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4. Compensation. The basis for payment to the Contractor will be the actual amount of <br /> Work performed according to the Contract Documents and payments,whether partial or final, shall be <br /> made as specified therein. Although the City will pay the Contractor for all Work completed in <br /> accordance with the Contract,this Contract guarantees no specific amount of Work, as the amount of <br /> Work under this Contract is dependent on the City issuance of work orders,which is at the City's sole <br /> discretion. In no event shall the total amount paid Contractor exceed the amounts calculated by the <br /> unit prices in Form 3.02 (or as such unit prices may be adjusted elsewhere in the Contract Documents) <br /> for completed Work. The City may, in its sole discretion,withhold amounts from payments otherwise <br /> due as offsets or back charges for expenses,damages, liquidated damages or costs for which the <br /> Contractor is liable for not to exceed 10%of the total amount of the contract. If the City chooses not to <br /> offset or deduct any such expenses, damages, liquidated damages or costs from one or more payments <br /> or return of retainage,the City does not waive its claim for such damages and hereby expressly <br /> reserves its right to assert a claim against the Contractor for such damages. <br /> 5. Withholding. Five percent(5%)of amounts due Contractor shall be retained and <br /> withheld to ensure to comply with RCW Chapter 60.28. Retained amounts shall only be released: (A) <br /> as required by law or(B)sixty(60) days after completion of all contract work if there are no claims <br /> against the retained funds. In addition to the amounts required by RCW 60.28 to be withheld from the <br /> progress or retained percentage payments to the Contractor,the City may, in its sole discretion, <br /> withhold any amounts sufficient to pay any claim against the Contractor of which the City may have <br /> knowledge and regardless of the informalities of notice of such claim arising out of the performance of <br /> this contract. The City may withhold the amount until either the Contractor secures a written release <br /> from the claimant,obtains a court decision that such claim is without merit,or satisfies any judgment <br /> in favor of the claimant on such claim. The City shall not be liable for interest during the period the <br /> funds are so held. <br /> 6. Compliance with Employment and Wage Laws. Contractor agrees to comply with all <br /> state and federal laws relating to the employment of labor and wage rates to be paid. <br /> 7. Disadvantaged Business Enterprises.Contractor agrees that the contractor shall actively <br /> solicit the employment of minority group members. Contractor further agrees that the contractor shall <br /> actively solicit bids for the subcontracting of goods or services from qualified minority businesses. <br /> Contractor shall furnish evidence of the Contractor's compliance with these requirements of minority <br /> employment and solicitation. Contractor further agrees to consider the grant of subcontracts to said <br /> minority bidders on the basis of substantially equal proposals in the light most favorable to said <br /> minority businesses.The Contractor shall be required to submit evidence of compliance with this <br /> section as part of the bid.As used in this section,the term "minority business" means a business at <br /> least fifty-one percent(51%)of which is owned by minority group members. Minority group members <br /> include, but are not limited to, African-Americans,Women, Native Americans, Asian/Pacific Islander- <br /> Americans, and Hispanic-Americans. <br /> 8. Indemnification. Except as otherwise provided in this section,the Contractor <br /> hereby agrees to save, hold harmless,defend, and indemnify the City, its officers,employees and <br />