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City of Everett 00 52 13 - 3 <br />Port Gardner Storage Facility - Demolition Package WO# UP-3525 <br />00 52 13 - 3 AGREEMENT FORM <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 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. RCW 35.33.650. Contractor shall actively and in good faith solicit the employment <br />of minority group members and bids for the supply of goods or subcontracting of <br />services from qualified minority businesses. Contractor shall consider granting contracts <br />to possible minority suppliers and subcontractors on the basis of substantially equal <br />proposals in the light most favorable to the minority businesses. Contractor shall furnish <br />evidence of its compliance with these requirements. As used in this section, the term <br />“minority business” means a business at least fifty-one percent (51%) of which is owned <br />by minority group members. Minority group members include, but are not limited to, <br />African-Americans, Women, Native Americans, Asian/Pacific Islander-Americans, and <br />Hispanic-Americans. <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 />connection with its performance of this Contract, including without limitation (and without <br />limiting the generality of the foregoing) all Claims resulting from Contractor’s <br />performance of, or failure to perform, its express and implied obligations under the <br />Contract. The Contractor will defend and indemnify and hold harmless the City whether <br />a Claim is asserted directly against the City, or whether a Claim is asserted indirectly <br />against the City, e.g., a Claim is asserted against someone else who then seeks <br />contribution or indemnity from the City. The amount of insurance obtained by, <br />obtainable by, or required of the Contractor does not in any way limit the Contractor’s <br />duty to defend and indemnify the City. The City retains the right to approve Claims <br />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 <br />Section 8 is in addition to any other defense or indemnity or hold harmless obligation in <br />the Contract Documents.