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<br />Beverly Lake Water Quality Retrofit Division C - CONTRACT August 2023 <br />Work Order # UP3745 SP – 38 <br />4. Contract Sum. The Contract Sum of this Contract is: <br /> <br />+ WA Sales Tax (as <br />applicable) <br />N/A <br />Contract Sum <br />This is based on the proposal/bid submitted by Contractor dated ________________. The <br />basis for final 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 />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: (A) as <br />required by law or (B) sixty (60) days after completion of all contract work if there are no <br />claims against the retained funds. In addition to the amounts required by RCW 60.28 to be <br />withheld from the progress or retained percentage payments to the Contractor, the City may, <br />in its sole discretion, withhold any amounts sufficient to pay any claim against the Contractor <br />of which the City may have knowledge and regardless of the informalities of notice of such <br />claim arising out of the performance of this Contract. The City may withhold the amount until <br />either the Contractor secures a written release from the claimant, obtains a court decision that <br />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 />6. 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. Vacant <br />8. Indemnification. <br />A. Contractor will defend, indemnify and hold harmless the City from any and all Claims <br />arising out of or relating to any acts, errors, omissions, or conduct by Contractor in connection <br />with its performance of this Contract, including without limitation (and without limiting the <br />generality of the foregoing) all Claims resulting from Contractor’s performance of, or failure to <br />perform, its express and implied obligations under the Contract. The Contractor will defend <br />and indemnify and hold harmless the City whether a Claim is asserted directly against the City, <br />or whether a Claim is asserted indirectly against the City, e.g., a Claim is asserted against <br />someone else who then seeks contribution or indemnity from the City. The amount of <br />insurance obtained by, obtainable by, or required of the Contractor does not in any way limit <br />the Contractor’s duty to defend and indemnify the City. The City retains the right to approve <br />Claims investigation and counsel assigned to said Claim and all investigation and legal work <br />regarding said Claim shall be performed under a fiduciary relationship to the City. This Section <br />8 is in addition to any other defense or indemnity or hold harmless obligation in the Contract <br />Documents. <br />B. The Contractor’s obligations under this Section 8 shall not apply to Claims caused by the <br />sole negligence of the City. If (1) RCW 4.24.115 applies to a particular Claim, and (2) such <br />Claim is caused by or results from the concurrent negligence of (a) the Contractor and (b) the