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4. Compensation. The basis for payment tothe Contractor will bethe actual amount of <br />Work performed according to the Contract Documents and payments, whether partial or final, shall be <br />made esspecified 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 assuch unit prices may beadjusted elsewhere inthe 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 lO% 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 />S. Withholding. Five percent (5%) of amounts due Contractor shall be retained and <br />withheld to ensure tocomply with RC\N ChapterGO.2O. Retained amounts shall only be released: (A) <br />as required by |avv or (B) sixty /60\ days after completion of all contract work if there are no claims <br />against the retained funds. |naddition tothe amounts required byRCVVGO.Z8tobewithheld from the <br />progress or retained percentage payments tothe 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 court decision that such claim is without merit, or satisfies any judgment <br />|nfavor ofthe claimant onsuch claim. The City shall not beliable for interest during the period the <br />funds are soheld. <br />G. 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 ofsubstantially 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'Arnericans, Women, Native Americans, Asian/Pacific Islander - <br />Americans, and Hispanic -Americans. <br />O. Indemnification. Except as otherwise provided in this section, the Contractor <br />