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SECTION 5 - PAYMENT PROCEDURES <br /> Contractor shall submit Applications for Payment in accordance with Article 12 the General <br /> Conditions. Applications for Payment will be processed by the Contract Administrator with approval <br /> by the Project Manager as provided in the General Conditions. <br /> 5.1 Progress Payments. City shall make progress payments on account of the Job Order Price <br /> on the basis of Contractor's Invoices as recommended by Project Manager and Contract <br /> Administrator in accordance with Article 12.1 of the General Conditions. All progress <br /> payments will be on the basis of the progress of the Work as established in the General <br /> Conditions (and in the case of Unit Price Work based on the number of units completed). <br /> 5.2.1 Final Payment: Upon final completion and acceptance of the work in accordance with the <br /> General Conditions, City shall pay the remainder of the Job Order Price as recommended <br /> by Project Manager and Contract Administrator. A Certificate of Completion signed by the <br /> Project Manager is required prior to payment of any final invoice(s). <br /> 5.2.2 As determined by the Project Manager, progress payments shall be made per the Project <br /> Payment Schedule. <br /> 5.2.3 Per RCW 39.10.450, for purposes of chapters 39.08, 39.12, 39.76, and 60.28 RCW, each <br /> Job order issued shall be treated as a separate contract. Contractor will provide the bonds <br /> as set forth in the RFP and in the General Conditions on the forms provided by the City. <br /> SECTION 6 INDEMNIFICATION <br /> The indemnity and defense obligations in this Section 6 are in addition to any other indemnity and <br /> defense obligation elsewhere in the Contract Documents. <br /> A. Contractor will defend and indemnify the City from any and all Claims arising out of, <br /> in connection with, or incident to any acts, errors, omissions, or conduct by Contractor relating to, <br /> or arising out of its performance of, this Contract. The Contractor will defend and indemnify the <br /> City whether a Claim is asserted directly against the City, or whether a Claim is asserted indirectly <br /> against the City, e.g., a Claim is asserted against someone else who then seeks contribution or <br /> indemnity from the City. The amount of insurance obtained by, obtainable by, or required of the <br /> Contractor does not in any way limit the Contractor's duty to defend and indemnify the City. The <br /> City retains the right to approve Claims investigation and counsel assigned to said Claim and all <br /> investigation and legal work regarding said Claim shall be performed under a fiduciary relationship <br /> to the City. <br /> B. The Contractor's obligations under this Section shall not apply to Claims caused by <br /> the sole negligence of the City. If (1) RCW 4.24.115 applies to a particular Claim, and (2) such <br /> Claim is caused by or results from the concurrent negligence of (a) the Contractor, its employees, <br /> subcontractors/subconsultants or agents and (b) the City, then the Contractor's obligations under <br /> this Section 6 shall apply only to the extent allowed by RCW 4.24.115. <br /> C. As used in this section: (1) "City" includes the City's officers, employees, agents, and <br /> representatives; (2) "Claims" include all losses, claims, demands, expenses (including, but not <br /> limited to, attorney's fees and litigation expenses), suits, judgments, or damage, whether <br />