City may deduct the reimbursable amount from any balance owing to <br /> Consultant. <br /> Page 2 of 11 <br /> REV:08-17-16 Ff <br /> ATTY/AGR.2016.216/Kennedy/Jenks Consultants - Recycled Water, Water Quality Study <br />