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A. Progress Payments . As of the twentieth day of each month, the 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 . 5% Retention. Five percent (5%) of the amount due shall be retained by <br />the City as retention. The City shall retain five percent (5%) of the <br />contract amount for thirty-five (35) calendar days after the Notice of <br />Completion for the work is recorded. The Contractor may elect to receive <br />100 percent of payments due under the contract documents from time to <br />time , without retention from any portion of the payment by the City, by <br />depositing securities of equivalent value with the City in accordance with <br />the provisions of Section 22300 of the California Public Contract Code . <br />Such 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 . Incomoration of Contract Documents. This Contract expressly incorporates all <br />terms and conditions contained in the Contract Documents. In the event there is <br />any conflict between this Contract and the Contract Documents, this Contract <br />shall control. <br />5. Indemnification. Contractor shall indemnify, save and hold harmless from <br />and defend the City, members of the City Council and their agents, servants <br />and employees, against any and all claims, costs, demands, causes of action, <br />suits, losses, expense or other detriment or liability arising from or out of acts <br />or omissions of Contractor, its agents, sub-contractors, officials or <br />employees, in connection with the execution of the work covered by this <br />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 <br />awarded shall sign and file with the awarding body the following certification <br />prior to performing the work of the contract: "I am aware of the provisions of <br />Section 3 700 of the Labor Code which require every employer to be insured <br />against liability for workers' compensation or to undertake self-insurance in <br />accordance with the provisions of that code , and I will comply with such <br />provisions before commencing the performance of the work of this contract." <br />7 . Department of Industrial Relations: Pursuant to Labor Code section 1771 .1, the <br />Bidder and its Subcontractors must be registered and qualified to perform public <br />work pursuant to section 1725 .5 of the Labor Code , subject to limited legal <br />exceptions. <br />DocuSign Envelope ID: FCF872D7-0EBA-4C32-9641-6C083031D73D