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Orders signed by the City.The City may, in its sole discretion, withhold amounts from payments
<br /> otherwise due as offsets or backcharges for expenses, damages, liquidated damages or costs for which
<br /> the Contractor is liable for not to exceed 10%of the total amount of the contract. If the City chooses not
<br /> to offset or deduct any such expenses, damages, liquidated damages or costs from one or more
<br /> payments or return of retainage, the City does not waive its claim for such damages and hereby
<br /> expressly reserves its right to assert a claim against the Contractor for such damages.
<br /> 4. Withholding. Five percent(5%) of amounts due Contractor shall be retained and withheld to
<br /> ' ensure to comply with RCW Chap. 60.28. Retained amounts shall only be released: (A) as required by
<br /> law or(B) sixty (60) days after completion of all contract work if there are no claims against the retained
<br /> funds. In addition to the amounts required by RCW 60.28 to be withheld from the progress or retained
<br /> ' percentage payments to the Contractor,the City may, in its sole discretion, withhold any amounts
<br /> sufficient to pay any claim against the Contractor of which the City may have knowledge and regardless
<br /> of the informalities of notice of such claim arising out of the performance of this contract.The City may
<br /> ' withhold the amount until either the Contractor secures a written release from the claimant, obtains a
<br /> court decision that such claim is without merit, or satisfies any judgment in favor of the claimant on
<br /> such claim.The City shall not be liable for interest during the period the funds are so held.
<br /> 5. Compliance with Employment and Wage Laws. Contractor agrees to comply with all state and
<br /> federal laws relating to the employment of labor and wage rates to be paid.
<br /> ' 6. Disadvantaged Business Enterprises. Contractor shall actively and in good faith solicit the
<br /> employment of minority group members and bids for the supply of goods or subcontracting of services
<br /> from qualified minority businesses. Contractor shall consider granting contracts to possible minority
<br /> ' suppliers and subcontractors on the basis of substantially equal proposals in the light most favorable to
<br /> the minority businesses. Contractor shall furnish evidence of its compliance with these requirements.As
<br /> used in this section, the term "minority business"means a business at least fifty-one percent (51%) of
<br /> ' which is 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 /> ' 7. Indemnification. Except as otherwise provided in this section,the Contractor hereby agrees to
<br /> save, hold harmless, defend, and indemnify the City, its officers, employees and agents from any and all
<br /> ' loss, claims, demands, suits, damage, or liability of any kind whatsoever, whether or not reduced to
<br /> judgment or arbitration award, in connection with, or arising out of,this Contract, or resulting from
<br /> Contractor's (or its subcontractor's or supplier's) performance of, or failure to perform, its express and
<br /> ' implied obligations under the Contract. Contractor shall pay any judgment that may be obtained against
<br /> the City, its officers, employees, agents or third persons in such suit. The Contractor's obligations under
<br /> this Section 8 shall not apply to loss, claims, demands, suits, damage, or liability caused by the sole
<br /> ' negligence of the City. If(1) RCW 4.24.115 applies to a particular loss, claim, demand, suit, damage, or
<br /> liability, and (2) such loss, claim, demand, suit, damage, or liability is caused by or results from the
<br /> concurrent negligence of(a) the Contractor, its employees, subcontractors/subconsultants or agents
<br /> ' and (b) the City or its agents or employees, then the Contractor's obligations under this Section 8 shall
<br /> apply only to the extent allowed by RCW 4.24.115.The City shall give Contractor reasonable notice of
<br /> such claim.The City retains the right to approve claims investigation and counsel assigned to said claim
<br /> and all investigation and legal work regarding said claim shall be performed under a fiduciary
<br /> relationship to the City.
<br /> ' Rotary Park Renovation 2 •
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