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stoppages, or other labor disturbances conducted by, or on behalf of, ConsultanYs <br /> officers or employees. <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 that <br /> ConsultanYs performance must be governed by sound practices. <br /> 5. Time is of the Essence. Time is of the essence for each and every provision of <br /> this Agreement. <br /> 6. Comqensation. The total fee payable for the Services to be performed during the <br /> initial term of this Agreement will be $59,760.00. No other compensation for the �_- <br /> Services will be allowed except for items covered by subsequent amendments to this <br /> Agreement. City has the authority to withhold a10% percent retention until City has <br /> accepted all of the services specified in Exhibit "A." <br /> There shall be no additional charge for expenses unless agreed to by City. Payment will <br /> occur only after receipt by City of invoices sufficiently detailed to include hourly rates, <br /> hours worked, and tasks performed, unless otherwise 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 will be the full and <br /> complete compensation 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 will not be required to pay any workers' compensation insurance or <br /> unemployment contributions on behalf of Consultant or its employees or subcontractors. <br /> Consultant agrees to reimburse City within thirty (30) days for any tax, retirement <br /> contribution, social security, overtime payment, unemployment payment or workers' <br /> compensation payment which City makes on behalf of Consultant or any agent, <br /> employee, 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 <br /> Consultant. <br /> 7. Status of Consultant. Consultant will pertorm the Services in ConsultanYs as an <br /> independent contractor and not as an employee of City. The persons used by <br /> Consultant to provide services under this Agreement shall not be considered employees <br /> of City for any purposes. <br /> 8. Subcontractinp. Consultant will not subcontract any portion of the Services <br /> without prior written approval of City Manager or his/her designee. Consultant and City <br /> acknowledge that consultant will be subcontracting portions of the services to Bay Area <br /> Geotechnical Group (BAGG), cornerstone structural engineering group, and Sandra <br /> Etchell, as provided in the Scope of Work. To the exfent consultant subcontracts any of <br /> the Services, Consultant will be fully responsible to City for the acts and omissions of <br /> ConsultanYs subcontractor and of the persons either directly or indirectly employed by <br /> the subcontractor, as. Consultant is for the acts and omissions of persons directly <br /> ATTY/AGR/2011.069 <br /> 081819 <br /> 2 <br />