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3.5 Standard of Performance. Contractor shall perform all Work under this Contract in a skillful and warkmanlike manner, and consistent with the standazds generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Work. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Work assigned to them. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals that aze legally required to perform the Work, and that such licenses and approvals shall be maintained throughout the term of this Contract. Any employee who is determined by the Owner, only upon reasonable cause which will be provided to Contractor in writing, to be uncooperative, incompetent, a threat to the safety of persons or the Work, or any employee who fails or refuses to perform the Work in a manner in accordance with the terms of this Contract, shall be promptly removed from the Project by the Contractor and shall not be re-deployed on the Work. 3.6 Control and Pavment of Subordinates• Contractual Relationshin. Owner retains Contractor on an independent contractor basis and Contractor is not an employee of Owner. Any additional personnel performing the work governed by this Contract on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance under this Contract and as required by applicable law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers' compensation insurance. 3.7 Owner's Basic Obli ag tion. Except as may be more fully described in Exhibits to this Contract, Owner agrees to engage and does hereby engage Contractor as an independent contractar to fiunish all materials and to perform all Work according to the terms and conditions herein contained for the sum set forth in Exhibit C, Price Schedule. Except as otherwise provided in the Contract, the Owner shall pay to Contractor, as full consideration for the satisfactory performance by the Contractor of the services and obligations required by this Contract, the aforementioned compensation in accordance with compensation provisions set forth in this Contract. 3.8 Comnensation and Pavment. 3.8.1 Amount of Compensation. As consideration for performance of the Work required herein, Owner agrees to pay Contractor the total not-to-exceed price ("Total Contract Price") as set forth in Exhibit "C," provided that such amount may be subject to adjustment pursuant to the applicable terms of this Contract or written change orders mutually agreed upon, approved and signed in advance by the Owner and Contractor. The Total Contract Price shall include, without limitation, any and all permits, earthquake calculations,-�ces and licensing fees as may be applicable. City of Colton/USFiltedlonpure Page 3 of U Contract for Design-Build, Reclamation of Aquifer Supply Project Rev. 052903 Final ��f�� ` �-