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6.1H Page 5 4. Schedule. Consultant will generally adhere to the schedule set forth in Exhibit "Cn hereof, attached hereto and by this reference incorporated herein; provided, that City will 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 put forth its best professional efforts to perform the Services under this Agreement in a manner consistent with that schedule. City understands, however, 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. Comoensation. The total amount payable for the Services to be performed during the initial term of this Agreement will not exceed three hundred thirty four thousand two hundred sixty four dollars ($334,264.00). Consultant will adhere to the "Schedule of Values (Budget)" set forth in Exhibit "8-1" and submit invoices to the City for work performed as specified in Exhibit "B-2" , both exhibits attached hereto and by this reference incorporated herein. No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. Payment will occur only after receipt by City of invoices sufficiently detailed to include hours performed, hourly rates, and related activities and costs for approval by City. Incremental payments, if applicable, should be made as outlined in attached Exhibit "B." 7. Status of Consultant. Consultant will perform the Services in Consultant's own way as an independent contractor and in pursuit of Consultant's independent calling, and not as an employee of City. The persons used by Consultant to provide services under this Agreement will not be considered employees of City for any purposes. Consultant recognizes that qualifications and experience of the personnel Consultant proposes to use on this contract are vital to professional and timely completion of the work. The personnel assigned to perform the work for this Agreement as described in Exhibit "A" shall remain assigned through completion of the entire scope of services unless otherwise mutually agreed between the parties or unless removal is justified by hardship or resignation. The personnel from Hart Howerton staff assigned to this contract are: . Roland Aberg, Principal . Amie MacPhee, Principal Agreement over $1 OK 2 City Attorney Approved Version 111803