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1 <br /> 1 <br /> i <br /> stoppages, or other labor disturbances conducted by, or on behalf of, Consultant's � E <br /> ofFcers or empioyees. � <br /> ; <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 #hat ; <br /> Consultant's performance must be govemed by sound practices. � <br /> � <br /> 5. �me is of the Essence. Time is vf the essence fior each and every provision af � <br /> this Agreement. <br /> 6. Compensation. The total fee payable for the Services to be pe�formed during the ' <br /> initiaf term of this Agreement will not exceed twenty-two thausand dotlars $22,OQ0. No ' <br /> other compensation for the Services will be allowed except far items covered by <br /> subsequent amendments to this /�greement. City has the authority to withhald a 10% <br /> percent retention until City has acc�pied all of the services specified in Exhibit"A.'" ; <br /> There shall be no additional charge for expenses unless agreed to by City. Payment wiEl <br /> occu� onty after receipt by City of invoices sufficienthr detailed to include hourly rates, <br /> hours worked, and tasks pertormed, unless otF�erwise agreed to by City. Incremental <br /> payments, if applicable, will be made as outlined in attached Exhibit"A." <br /> The payment made to Consultant pursuant to the Agreement wifl be the fult and <br /> complete rr:ommpensation to which Consultant is entitled. City will not make any federal <br /> or state tax withholdings on behalf of Consultant or its agents, employees or <br /> subcontractors. City wi(1 not be required to pay any workers'compensation insurance or <br /> unemploymen#c:ontributions on behalf of Consultant or its employees or subcontractors. <br /> Consultant agrees to reimburse City within thirty (30) days for any tax, ret�rement <br /> contribution, social securi#y, overtime payment, unemployment payment or workers' <br /> compensation payment which City makes on behalf of Consuttant or any agent, <br /> empfoyee, or subcontractor of Consultant for work done under this Agreement. At the <br /> City's election, City may deduct the reimbursable amount from any balance owing to A <br /> Cansultant. <br /> € <br /> i <br /> 7. Status of Consultant. Consultant will perForm the Senrices as an independent ¢ <br /> contractor and not as an employee of City. The persons used by Consultant to provide � <br /> services under this Agreement shall not be considered employees of City for any ; <br /> purposes. ; <br /> s` <br /> 8. Subcontractinq. Consultant will not subcontract any portivn of the Services { <br /> without prior written approval of C9ty Manager or his/her designee. If Consultant <br /> subcontracts any of the Services, Consultant wiA be fully responsible to City for the acts e <br /> and omissions af Consultant's subcontractor and of the persons either directly or x <br /> indirectly emp(oyed by the subcontractor, as Consultant is for the acfs and omissions of � <br /> persons directly employed by Consultant. Nothing contained in this Agreement will <br /> create any contractual retationship between any subcontractor of Consultant and City. <br /> Consu�ant will be responsibfe for payment of subcontractors. Consu�ant will bind every s <br /> ; <br /> ATTY/AGR/2015.003/ENGEO AGREEMENT � <br /> REV:OS-08-2015 MLG Z § <br /> k <br /> � <br /> � <br /> % <br /> � <br /> � <br />