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Five percent (5%) of amounts due Contractor shall be retained and withheld to ensure the timely
<br /> and faithful completion of the work, to comply with RCW Chapter 60.28. and to provide a source of
<br /> funds for liquidated damages. Except for a continuing retention of five percent (5%) of monies
<br /> earned for Sidewalk Improvements, retained amounts shall only be released: (A) as required by
<br /> law or(B)sixty (60) days after completion of all contract work if: (1)there are no claims against the
<br /> retained funds, (2) the Contractor satisfied test requirements, and (3) the Contractor faithfully,
<br /> timely and completely performed the Contract. In addition to the amounts required by RCW 60.28
<br /> to be withheld from the progress or retained percentage payments to the Contractor,the City
<br /> may, in its sole discretion, withhold any amounts sufficient to pay any claim against the Contractor
<br /> of which the City may have knowledge and regardless of the informalities of notice of such claim
<br /> arising out of the performance of this contract. The City may withhold the amount until either the
<br /> Contractor secures a written release from the claimant, obtains a court decision that such claim is
<br /> without merit, or satisfies any judgment in favor of the claimant on such claim. The City shall not
<br /> 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
<br /> and 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
<br /> the basis of substantially equal proposals in the light most favorable to the minority businesses.
<br /> Contractor shall furnish evidence of its compliance with these requirements. As used in this
<br /> section,the term "minority business" means a business at least fifty-one percent (51%) of which is
<br /> owned by minority group members. Minority group members include, but are not limited to,
<br /> African-Americans, Women, Native Americans,Asian/Pacific Islander-Americans, and Hispanic
<br /> Americans.
<br /> Except as otherwise provided in this section,the Contractor hereby agrees to save, hold harmless,
<br /> and indemnify the City, its officers, employees and agents from any and all loss, claims, demands,
<br /> suits, damage, or liability of any kind whatsoever,whether or not reduced to judgment or
<br /> arbitration award, in connection with, or arising out of, this Contract, or resulting from
<br /> Contractor's (or its subcontractor's or Contractor's) performance of, or failure to perform, its
<br /> express and implied obligations under the Contract. Contractor shall pay any judgment that may
<br /> be obtained against the City, its officers, employees, agents or third persons in such suit. The
<br /> Contractor's obligations under this paragraph shall not apply to loss, claims, demands, suits,
<br /> damage, or liability caused by the sole negligence of the City. If(1) RCW 4.24.115 applies to a
<br /> particular loss, claim, demand, suit, damage, or liability, and (2) such loss, claim, demand, suit,
<br /> damage, or liability 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 paragraph shall apply only to the extent allowed by RCW 4.24.115.
<br /> Contractor hereby agrees to defend the City, its officers, employees and agents from any and all
<br /> loss, claims, demands suits, damage, or liability of any kind whatsoever, in connection with,or
<br /> arising out of,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. The
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