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<br /> 4. Contract Amount. The amount of this Contract is
<br /> ($ '3154D)aH 1,5o ) and is based on the
<br /> proposal/bid submitted by Contractor dated 3 as- )�.-� o . The basis for final payment
<br /> will be the actual amount of work performed according to the Contract Documents and
<br /> payments, whether partial or final, shall be made as specified therein.
<br /> 5. Withholding. Except as provided by RCW 6O.28.O11(1)(b), five percent (5%) of amounts
<br /> due Contractor shall be retained and withheld to ensure the timely and faithful completion of the
<br /> work and to comply with RCW Chap. 60.28. Releases of retained amounts shall be governed
<br /> by RCW 60.28.011. Retained amounts shall be released 60 days after completion of all
<br /> contract work. In cases where all contract work other than landscaping is completed, retained
<br /> amounts other than the five percent earned for landscaping, shall be released within 60 days of
<br /> completion. Within 30 days of accepting a bond, the bonded portion of the retained funds shall
<br /> be released.
<br /> 6. Compliance with Employment and Wage Laws. Contractor comply a rees towit
<br /> h all state
<br /> and federal laws relating to the employment of labor and wage rates to be paid.
<br /> 7. Indemnification.
<br /> A. Contractor will defend and indemnify the City from any and all Claims arising out of, in
<br /> 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
<br /> indirectly against the City, e.g., a Claim is asserted against someone else who then seeks
<br /> contribution or indemnity from the City. The amount of insurance obtained by, obtainable by, or
<br /> required of the Contractor does not in any way limit the Contractor's duty to defend and
<br /> indemnify the City. The City retains the right to approve Claims investigation and counsel
<br /> assigned to said Claim and all investigation and legal work regarding said Claim shall be
<br /> performed under a fiduciary relationship to the City.
<br /> B. The Contractor's obligations under this Section 7 shall not apply to Claims caused by the 111
<br /> 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
<br /> employees, subcontractors/subconsultants or agents and (b) the City, then the Contractor's
<br /> obligations under this Section 7 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 /> threatened, asserted or filed against the City, whether such Claims sound in tort, contract, or
<br /> any other legal theory, whether such Claims have been reduced to judgment or arbitration
<br /> award, irrespective of the type of relief sought or demanded (such as money or injunctive relief),
<br /> and irrespective of the type of damage alleged (such as bodily injury, damage to property,
<br /> economic loss, general damages, special damages, or punitive damages); and (3) "Contractor"
<br /> includes Contractor, its employees, agents, representatives and subcontractors. If, and to the
<br /> extent, Contractor employs or engages subcontractors, then Contractor shall ensure that each
<br /> such subcontractor (and subsequent tiers of subcontractors) shall expressly agree to defend
<br /> and indemnify the City to the extent and on the same terms and conditions as the Contractor
<br /> pursuant to this section.
<br /> 8. Insurance. The Contractor shall purchase and maintain such insurance as will protect it '
<br /> from any and all claims, suits, demands, damages, or liability arising out of, or in connection
<br /> with, this Contract, or resulting from Contractor's (or its subcontractor's or supplier's)
<br /> performance of, or failure to perform, its express and implied obligations under the Contract,
<br /> including, but not limited to such claims as may arise out of or result from the Contractor's
<br /> 2020 PAVEMENT MAINTENANCE OVERLAY PAGE 2 OF 6 CONTRACT
<br /> WORK ORDER 3727 February 20,2020
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