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The parties will prepare a written amendment indicating the effective date and length of <br />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. City shall pay to Consultant an amount not to exceed Three <br />Hundred Fifty Thousand Dollars ($350,000.00) for the completion of all the work and <br />services described herein, which sum shall include all costs or expenses incurred by <br />Consultant, payable as set forth in Exhibit "A", attached hereto and made a part hereof <br />by reference. City has the authority to withhold a 10% percent retention until City has <br />accepted all of the services specified in Exhibit "A." <br />6.1 An application for payment form must be submitted to City which shall <br />include the following: a clear, detailed invoice reflecting work being billed for, a <br />summary sheet showing hourly rates, hours worked, percentage of work completed to <br />date, amount/percent billed to date and current status of all tasks within a project; <br />any/all backup documentation supporting the above items. Work schedule updates must <br />also be included with the payment requests. <br />6.2 Consultant shall maintain adequate records and shall permit inspection <br />and audit by City of Consultant's charges under this Contract. Consultant shall make <br />such records available to City during normal business hours upon reasonable notice. <br />Nothing herein shall convert such records into public records, and they will be available <br />only to City and any specified public agencies. Such records shall be maintained by <br />Consultant for one (1) year following completion of the work under this Contract unless <br />a longer period of time is required by state or federal law, in which event Consultant <br />shall retain 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 />Page 2 of 13 <br />REV: 07-19-19 DZ <br />ATTY/AGR.2019.206/BKF Engineers, Surveyors, Planners <br />