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3. TIME OF PERFORMANCE <br />3.1 Time is of the essence in the performance of Services under this Agreement <br />and Consultant shall perform the Services in accordance with the schedule included in <br />Exhibit A. In the absence of a specific schedule, the Services shall be performed to <br />completion in a diligent and timely manner. The failure by Consultant to strictly adhere to <br />the schedule set forth in Exhibit A, if any, or perform the Services in a diligent and timely <br />manner may result in termination of this Agreement by City. <br />3.2 Notwithstanding the foregoing, Consultant shall not be responsible for <br />delays due to causes beyond Consultant's reasonable control. However, in the case of <br />any such delay in the Services to be provided for the Project, each party hereby agrees <br />to provide notice within two (2) calendar days of the occurrence causing the delay to the <br />other party so that all delays can be addressed. <br />3.3 Consultant shall submit all requests for extensions of time for performance <br />in writing to the Project Administrator as defined herein not later than ten (10) calendar <br />days after the start of the condition that purportedly causes a delay. The Project <br />Administrator shall review all such requests and may grant reasonable time extensions <br />for unforeseeable delays that are beyond Consultant's control. <br />3.4 For all time periods not specifically set forth herein, Consultant shall <br />respond in the most expedient and appropriate manner under the circumstances, by <br />hand -delivery or mail. <br />4. COMPENSATION TO CONSULTANT <br />4.1 City shall pay Consultant for the Services on a time and expense not -to - <br />exceed basis in accordance with the provisions of this Section and the Schedule of Billing <br />Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's <br />compensation for all Work performed in accordance with this Agreement, including all <br />reimbursable items and subconsultant fees, shall not exceed Sixty Five Thousand <br />Dollars and 00/100 ($65,000.00), without prior written authorization from City. No billing <br />rate changes shall be made during the term of this Agreement without the prior written <br />approval of City. <br />4.2 Consultant shall submit monthly invoices to City describing the Work <br />performed the preceding month. Consultant's bills shall include the name of the person <br />who performed the Work, a brief description of the Services performed and/or the specific <br />task in the Scope of Services to which it relates, the date the Services were performed, <br />the number of hours spent on all Work billed on an hourly basis, and a description of any <br />reimbursable expenditures. City shall pay Consultant no later than thirty (30) calendar <br />days after approval of the monthly invoice by City staff. <br />4.3 City shall reimburse Consultant only forthose costs or expenses specifically <br />identified in Exhibit A to this Agreement or specifically approved in writing in advance by <br />City. <br />Schmitz & Associates Page 2 <br />