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C. Extra Work. No additional work of any kind shall be considered an extra unless <br />a separate estimate is given for said work and the estimate is approved by the City in <br />writing before the work is commenced. The Contractor will be required to provide <br />detailed information of such extra work. Documentation of contract compliance may be <br />required at City's request. Work performed prior to obtaining written approval of the City <br />shall not be included within the Scope of Work and may not be paid. <br />D. Payment by City shall be made within sixty (60) days following receipt of <br />payment from investor owned utility financing, subject to City accounting procedures. <br />Payment need not be made for work which fails to meet the standards of performance <br />set forth in the Recitals which may reasonably be expected by City. <br />III.TERM <br />This Agreement shall commence on the date first written above. The Contractor shall <br />deliver and install all items under this contract within a period of one hundred forty (140) <br />days after City notice to proceed, unless terminated earlier in accordance with Section <br />XII. <br />IV.INDEPENDENT CONTRACTOR <br />Contractor shall, during the entire term of this Agreement, be construed to be an <br />independent contractor and not an employee of the City. This Agreement is not <br />intended nor shall be construed to create an employer-employee relationship, a joint <br />venture relationship, or to allow City to exercise discretion or control over the manner in <br />which Contractor performs services. However, the services to be provided by Contractor <br />shall be provided in a manner consistent with all applicable standards and regulations <br />governing such services. Contractor shall pay all salaries and wages, employer's Social <br />Security taxes, unemployment insurance and similar taxes relating to employees and <br />shall be responsible for all applicable withholding taxes. <br />V.INSURANCE <br />Prior to undertaking performance of work under this Agreement, contractor shall <br />maintain and shall require its subcontractors, if any, to obtain and maintain insurance as <br />described below: <br />A. Commercial General Liability Insurance. Contractor shall maintain commercial <br />general liability insurance which shall include, but not be limited to protection against <br />claims arising from bodily and personal injury, including death resulting there from and <br />damage to property, resulting from any act or occurrence arising out of contractor's <br />operations in the performance of this agreement, including, without limitation, acts <br />involving vehicles. The amounts of insurance shall be not less than the following: single <br />limit coverage applying to bodily and personal injury, including death resulting therefrom, <br />and property damage, in the total amount of One Million Dollars ($1,000,000) per <br />occurrence. Such insurance shall (a) name the City, its officers, employees, agents, <br />volunteers, and representatives as additional insured(s); (b) be primary and not <br />contributory with respect to insurance or self-insurance programs maintained by the City; <br />and (c) contain standard separation of insureds provisions.