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<br /> and the Contractor agrees to execute one or more change orders in such event. In no event shall the
<br /> total amount paid Contractor exceed the Contract amount stated herein, unless the Contract amount
<br /> has first been increased by one or more Change Orders signed by the City.
<br /> Five percent (5%) of amounts due Contractor shall be retained and withheld to ensure the timely and
<br /> faithful completion of the work, to comply with RCW Chapter 60.28. Except for a continuing retention
<br /> of five percent (5%) of monies earned for#2020-038, 2020 Pavement Marking, retained amounts shall
<br /> only be released: (A) as required by law or (B) sixty (60) days after completion of all contract work if:
<br /> (1) there are no claims against the retained funds, (2) the Contractor satisfied test requirements, and
<br /> (3) the Contractor faithfully, timely and completely performed the Contract. In addition to the
<br /> amounts required by RCW 60.28 to be withheld from the progress or retained percentage payments to
<br /> the Contractor, the City may, in its sole discretion, withhold any amounts sufficient to pay any claim
<br /> against the Contractor of which the City may have knowledge and regardless of the informalities of
<br /> notice of such claim arising out of the performance of this contract. The City may withhold the amount
<br /> until either the Contractor secures a written release from the claimant, obtains a court decision that
<br /> such claim is without merit, or satisfies any judgment in favor of the claimant on such claim. The City
<br /> shall not be liable for interest during the period the funds are so held.
<br /> Contractor agrees to comply with all state and federal laws relating to the employment of labor and
<br /> wage rates to be paid.
<br /> Contractor shall actively and in good faith solicit the employment of minority group members and bid
<br /> for the supply of goods or subcontracting of services from qualified minority businesses. Contractor
<br /> shall consider granting contracts to possible minority suppliers and subcontractors on the basis of
<br /> substantially equal proposals in the light most favorable to the minority businesses. Contractor shall
<br /> furnish evidence of its compliance with these requirements. As used in this section, the term "minority
<br /> business" means a business at least fifty-one percent (51%) of which is owned by minority group
<br /> members. Minority group members include, but are not limited to, African-Americans, Women, Native
<br /> Americans, Asian/Pacific Islander-Americans, and Hispanic Americans.
<br /> Except as otherwise provided in this section, the Contractor hereby agrees to save, hold harmless, and
<br /> indemnify the City, its officers, employees and agents from any and all loss, claims, demands, suits,
<br /> damage, or liability of any kind whatsoever, whether or not reduced to judgment or arbitration award,
<br /> in connection with, or arising out of, this Contract, or resulting from Contractor's (or its subcontractor's
<br /> or Contractor's) performance of, or failure to perform, its express and implied obligations under the
<br /> Contract. Contractor shall pay any judgment that may be obtained against the City, its officers,
<br /> employees, agents or third persons in such suit. The Contractor's obligations under this paragraph
<br /> shall not apply to loss, claims, demands, suits, damage, or liability caused by the sole negligence of the
<br /> City. If(1) RCW 4.24.115 applies to a particular loss, claim, demand, suit, damage, or liability, and (2)
<br /> such loss, claim, demand, suit, damage, or liability is caused by or results from the concurrent
<br /> negligence of (a) the Contractor, its employees, subcontractors/subconsultants or agents and (b) the
<br /> City, then the Contractor's obligations under this paragraph shall apply only to the extent allowed by
<br /> RCW 4.24.115.
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