NEWPORT BEACH, CITY OF (5) -2015

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included in Exhibit A. In the absence of a specific schedule, the Services shall be performed to completion in a diligent and timely manner. The failure by Consultant to strictly adhere to the schedule set forth in Exhibit A, if any, or perform the Services in a diligent and timely manner may result in termination of this Agreement by City. 3.2 Notwithstanding the foregoing, Consultant shall not be responsible for delays due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the Services to be provided for the Project, each party hereby agrees to provide notice within two (2) calendar days of the occurrence causing the delay to the other party so that all delays can be addressed. 3.3 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator as defined herein not later than ten (10) calendar days after the start of the condition that purportedly causes a delay. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays that are beyond Consultant's control. 3.4 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances, by hand - delivery or mail. 4. COMPENSATION TO CONSULTANT 4.1 City shall pay Consultant for the Services on a time and expense not -to- exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's compensation for all Work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed One Hundred Eighty Six Thousand Dollars and 001100 ($186,000.00), without prior written authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City. 4.2 City shall pay Consultant according to the following progress payment schedule: 4.2.1 Forty percent (40 %) of the total cost shall be paid to Consultant within thirty (30) days upon submission of bath an invoice for the Work or Services performed, and a complete draft Multi- Jurisdictional Analysis of Impediments to Fair Housing Choice for review by the participating jurisdictions. 4.2.2 Twenty percent (20 %) of the total cost shall be paid to Consultant within thirty (30) days upon submission of both an invoice for the Work or Services performed, and a complete draft of the Five (5) -year Fair Housing Action Plan for review by the participating jurisdictions. 4.2.3 Thirty percent (30 %) of the total cost shall be paid to Consultant within thirty (30) days upon submission of both an invoice for the Work or Services performed, and a complete final draft of the Regional Analysis of Impediments Five (5)- GRC Associates, Inc. Page 2