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for a total project estimate of $42,623.90. Special materials and the contingency amount <br />may only be utilized by the Contractor with prior written approval of the Executive <br />Director of the Community Development Agency, or her designee. <br />b. There will be progress payments: the 1st progress payment of $19,654.00 shall <br />be due upon completion, inspection and approval by City for work performed to the north <br />side of the building as set forth in greater detail in Exhibit A. The 2 "d progress payment <br />of $15, 220.10 shall be due upon completion, inspection and approval by City for <br />remaining work performed. The retention amount of $3,874.90 shall be paid thirty (30) <br />days after project completion. Contractor must provide a written invoice along with an <br />unconditional lien release for such payment to be issued. <br />c. Payment by City shall be made within thirty (30) days following receipt of <br />proper invoice evidencing work performed, subject to City accounting procedures. <br />Payment need not be made for work which fails to meet the standards of performance of <br />a construction professional. <br />3. TERM <br />This Agreement shall commence on the date first written above and terminate on <br />December 31, 2014, unless terminated earlier in accordance with Section 12, below. The <br />Term of this Agreement may be extended for good cause by a writing executed by the <br />City Manager and the City Attorney. <br />4. 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 intended <br />nor shall it be construed to create an employer - employee relationship, a joint venture <br />relationship, or to allow the City to exercise discretion or control over the professional <br />manner in which Contractor performs the services which are the subject matter of this <br />Agreement; however, the services to be provided by Contractor shall be provided in a <br />manner consistent with all applicable standards and regulations governing such services. <br />Contractor shall pay all salaries and wages, employer's social security taxes, unemployment <br />insurance and similar taxes relating to employees and shall be responsible for all applicable <br />withholding taxes. <br />5. 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 <br />commercial general liability insurance which shall include, but not be limited to <br />protection against claims arising from bodily and personal injury, including death <br />