Agmt12 Vanir Construction Management, Inc.

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stoppages, or other labor disturbances conducted by, or on behalf of, Consultant's officers or employees. Consultant acknowledges the importance to City of City's project schedule and agrees to use its best professional efforts to meet the schedule. City understands that Consultant's performance must be governed by sound practices. 5. Time is of the Essence. Time is of the essence for each and every provision of this Agreement. 6. Compensation. The compensation to be paid to Consultant shall be at the rate and schedules, and subject to the limitations, attached hereto as Exhibit "C", and incorporated herein by reference. However, in no event shall the total fee payable for the Services to be performed by Consultant during the initial term of this Agreement exceed Seven Hundred Fifty Thousand Dollars ($750,000.00). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. City has the authority to withhold a 5% percent retention until City has accepted all of the services specified in Exhibits "A" and "B." In addition to the compensation identified above, Consultant will be provided office space for the Services to be performed under this Agreement. Initially, Consultant shall have office space located in City Hall for the Services set forth in Exhibit "A." For those Services set forth in Exhibit "B", City anticipates that Consultant shall either continue to use the City Hall office space or that Consultant will be provided office space in the construction offices of Hunter-Storm. In any event, Consultant shall be under no obligation to pay for office space and City in turn will not be charged for any overhead costs associated with administrative office space needs. There shall be no additional charge for expenses unless agreed to by City. Payment will occur only after receipt by City of invoices sufficiently detailed to include hourly rates, hours worked, and tasks performed, unless otherwise agreed to by City. Incremental payments, if applicable, will be made as outlined in Exhibit "C," attached hereto and incorporated herein by this reference. The payment made to Consultant pursuant to the Agreement will be the full and complete compensation to which Consultant is entitled. City will not make any federal or state tax withholdings on behalf of Consultant or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Consultant or its employees or subcontractors. Consultant agrees to reimburse City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City makes on behalf of Consultant or any agent, employee, or subcontractor of Consultant for work done under this Agreement. At the City's election, City may deduct the reimbursable amount from any balance owing to Consultant. ATTY/AGR/2012.097/VANIR CONSTRUCTION MANAGEMENT AGREEMENT REV: 08-07-12 VR Page 2 of 23