Laserfiche WebLink
3. Method of Payment. <br /> A. Progress Payments. As of the twentieth day of each month, Contractor <br /> may submit for review a request for progress payment, listing the amount <br /> and value of work actually performed during the preceding month, or part <br /> thereof. Upon the City Engineer's review and approval, including <br /> adjustments if any, City shall make a progress payment to the Contractor. <br /> B. 10% Retention. Ten percent (10 of the amount due shall be retained by <br /> the City as a retention. The City shall retain ten percent (10 of the <br /> contract amount for thirty -five (35) days after the Notice of Completion <br /> for the work is recorded. The Contractor may elect to receive 100 percent <br /> of payments due under the contract documents from time to time, without <br /> retention from any portion of the payment by the City, by depositing <br /> securities of equivalent value with the City in accordance with the <br /> provisions of Section 22300 of the California Public Contract Code. Such <br /> securities, if deposited by the Contractor, shall be valued by the City, <br /> whose decision on valuation of the securities shall be final. Securities <br /> eligible for investment under this provision shall be limited to those listed <br /> in Section 16430 of the California Government Code. <br /> C. Time of Payment. Requests submitted promptly as of the 20th day of each <br /> month will be paid by the 10th day of the following month. <br /> 4. Incorporation of Contract Documents. This Contract expressly incorporates all terms and <br /> conditions contained in the Contract Documents. In the event there is any conflict <br /> between this Contract and the Contract Documents, this Contract shall control. <br /> 5. Indemnification. Contractor shall indemnify, save and hold harmless from and <br /> defend the City, members of the City Council and their agents, servants and <br /> employees, against any and all claims, costs, demands, causes of action, suits, losses, <br /> expense or other detriment or liability arising from or out of acts or omissions of <br /> Contractor, its agents, sub contractors, officials or employees, in connection with <br /> the execution of the work covered by this Contract or any amendments thereto. <br /> 6. Certification re: Workers' Compensation. In accordance with Section 1861 of the <br /> California Labor Code, each contractor to whom a public works contract is awarded shall <br /> sign and file with the awarding body the following certification prior to performing the <br /> work of the contract: "I am aware of the provisions of Section 3700 of the Labor Code <br /> which require every employer to be insured against liability for workers' compensation or <br /> to undertake self insurance in accordance with the provisions of that code, and I will <br /> comply with such provisions before commencing the performance of the work of this <br /> contract." <br />