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1.9.3 The hourly rates effective for each Work Authorization issued under this Agreement are attached as Schedule A. 1.9.4 Fees for work authorizations may be established with an upper limit or ·not to exceed" amount or based upon a fixed (lump sum), and all such fees shall be based on the hourly rates attached In Schedule A. 1.9 .5 A form of work authorization acceptable to the City for Consultant's use is attached to this Agreement. SECTION 2 -COMPLETION SCHEDULE 2.1 Schedule Consultant agrees to complete its Professional Services and provide the indicated deliverables in accordance with the schedule approved for each work authorization. 2.2 Delay 2.2.1. Consultant's Professional Services shall be timely performed in compliance with the schedule or as amended in a writing executed by both parties. If Consultant is delayed at any time in the progress of its Professional Services by any act, failure to act or neglect of the City, or any separate consultant or contractor hired directly by the City, or by occurrences beyond the control and without any fault or negligence of Consultant, Consultant shall provide to the City, within five (5) working days of the date the delay began, written notice of the delay. Provided Consultant has timely notified the City of such delay, the City shall amend the schedule and/or Fee in writing , for the time delay actually caused by such occurrence, as determined by the City. This extension of time and/or additional fee shall be Consultant's sole and exclusive remedy attributed to such delay. 2 .2 .2 . Consultant acknowledges responsibility for any delay damages suffered by the City as a result of Consultant's negligent, reckless or intentional wrongful actions or inactions. In the event that the City suffers or reasonably believes that it will suffer actual delay damages as a result of Consultant aforesaid actions or inactions, the City, in its sole discretion, said discretion to be exercised reasonably and in good faith, shall have the right and be entitled to terminate this Agreement upon five (5) day's written notice and such termination shall not be construed to constitute a breach of this Agreement by the City. SECTION 3 • PROFESSIONAL SERVICE S FEE & EXPEN SES 3.1 Hourly Rates. Consultant's hourly rates effective for the term of this Agreement are attached as Schedule A and incorporated Into this Agreement. 3.2 Fee Schedule. The fee to be paid by the City to Consultant, for all Professional Services of both Consultant and any of its subcontractors ("Fee") and administrative reimbursements in connection with a work authorization, shall be set forth in a detailed Fee Schedule attached to each specific work authorization issued under this Agreement. The Fee Schedule shall detail estimated hours by position category for each phase of Professional Services along with the hourly rates. All reimbursable expenses and costs, Including administrative expenses, documents production, travel, etc., shall be detailed in the Fee schedule. Attached to this Agreement as Schedule A Is a list of Consultant's hourly rates for every position or level of professional or staff for whom time will be invoiced under this Agreement. Form-PSA CCNA Master 091914 Erdman Anthony -14919 101114 8