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REV: 06-22-21 MI <br />Services is delayed due to unusually lengthy governmental reviews or other unexpected, <br />unavoidable circumstances. Such circumstances will not include strikes, lockouts, work <br />stoppages, or other labor disturbances conducted by, or on behalf of, Consultant’s officers <br />or employees. <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 will pay to Consultant a not-to-exceed amount of Seven <br />Hundred Fifty Nine Thousand Six Hundred Ten Dollars ($759,610) for the completion of <br />all the work and services described herein, which sum will include all costs or expenses <br />incurred by Consultant, payable as set forth in Exhibit “A”. City will have the authority to <br />withhold a 10% retention until it has accepted all of the Services as complete. <br />6.1 Consultant must submit applications for payment that contain the following: <br />6.1.1. A clear, detailed invoice reflecting Services for which Consultant is <br />billing City; <br />6.1.2. A summary sheet showing hourly rates (if applicable); <br />6.1.3. Number of hours worked; <br />6.1.4. Percentage of Services completed to date; <br />6.1.5. Amount/percent billed to date; <br />6.1.6. Current status of all tasks within a project; <br />6.1.7. Any backup documentation reasonably necessary to substantiate <br />the preceding items; and <br />6.1.8. Any changes to the anticipated work schedule. <br />6.2. The payment made to Consultant pursuant to the Agreement will be the full <br />and complete compensation to which Consultant is entitled. City will not make any federal <br />or state tax withholdings on behalf of Consultant or its officers, agents, employees, <br />consultants, or subcontractors (collectively, “Consultant Personnel”). City will not be <br />required to pay any workers' compensation insurance or unemployment contributions on <br />behalf of Consultant or any Consultant Personnel. Consultant agrees to reimburse City <br />within thirty (30) days for any tax, retirement contribution, social security, overtime <br />payment, unemployment payment or workers' compensation payment which City makes <br />on behalf of Consultant or any Consultant Personnel for work done under this Agreement. <br />At the City’s election, City may deduct the reimbursable amount from any balance owing <br />to Consultant. <br />ATTY/AGR.2021.149/ESA (Transit District CEQA) (Page 2 of 26)