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7.1.D. - Page 5 <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 /> Million Three Hundred Fifty One Thousand Four Hundred Eighty Seven Dollars <br /> ($3,351,487) based on time and materials 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 B, attached hereto and made a part hereof by <br /> reference. <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 <br /> completed to date, amount/percent billed to date and current status of all tasks <br /> within a project; any/all backup documentation supporting the above items. Work <br /> schedule updates must 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 <br /> make such records available to City during normal business hours upon <br /> reasonable notice. Nothing herein shall convert such records into public records, <br /> and they will be available only to City and any specified public agencies. Such <br /> records shall be maintained by Consultant for one (1) year following completion <br /> of the work under this Contract unless a longer period of time is required by state <br /> or federal law, in which event Consultant shall retain its records for the time <br /> required by such laws. <br /> ATTY/AGR/2013.164/URS PROFESSIONAL SERVICES AGR <br /> REV:09-26-13 VR <br /> Page 2 of 78 <br />