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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. The City may, in its sole
<br /> discretion, withhold amounts from payments otherwise due as offsets or backcharges for expenses,
<br /> damages, or costs for which the Contractor is liable. If the City chooses not to offset or deduct any
<br /> such expenses, damages, or costs from one or more payments or return of retainage, the City does not
<br /> waive its claim for such damages and hereby expressly reserves its right to assert a claim against the
<br /> Contractor for such damages.
<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, and to provide a source of funds
<br /> for liquidated or other damages. Except for a continuing retention of five percent (5%) of monies
<br /> earned for fence installation, retained amounts shall only be released: (A) as required by law or(B)
<br /> sixty (60) days after completion of all contract work if: (1)there are no claims against the retained
<br /> funds, (2)the Contractor satisfied test requirements, and (3) the Contractor faithfully,timely and
<br /> completely performed the Contract. In addition to the amounts required by RCW 60.28 to be withheld
<br /> from the progress or retained percentage payments to the Contractor, the City may, in its sole
<br /> discretion, withhold any amounts sufficient to pay any claim against the Contractor of which the City
<br /> may have knowledge and regardless of the informalities of notice of such claim arising out of the
<br /> performance of this contract. The City may withhold the amount until either the Contractor secures a
<br /> written release from the claimant, obtains a court decision that such claim is without merit, or satisfies
<br /> any judgment in favor of the claimant on such claim. The City shall not be liable for interest during the
<br /> 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
<br /> quotes for the supply of goods or subcontracting of services from qualified minority businesses.
<br /> Contractor shall consider granting contracts to possible minority suppliers and subcontractors on the
<br /> basis of substantially equal proposals in the light most favorable to the minority businesses. Contractor
<br /> shall furnish evidence of its compliance with these requirements. As used in this section, the term
<br /> "minority business" means a business at least fifty-one percent (51%) of which is owned by minority
<br /> group members. Minority group members include, but are not limited to, African-Americans, Women,
<br /> Native 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
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