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CITY OF EVERETT SPECIAL PROVISIONS <br /> LIQUIDATED DAMAGES SHALL BE ASSESSED AT THE RATE OF TEN PERCENT (10%) <br /> OF THE AMOUNT COMPUTED IN SECTION 1-08.9 OF THE STANDARD <br /> SPECIFICATIONS UNTIL THE WORK IS PHYSICALLY COMPLETE. I <br /> 4. CONTRACT AMOUNT. THE AMOUNT OF THIS CONTRACT I <br /> ($ is L_141 50 )AND IS BASED <br /> ON THE PROPOSAL/BID SUBMITTED BY CONTRACTOR DATED -a3-,�J,).1 <br /> THE BASIS FOR FINAL PAYMENT WILL BE THE ACTUAL AMOUNT OF WORK <br /> PERFORMED ACCORDING TO THE CONTRACT DOCUMENTS AND PAYMENTS, <br /> WHETHER PARTIAL OR FINAL, SHALL BE MADE AS SPECIFIED THEREIN. <br /> 5. WITHHOLDING. FIVE PERCENT (5%) OF AMOUNTS DUE CONTRACTOR SHALL BE RETAINED <br /> AND WITHHELD TO ENSURE THE TIMELY AND FAITHFUL COMPLETION OF THE <br /> WORK AND TO COMPLY WITH RCW CHAP. 60.28. RELEASES OF RETAINED <br /> AMOUNTS SHALL BE GOVERNED BY RCW 60.28.011. RETAINED AMOUNTS SHALL <br /> BE RELEASED 60 DAYS AFTER COMPLETION OF ALL CONTRACT WORK. IN CASES <br /> WHERE ALL CONTRACT WORK OTHER THAN LANDSCAPING IS COMPLETED, <br /> RETAINED AMOUNTS OTHER THAN THE FIVE PERCENT EARNED FOR <br /> LANDSCAPING, SHALL BE RELEASED WITHIN 60 DAYS OF COMPLETION. WITHIN 30 <br /> DAYS OF ACCEPTING A BOND, THE BONDED PORTION OF THE RETAINED FUNDS <br /> SHALL BE RELEASED. <br /> 6. COMPLIANCE WITH EMPLOYMENT AND WAGE LAWS. CONTRACTOR AGREES TO COMPLY <br /> WITH ALL STATE AND FEDERAL LAWS RELATING TO THE EMPLOYMENT OF LABOR <br /> AND WAGE RATES TO BE PAID. <br /> 7. INDEMNIFICATION. <br /> A. CONTRACTOR WILL DEFEND AND INDEMNIFY THE CITY FROM ANY AND ALL CLAIMS ARISING <br /> OUT OF, IN CONNECTION WITH, OR INCIDENT TO ANY ACTS, ERRORS, OMISSIONS, <br /> OR CONDUCT BY CONTRACTOR RELATING TO, OR ARISING OUT OF ITS <br /> PERFORMANCE OF, THIS CONTRACT. THE CONTRACTOR WILL DEFEND AND <br /> INDEMNIFY THE CITY WHETHER A CLAIM IS ASSERTED DIRECTLY AGAINST THE <br /> CITY, OR WHETHER A CLAIM IS ASSERTED INDIRECTLY AGAINST THE CITY, E.G., A <br /> CLAIM IS ASSERTED AGAINST SOMEONE ELSE WHO THEN SEEKS CONTRIBUTION <br /> OR INDEMNITY FROM THE CITY. THE AMOUNT OF INSURANCE OBTAINED BY, <br /> OBTAINABLE BY, OR REQUIRED OF THE CONTRACTOR DOES NOT IN ANY WAY <br /> LIMIT THE CONTRACTOR'S DUTY TO DEFEND AND INDEMNIFY THE CITY. THE CITY <br /> RETAINS THE RIGHT TO APPROVE CLAIMS INVESTIGATION AND COUNSEL <br /> ASSIGNED TO SAID CLAIM AND ALL INVESTIGATION AND LEGAL WORK REGARDING <br /> SAID CLAIM SHALL BE PERFORMED UNDER A FIDUCIARY RELATIONSHIP TO THE <br /> CITY. <br /> B. THE CONTRACTOR'S OBLIGATIONS UNDER THIS SECTION 7 SHALL NOT APPLY TO CLAIMS <br /> CAUSED BY THE SOLE NEGLIGENCE OF THE CITY. IF (1) RCW 4.24.115 APPLIES TO <br /> A PARTICULAR CLAIM, AND (2) SUCH CLAIM IS CAUSED BY OR RESULTS FROM THE <br /> CONCURRENT NEGLIGENCE OF (A)THE CONTRACTOR, ITS EMPLOYEES, <br /> SUBCONTRACTORS/SUBCONSULTANTS OR AGENTS AND (B)THE CITY, THEN THE <br /> CONTRACTOR'S OBLIGATIONS UNDER THIS SECTION 7 SHALL APPLY ONLY TO THE <br /> EXTENT ALLOWED BY RCW 4.24.115. <br /> C. AS USED IN THIS SECTION: (1) "CITY" INCLUDES THE CITY'S OFFICERS, EMPLOYEES, AGENTS, <br /> AND REPRESENTATIVES; (2) "CLAIMS" INCLUDE ALL LOSSES, CLAIMS, DEMANDS, <br /> EXPENSES (INCLUDING, BUT NOT LIMITED TO, ATTORNEY'S FEES AND LITIGATION <br /> EXPENSES), SUITS, JUDGMENTS, OR DAMAGE, WHETHER THREATENED, <br /> ASSERTED OR FILED AGAINST THE CITY, WHETHER SUCH CLAIMS SOUND IN TORT, <br /> CONTRACT, OR ANY OTHER LEGAL THEORY, WHETHER SUCH CLAIMS HAVE BEEN <br /> SEI to SRI Intertie, SRO8 Rehab Division C-CONTRACT WO No.—UP3714 <br /> SP-32 <br /> 1 <br />