Agmt13 Bellecci & Assoc. Design Professional Services Agreement

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4. Schedule. Consultant will adhere to the schedule set forth in Exhibit "A", provided, that City in its discretion may 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, ConsultanYs o�cers or employees. Consultant acknowledges the importance to City of City's project schedule and agrees to use its best professional efforts to meet the schedule. City understands that ConsultanYs 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. Compensation. 6.1. The total fee payable for the Services to be performed during the initial term of this Agreement will be a not-to-exceed amount of $80,000 for both the basic tasks ($73,798) and optional public outreach — part 2 tasks ($6,202) identified in Exhibit "A." No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. In the instance of a change in the scope of work or scope of the project, adjustment to the total fee payable will be negotiated between Consultant and City. Such adjustment will not be effective unless and until authorized by amendment and approved by City. City has the authority to withhold a 10 percent retention until City has accepted all of the services specified in Exhibit "A." 6.2. There shall be no additional charge for expenses unless agreed to by City. Incremental payments, if applicable, will be made as outlined in attached Exhibit "A." If Consultant fails to submit the required deliverables according to the schedule set forth in Exhibit "A", City shall have the right to delay payment and/or terminate this Agreement in accordance with the provisions of Section 20 below. 6.3. Consultant shall not commence performance of work or services until a Notice to Proceed has been issued by City's Contract Manager. Consultant shall not perform the optional service in an amount not to exceed $6,202 unless and until the City Manager or his designee provides prior written authorization to proceed. No payment will be made prior to approval of any work, or for any work performed prior to approval of this Agreement. 6.4. Consultant will be reimbursed, as promptly as fiscal procedures will permit, upon receipt by City's Contract Manager of itemized invoices in triplicate. Invoices shall be submitted no later than 45 calendar days after the performance of work for which Consultant is billing. Invoices shall detail the work perFormed on each milestone, on each project as applicable. Invoices shall follow the format stipulated for the Cost Proposal attached hereto as Exhibit "B" and incorporated herein by this reference, and shall reference this Caltrans contract number, "SRTSL-5029(030)" and project title. The final invoice must contain the final cost and all credits due to City that include any equipment purchased under the provisions of Section 30 of this Agreement. The final invoice should be submitted within 60 calendar days after completion of Consultant's work. Invoices shall be mailed to City's Contract Manager at the address provided in Section 16 below. REV:09-26-13 VR ATTY/AGR/2013.169/BELLECCI&ASSOCIATES Page 2 of 38 CHARTER ST.SRTS