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I <br /> City of Everett 00 52 13 - 2 <br /> Water Filter Plant Emergency Generator Replacement WO# 3587 ' <br /> 4. Contract Sum. The Contract Sum of this Contract is: <br /> LI/ ci 3 OW. 00 <br /> + WA Sales Tax (as applicable) 3 0‘) <br /> Contract Sum 4?71-1 C1 L , 00 <br /> This is based on the proposal/bid submitted by Contractor dated 6 •'2k- 1 <br /> The basis for final payment will be the actual amount of work performed according to <br /> the Contract Documents and payments, whether partial or final, shall be made as <br /> specified therein. If, and to the extent, payment (in whole or in part) is based upon unit <br /> prices multiplied by quantities of work actually performed, the total amount paid to the <br /> Contractor may be less than Contract Sum stated herein and the Contractor agrees to <br /> execute one or more change orders in such event. In no event shall the total amount <br /> paid Contractor exceed the Contract Sum stated herein, unless the Contract amount <br /> has first been increased by one or more Change Orders signed by the City. The City <br /> may, in its sole discretion, withhold amounts from payments otherwise due as offsets or <br /> 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 <br /> chooses not to offset or deduct any such expenses, damages, liquidated damages or <br /> costs from one or more payments or return of retainage, the City does not waive its <br /> claim for such damages and hereby expressly reserves its right to assert a claim <br /> against the Contractor for such damages. <br /> 5. Withholding. Five percent (5%) of amounts due Contractor shall be retained and I <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 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 <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 activelyand in good faith <br /> p <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 /> r <br /> 00 52 13 - 2 AGREEMENT FORM (Addendum 1) <br /> I <br />