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In lieu of a performance or payment bond, the City shall retain ten percent (10%) of the contract
<br /> amount for a period of thirty days after date of final acceptance, or, if applicable, until receipt of
<br /> all necessary releases from the department of revenue, the employment security department,
<br /> and the department of labor and industries and settlement of any liens filed under chapter 60.28
<br /> RCW, whichever is later.
<br /> 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 Chap. 60.28, and to provide a source
<br /> of funds for liquidated or other damages. Except for a continuing retention of five percent (5%)
<br /> of moneys earned for landscaping, 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
<br /> the retained funds, (2) the Contractor satisfied test requirements, and (3) the Contractor
<br /> faithfully, timely and completely performed the Contract. In addition to the amounts required by
<br /> RCW 60.28 to be withheld from the progress or retained percentage payments to the Contractor,
<br /> the City may, in its sole discretion, withhold any amounts sufficient to pay any claim against the
<br /> Contractor of which the City may have knowledge and regardless of the informalities of notice
<br /> of such claim arising out of the performance of this contract. The City may withhold the amount
<br /> until either the Contractor secures a written release from the claimant, obtains a court decision
<br /> that such claim is without merit, or satisfies any judgment in favor of the claimant on such claim.
<br /> The City shall not 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 /> Except as otherwise provided in this section, the Contractor hereby agrees to save, hold
<br /> harmless, and indemnify the City, its officers, employees and agents from any and all loss,
<br /> 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
<br /> from Contractor's (or its subcontractor's or supplier'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,
<br /> its 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 ROW 4.24.115.
<br /> Contractor hereby agrees to defend the City, its officers, employees and agents from any and
<br /> all loss, claims, demands suits, damage, or liability of any kind whatsoever, in connection with,
<br /> or 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.
<br /> The City shall give Contractor reasonable notice of such claim. The City retains the right to
<br /> approve claims investigation and counsel assigned to said claim and all investigation and legal
<br /> work product regarding said claim shall be performed under a fiduciary relationship to the City.
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