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Electrical Plan check fees, soil tests, and bid drawing reproduction costs are not included <br />in the additional services fee and will be paid for by City. The total funds to be expended <br />pursuant to this Agreement shall not exceed $25,000.00 during the term of this Agreement. <br />b. Payment by City shall be made upon completion of work and within thirty (30) days <br />following receipt of proper invoice evidencing work performed, subject to City accounting <br />procedures. Payment need not be made for work which fails to meet the standards of <br />performance set forth in the Recitals which may reasonably be expected by City. <br />4. TERM <br />This Agreement shall commence on the date first written above and terminate on June 30, <br />2013, unless terminated earlier in accordance with Section 12, below. <br />5. INDEPENDENT CONTRACTOR <br />Engineer 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 intended nor <br />shall it be construed to create an employer-employee relationship, a joint venture relationship, or <br />to allow the City to exercise discretion or control over the professional manner in which Engineer <br />performs the services which are the subject matter of this Agreement; however, the services to be <br />provided by Engineer shall be provided in a manner consistent with all applicable standards and <br />regulations governing such services. Engineer shall pay all salaries and wages, employer's social <br />security taxes, unemployment insurance and similar taxes relating to employees and shall be <br />responsible for all applicable withholding taxes. <br />6. INSURANCE <br />Prior to undertaking performance of work under this Agreement, Engineer shall maintain <br />and shall require its subcontractors, if any, to obtain and maintain insurance as described below: <br />a. Commercial General Liability Insurance. Consultant shall maintain commercial <br />general liability insurance which shall include, but not be limited to protection against claims <br />arising from bodily and personal injury, including death resulting therefrom and damage to <br />property, resulting from any act or occurrence arising out of Consultant's operations in the <br />performance of this Agreement, including, without limitation, acts involving vehicles. The <br />amounts of insurance shall be not less than the following: single limit coverage applying to bodily <br />and personal injury, including death resulting therefrom, and property damage, in the total <br />amount of $1,000,000 per occurrence. Such insurance shall be endorsed to (a) name the City, its <br />officers, employees, agents, volunteers and representatives as additional insured(s); (b) be <br />primary and not contributory with respect to insurance or self-insurance programs maintained by <br />the City; and (c) contain standard separation of insureds provisions. <br />b. Business automobile liability insurance, or equivalent form, with a combined single <br />limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for <br />owned, hired and non -owned automobiles. <br />c. Worker's Compensation Insurance. In accordance with the provisions of Section 3700 <br />of the Labor Code, Engineer, if Engineer has any employees, is required to be insured against <br />liability for worker's compensation or to undertake self-insurance. Prior to commencing the <br />