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I <br /> City of Everett 00 52 13 - 2 <br /> payment will be the actual amount of work performed according to the Contract <br /> Documents and payments, whether partial or final, shall be made as specified therein. <br /> If, and to the extent, payment (in whole or in part) is based upon unit prices multiplied by <br /> quantities of work actually performed, the total amount paid to the Contractor may be <br /> less than Contract Sum stated herein and the Contractor agrees to execute one or more <br /> change orders in such event. In no event shall the total amount paid Contractor exceed <br /> the Contract Sum stated herein, unless the Contract amount has first been increased by <br /> one or more Change Orders signed by the City. The City may, in its sole discretion, <br /> withhold amounts from payments otherwise due as offsets or back charges for <br /> expenses, damages, liquidated damages or costs for which the Contractor is liable for <br /> not to exceed 10% of the total amount of the contract. If the City chooses not to offset or <br /> 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 <br /> hereby expressly reserves its right to assert a claim against the Contractor for such <br /> damages. <br /> 5. Withholding. Five percent (5%) of amounts due Contractor shall be retained and <br /> withheld to comply with RCW Chap. 60.28. Retained amounts shall only be released: <br /> (A) as required by law or (B) sixty (60) days after completion of all contract work if there <br /> are no claims against the retained funds. In addition to the amounts required by RCW <br /> 60.28 to be withheld from the progress or retained percentage payments to the <br /> Contractor, the City may, in its sole discretion, withhold any amounts sufficient to pay <br /> 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 <br /> Contract. The City may withhold the amount until either the Contractor secures a <br /> written release from the claimant, obtains a court decision that such claim is without <br /> merit, or satisfies any judgment in favor of the claimant on such claim. The City shall111 <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 , <br /> all 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 <br /> solicit the employment of minority group members and bids for the supply of goods or <br /> subcontracting of services from qualified minority businesses. Contractor shall consider <br /> granting contracts to possible minority suppliers and subcontractors on the basis of <br /> substantially equal proposals in the light most favorable to the minority businesses. <br /> Contractor shall furnish evidence of its compliance with these requirements. As used in <br /> this section, the term "minority business" means a business at least fifty-one percent <br /> (51%) of which is owned by minority group members. Minority group members include, <br /> but are not limited to, African-Americans, Women, Native Americans, Asian/Pacific <br /> Islander-Americans, and Hispanic-Americans. i <br /> 8. Indemnification. <br /> A. Contractor will defend, indemnify and hold harmless the City from any and all Claims <br /> arising out or relating to any acts, errors, omissions, or conduct by Contractor in <br /> 00 52 13 - 2 AGREEMENT FORM <br />