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2 <br /> <br />during the preceding month, or partial thereof. Upon the City’s review and approval, <br />including adjustments if any, City shall make a progress payment to the Contractor. <br /> <br />b. Retention Payment. Five percent (5%) of the amount due shall be retained by the City as a <br />retention. The City shall retain five percent (5%) of the contract amount for thirty-five (35) <br />days after the Notice of Completion for the work is recorded. The Contractor may elect to <br />receive 100 percent of payments due under the agreement from time to time, without retention <br />from any portion of the payment by the City, by depositing securities of equivalent value with <br />the City in accordance with the provisions of Section 22300 of the California Public Contract <br />Code. Such securities, if deposited by the Contractor, shall be valued by the City, whose <br />decision on valuation of the securities shall be final. Securities eligible for investment under <br />this provision shall be limited to those listed in Section 16430 of the California Government <br />Code. <br /> <br />c. Time of Payment. Requests submitted promptly as of the 20th day of each month will be paid <br />by the 10th day of the following month. <br /> <br />5. Indemnification. Contractor shall hold harmless, defend, and indemnify the City, its <br />officers, agents and employees (“Indemnitees”), against any and all claims, costs, demands, causes <br />of action, suits, losses, expenses, attorney’s fees, or liability, arising from or in any manner related <br />to Contractor’s (includes Contractor’s employees, agents, or subcontractors) negligent act or <br />omission, whether alleged or actual, regarding the work performed or caused to be performed <br />pursuant to this Agreement and any amendments thereto. Contractor shall not, however, be <br />obligated to indemnify Indemnitees from Claims arising from the sole negligence or willful <br />misconduct of Indemnitees. This indemnification includes any claim that the materials or <br />equipment provided under this Agreement, or any tool, article or process used, constitutes an <br />infringement of any patent issued by the United States. This indemnification provision shall <br />survive termination or cancellation of the Agreement. <br /> <br />6. Insurance. During the term of this Agreement, Contractor shall maintain at its own cost and <br />expense the following insurance coverage with insurers with an A.M. Best’s rating of no less than A: VII. <br />Contractor shall have the obligation to furnish City, as additional insured, the minimum coverages <br />identified below, or such greater or broader coverage for City, if available in the Contractor’s policies. <br /> <br />a. Commercial General Liability Insurance. Commercial general liability <br />insurance at least as broad as Insurance Services Office (ISO) CG 00 01 for limits of at least <br />$2,000,000 per occurrence, $4,000,000 general aggregate, and $2,000,000 products and <br />complete operation aggregate for bodily injury and property damage. The policy shall include <br />a per project or per location general aggregate endorsement. If a per project/location <br />endorsement is not available, the limit for the general aggregate shall be doubled. The policy <br />shall provide that the City, its officers, employees, volunteers and agents are named <br />additional insureds as evidenced by an additional insured using ISO form CG 20 10 (or <br />equivalent) for ongoing operations and satisfactory to the City Attorney. The policy shall <br />allow and be endorsed primary insurance for work performed by Contractor and its <br />subcontractors, and that no other insurance or self-insurance effected by City or other <br />additional insured will be called on to contribute to or cover a loss thereunder. Coverage shall <br />provide and be endorsed to include a waiver of subrogation in favor of the City and its <br />Docusign Envelope ID: 42D0FC2F-328E-8A96-8129-04A8EA2105A0