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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 /> pertormance of such services occasioned by unusually lengthy govemmental reviews of <br /> ConsultanYs work product or other unavoidable delays occasioned by circumstances; <br /> provided, further, that such unavoidable delay will not include sVikes, lockouts, work <br /> stoppages, or other labor disturbances conducted by, or on behalf of, ConsultanYs <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 /> ConsultanYs pertormance 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 P <br /> 6. Compensation. The total fee payable for the Services to be performed during the <br /> initial term of this Agreement will be $14,280.00. No other compensation for the � <br /> Services will be allowed except for items covered by subsequent amendments to this <br /> Agreement. City has the authority to withhold a 10% percent retention until City has <br /> accepted all of the services specified in Exhibit "A." <br /> There shall be no additional charge for expenses unless agreed to by City. Payment will <br /> occur only after receipt by City of invoices sufficiently detailed to include hourly rates, <br /> hours worked, and tasks pertormed, unless othervvise agreed to by City. Incremental <br /> payments, if applicable, will be made as outlined in attached Exhibit "A." <br /> The payment made to Consultant pursuant to the Agreement will be the full and <br /> complete compensation to which Consultant is entiUed. City will not make any federal <br /> 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 /> 7. Status of Consultant. Consultant will perform the Services as an independent <br /> contractor and not as an employee of City. The persons used by Consultant to provide <br /> services under this Agreement shall not be considered employees of City for any <br /> purposes. <br /> 8. Subcontractina. Consultant will not subcontract any portion of the Services <br /> without prior written approval of City Manager or his/her designee. If Consultant <br /> subcontracts any of the Services, Consultant will be fully responsible to City for the acts <br /> and omissions of ConsultanYs subconVactor and of the persons either directly or <br /> ATTY/AGRY1012.020IKIMLEY-HORN Page 2 of 12 <br /> REV:02-24-12 VR � <br />