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Water Main Replacement “Y” – Ph 1 <br />Work Order No. UP 3814 2 <br />Specifications, as may be amended by the Special Provisions, until the work is physically <br />complete. <br />4.Contract Sum. The Contract Sum of this Contract is: <br />$3,003,581.15 <br />+ WA Sales Tax (as applicable) $297,354.53 <br />Contract Sum $3,300,935.68 <br />This is based on the proposal/bid submitted by Contractor dated 04/02/2024. A copy of such <br />proposal/bid is attached hereto. The basis for final payment will be the actual amount of work <br />performed according to the Contract Documents and payments, whether partial or final, shall be <br />made as specified therein. <br />5. Withholding. Five percent (5%) of amounts due Contractor shall be retained and withheld to <br />comply with RCW Chap. 60.28. Retained amounts shall only be released: (A) as required by law <br />or (B) sixty (60) days after completion of all contract work if there are no claims against the <br />retained funds. In addition to the amounts required by RCW 60.28 to be withheld from the <br />progress or retained percentage payments to the 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 <br />have knowledge and regardless of the informalities of notice of such claim arising out of the <br />performance of this Contract. The City may withhold the amount until either the Contractor <br />secures a 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 not be <br />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 state <br />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 arising <br />out of or relating to any acts, errors, omissions, or conduct by Contractor in connection with its <br />performance of this Contract, including without limitation (and without limiting the generality of <br />the foregoing) all Claims resulting from Contractor’s performance of, or failure to perform, its <br />express and implied obligations under the Contract. The Contractor will defend and indemnify <br />and hold harmless the City whether a Claim is asserted directly against the City, or whether a <br />Claim is asserted indirectly against the City, e.g., a Claim is asserted against someone else who <br />then seeks 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 duty to <br />defend and indemnify the City. The City retains the right to approve Claims investigation and <br />counsel assigned to said Claim and all investigation and legal work regarding said Claim shall be <br />performed under a fiduciary relationship to the City. This Section 8 is in addition to any other <br />defense or indemnity or hold harmless obligation in the Contract Documents. <br />B. The Contractor’s obligations under this Section 8 shall not apply to Claims caused by the sole <br />negligence of the City. If (1) RCW 4.24.115 applies to a particular Claim, and (2) such Claim is <br />caused by or results from the concurrent negligence of (a) the Contractor and (b) the City, then <br />the Contractor’s liability under this Section 8 shall be only to the extent of the Contractor’s <br />negligence.