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REV: 10-21-2022 MI <br />stoppages, or other labor disturbances conducted by, or on behalf of, Contractor’s officers <br />or employees. <br />5. Time is of the Essence. Time is of the essence for each and every provision of <br />this Agreement. <br />6. Compensation. City will pay to Contractor a flat-rate fee of Forty-Five Thousand <br />Three Hundred Forty-Five Dollars ($45,345) for the completion of all the work and <br />services described herein, which sum will include all costs or expenses incurred by <br />Contractor, payable as set forth in Exhibit “A”. City will have the authority to withhold a <br />10% retention until it has accepted all of the Services as complete. <br />6.1 Contractor must submit applications for payment that contain the following: <br />6.1.1. A clear, detailed invoice reflecting Services for which Contractor is billing <br />City; <br />6.1.2. A summary sheet showing hourly rates (if applicable); <br />6.1.3. Number of hours worked; <br />6.1.4. Percentage of Services completed to date; <br />6.1.5. Amount/percent billed to date; <br />6.1.6. Current status of all tasks within a project; <br />6.1.7. Any backup documentation reasonably necessary to substantiate the <br />preceding items; and <br />6.1.8. Any changes to the anticipated work schedule. <br />6.2. The payment made to Contractor pursuant to the Agreement will be the full <br />and complete compensation to which Contractor is entitled. City will not make any federal <br />or state tax withholdings on behalf of Contractor or its officers, agents, employees, <br />Contractors, or subcontractors (collectively, “Contractor Personnel”). City will not be <br />required to pay any workers' compensation insurance or unemployment contributions on <br />behalf of Contractor or any Contractor Personnel. Contractor agrees to reimburse City <br />within thirty (30) days for any tax, retirement contribution, social security, overtime <br />payment, unemployment payment or workers' compensation payment which City makes <br />on behalf of Contractor or any Contractor Personnel for work done under this Agreement. <br />At the City’s election, City may deduct the reimbursable amount from any balance owing <br />to Contractor. <br />7. Status of Contractor. Contractor will perform the Services as an independent <br />contractor and not as an employee of City. The persons used by Contractor to provide <br />services under this Agreement will not be considered employees of City for any purposes. <br />ATTY/AGR.2022.373/Bay City Boiler and Engineering Company, Incorporated (Page 2 of 11)