MULLEN & ASSOCIATES, INC. 6 - 2012

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officers, employees, agents, contractors, and volunteer workers, that (a) other such material shall be the property of the City. City agrees that it will not make changes to Engineer's instruments of service, without the prior consent of Engineer. 3. COMPENSATION a. City agrees to pay, and Engineer agrees to accept as total payment for its services, as enumerated in Section 1, a lump sum fee of SIXTEEN THOUSAND DOLLARS ($16,000) payable in proportion to the percentage of work completed. b. Additional services outside the SCOPE OF WORK agreed upon in Section 1, shall not be performed without the authorization of the City. When so authorized, Engineer will provide services and charge for them at the rate: Electrical Engineer $140.00 per hour Project Engineer $125.00 per hour Senior Design Engineer $100.00 per hour Designer $95.00 per hour Draftsman $70.00 per hour Clerical $55.00 per hour Electrical Plan check fees, soil tests, and bid drawing reproduction cost are not included in the additional services fee and will be paid for by City. Electrical design changes resulting from changes to completed drawings and other required services may be supplied at above rates. c. Payment by City shall be made upon completion of work and within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. This Agreement shall commence on the date first written above and terminate upon the completion of work, unless terminated earlier in accordance with Section 12, below. 5. INDEPENDENT CONTRACTOR Engineer shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Engineer performs the services which are the subject matter of this Agreement; however, the services to be provided by Engineer shall be provided in a manner consistent with all applicable standards and regulations governing such services. Engineer shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes.