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2. Compensation. The City shall pay the Contractor for work actually performed at the unit <br />prices set out in the Contractor's proposal to the City. The quantities of work stated <br />therein are estimates only; actual quantities will be measured for payment in accordance <br />with the specifications. <br />3. Method of Payment. <br />A. Pro egr ss 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 />