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Section 00 52 13 AGREEMENT FORM 111
<br /> one or more Change Orders signed by the City. The City may, in its sole discretion, withhold I
<br /> amounts from payments otherwise due as offsets or back charges for expenses, damages,
<br /> liquidated damages or costs for which the Contractor is liable for not to exceed 10% of the total
<br /> amount of the contract. If the City chooses not to offset or deduct any such expenses, damages,
<br /> liquidated damages or costs from one or more payments or return of retainage, the City does
<br /> not waive its claim for such damages and hereby expressly reserves its right to assert a claim
<br /> against the Contractor for such damages. I
<br /> 5. Withholding. Five percent (5%) of amounts due Contractor shall be retained and withheld
<br /> to ensure to comply with RCW Chap. 60.28. Retained amounts shall only be released: (A) as
<br /> required by law or (B) sixty (60) days after completion of all contract work if there are no claims 111
<br /> against the retained funds. In addition to the amounts required by RCW 60.28 to be withheld
<br /> from the progress or retained percentage payments to the Contractor, the City may, in its sole
<br /> discretion, withhold any amounts sufficient to pay any claim against the Contractor of which the I
<br /> City may have knowledge and regardless of the informalities of notice of such claim arising out
<br /> 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 I
<br /> is without merit, or satisfies any judgment in favor of the claimant on such claim. The City shall
<br /> not be liable for interest during the period the funds are so held.
<br /> 6. Compliance with Employment and Wage Laws. Contractor agrees to comply with all I
<br /> state and federal laws relating to the employment of labor and wage rates to be paid.
<br /> 7. Disadvantaged Business Enterprises. Contractor shall actively and in good faith solicit I
<br /> the employment of minority group members and bids for the supply of goods or subcontracting
<br /> of services from qualified minority businesses. Contractor shall consider granting contracts to
<br /> possible minority suppliers and subcontractors on the basis of substantially equal proposals in I
<br /> the light most favorable to the minority businesses. Contractor shall furnish evidence of its
<br /> compliance with these requirements. As used in this section, the term "minority business"
<br /> means a business at least fifty-one percent (51%) of which is owned by minority group I
<br /> members. Minority group members include, but are not limited to, African-Americans, Women,
<br /> Native Americans, Asian/Pacific Islander-Americans, and Hispanic-Americans.
<br /> 8. Indemnification. Except as otherwise provided in this section, the Contractor hereby I
<br /> agrees to save, hold harmless, defend, and indemnify the City, its officers, employees and
<br /> agents from any and all loss, claims, demands, suits, damage, or liability of any kind I
<br /> whatsoever, whether or not reduced to judgment or arbitration award, 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.
<br /> Contractor shall pay any judgment that may be obtained against the City, its officers,
<br /> employees, agents or third persons in such suit. The Contractor's obligations under this Section
<br /> 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, I
<br /> damage, or liability, and (2) such loss, claim, demand, suit, damage, or liability is caused by or
<br /> results from the concurrent negligence of(a) the Contractor, its employees,
<br /> subcontractors/subconsultants or agents and (b) the City or its agents or employees, then the
<br /> Contractor's obligations under this Section 8 shall apply only to the extent allowed by RCW
<br /> 4.24.115. The City shall give Contractor reasonable notice of such claim. The City retains the
<br /> right to approve claims investigation and counsel assigned to said claim and all investigation I
<br /> and legal work regarding said claim shall be performed under a fiduciary relationship to the City.
<br /> City of Everett 00 52 13-2 January 2022 I
<br /> Evergreen Pump Station Modifications
<br /> UP3747-3
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