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2. <br />3. <br />Compensation. The City shall pay the Contractor for work actually performed at <br />the unit prices set out in the Contractor's proposal to the City as set forth in <br />Exhibit A of this agreement and incorporated herein . The quantities of work <br />stated therein are estimates only; actual quantities will be measured for payment <br />in accordance with the specifications. <br />Method of Payment. <br />A. Progress Payments. As of the twentieth day of each month , the <br />Contractor may submit for review a request for progress payment, <br />listing the amount and value of work actually performed during the <br />preceding month, or part thereof. Upon the City Engineer's review <br />and approval, including adjustments if any , City shall make a <br />progress payment to the Contractor. <br />B. 5% Retention. Five percent (5%) of the amount due shall be <br />retained by the City as retention. The City shall retain five percent <br />(5%) of the contract amount for thirty-five (35) days after the <br />Notice of Completion for the work is recorded. The Contractor <br />may elect to receive 100 percent of payments due under the <br />contract documents from time to time , without retention from any <br />portion of the payment by the City , by depositing securities of <br />equivalent value with the City in accordance with the provisions of <br />Section 22300 of the California Public Contract Code. Such <br />securities, if deposited by the Contractor, shall be valued by the <br />City , whose decision on valuation of the securities shall be final. <br />Securities eligible for investment under this provision shall be <br />limited to those listed in Section 16430 of the California <br />Government Code. <br />C. Time of Payment. Requests submitted promptly as of the 20th day <br />of each month will be paid by the 10th day of the following month. <br />4. Incorporation 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, Pleasanton's Unified <br />School District, and their agents, servants and employees, against any and all <br />claims, costs, demands, causes of action, suits, losses, expense or other <br />detriment or liability arising from or out of acts or omissions of Contractor, <br />its agents, sub-contractors, officials or employees, in connection with the <br />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 <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 />DocuSign Envelope ID: DA631F0B-3C25-4585-9688-3F2684907C15