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REV: 10-11-2021 MI <br />stoppages, or other labor disturbances conducted by, or on behalf of, Contractor’s officers <br />or employees. <br />5. Time is of the Essence. Time is of the essence for each and every provision of <br />this Agreement. <br />6. Compensation. City will pay to Contractor a not-to-exceed amount of Four <br />Hundred Thousand Dollars ($400,000) for the completion of all the work and services <br />described herein, which sum will include all costs or expenses incurred by Contractor, <br />payable as set forth in Exhibit “A”. City will have the authority to withhold a 10% retention <br />until it has accepted all of the Services as complete. <br />6.1 Contractor must submit applications for payment that contain the following: <br />6.1.1. A clear, detailed invoice reflecting Services for which Contractor is billing <br />City; <br />6.1.2. Percentage of Services completed to date; <br />6.1.3. Amount/percent billed to date; <br />6.2. The payment made to Contractor pursuant to the Agreement will be the full <br />and complete compensation to which Contractor is entitled. City will not make any federal <br />or state tax withholdings on behalf of Contractor or its officers, agents, employees, <br />Contractors, or subcontractors (collectively, “Contractor Personnel”). City will not be <br />required to pay any workers' compensation insurance or unemployment contributions on <br />behalf of Contractor or any Contractor Personnel. Contractor agrees to reimburse City <br />within thirty (30) days for any tax, retirement contribution, social security, overtime <br />payment, unemployment payment or workers' compensation payment which City makes <br />on behalf of Contractor or any Contractor Personnel for work done under this Agreement. <br />At the City’s election, City may deduct the reimbursable amount from any balance owing <br />to Contractor. <br />7. Status of Contractor. Contractor will perform the Services as an independent <br />contractor and not as an employee of City. The persons used by Contractor to provide <br />services under this Agreement will not be considered employees of City for any purposes. <br />8. Labor Code Prevailing Wage. To the extent required by law, Contractor will comply <br />with the requirements of the California Labor Code including but not limited to hours of <br />labor, nondiscrimination, payroll records, apprentices, workers’ compensation and <br />prevailing wages. When prevailing wage rules are applicable, the following provisions <br />apply: <br />8.1. No less than the general prevailing rate of per diem wages for holidays and <br />overtime work, for each craft, classification or type of worker needed to execute <br />the Services under this Agreement will be paid to all workers, laborers and <br />ATTY/AGR.2021.259/Pacific Coast Sales & Service, Inc. dba Pacific Coast Trane Service (Page 2 of 13)