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' 6.1. D. - Page 4 <br /> sto�pages, or other labor disturbances conducted by, or on beha�f of, Consultant's <br /> officers or empfoyees. <br /> Consultant acknowledges the importance to City of City's projec# schedule and agrees <br /> to use its best professional effarts to meet the schedule. City understands that <br /> Consultant's perFormance m�st be go�erned by sound praetices. <br /> �. Time is of the Essence. Time is of the essence for each and e�ery pro�ision of <br /> this Agreemer�t. <br /> 6. Com�er�satian. City shall pay to Consultant ar� amount r�ot to exceed �ne <br /> Hundred Sixty Fi�e Tho�rsand and 00/1Q0 Dollars {$965,000.00) for the completian of all <br /> the waric and serrrices described herein, which sum shall include all costs or expens�s <br /> incurred by Consultant, payable as sat forth in Exhibit B, attached hereto and made a <br /> part hereof by reference. <br /> 6.1 An application for payment form must be submitted to City wl�ich shall include <br /> the �ollowing: a clear, detailed in�oice reflecting wark being billed for, a summary <br /> sheet showing hourly rates, hours worked, percentage of work campleied to <br /> date, amountlpercent billed to date and eurrent status of all tasks within a project; <br /> any/all backup documer�tation supporting t�e abo�e items. Work schedule <br /> updates must also be inciuded with the payment requests. <br /> 6.2 Consultant shall maintain adaqua�e recards and shall permit inspection and <br /> audit by City of Consultant's charges under this Contract. Consultant shall make <br /> suc� records avafla�le to City during nor�al busir�ess hours upon reasonable <br /> notice. Nothing herein shall convert such records into public records, and they <br /> will be a�ailable only to City and any specifie� public ager�cies. Such records <br /> shafl be maintained by Consultant for one (1) year following com�letion of the <br /> work under this Contract unless a longer perifld of time is required by state or <br /> federa! iaw, in which e�ent Consultant shall retain its records for the time <br /> required by such lavus. <br /> 6.3. The payment rr�ade ta Consultant pursuar�t to the Agreeme�t will be the full <br /> and complete compensation to which Cansultant is entitled. City will not make <br /> any federal or state tax wi�hholdings or� behalf of Consultant or its agents, <br /> employees or subcontractors. City vvill not be required to pay any workers' <br /> compensation insurance or �nemployment cantributions on behalf of Consultant <br /> or its employees ar subcontractors. Cansultant agrees to reimburse City within <br /> thirty (30) days for any tax, retiremant eontributian, social security, overtime I <br /> paym�nt, unemployment payment or workers' compensation payment which City ', <br /> makes on behalf of Consultant or any agent, employee, or subcontractor of ', <br /> Consultant #or work done under this Agreemen�. At the City's elec#ian, City may ', <br /> deduct �he reimbursable amo�nt from any balance owing to Consultant. ' <br /> ATTYlAGR.2012.175ICC7M SM1TH INC. <br /> REV: 11-1-12 VR <br /> Page 2 of 19 <br />