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Section 00 52 13 AGREEMENT FORM <br /> <br />City of Everett 00 52 13-2 June 2024 <br />WFP Air Scour Blower Building Replacement Issued for Bid <br />UP3813 <br />4. Contract Sum. The Contract Sum of this Contract is: <br /> <br /> <br />+ WA Sales Tax (as applicable) <br />Contract Sum <br /> <br />This is based on the proposal/bid submitted by Contractor dated ________________. <br />A copy of this proposal/bid is attached hereto. <br />The basis for final payment will be the actual amount of work performed according to the <br />Contract Documents and payments, whether partial or final, shall be made as specified <br />therein. If, and to the extent, payment (in whole or in part) is based upon unit prices <br />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 has <br />first been increased by one or more Change Orders signed by the City. The City may, in <br />its sole discretion, withhold amounts from payments otherwise due as offsets or back <br />charges for expenses, damages, liquidated damages or costs for which the Contractor is <br />liable for not to exceed 10% 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 <br />more payments or return of retainage, the City does not waive its claim for such <br />damages and hereby expressly reserves its right to assert a claim against the Contractor <br />for such damages. <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) <br />as required by law or (B) sixty (60) days after completion of all contract work if there are <br />no claims against the retained funds. In addition to the amounts required by RCW 60.28 <br />to be withheld from the progress or retained percentage payments to the Contractor, the <br />City may, in its sole discretion, withhold any amounts sufficient to pay any claim against <br />the Contractor of which the City may have knowledge and regardless of the informalities <br />of notice of such claim arising out of the performance of this Contract. The City may <br />withhold the amount until either the Contractor secures a written release from the <br />claimant, obtains a court decision that such claim is without merit, or satisfies any <br />judgment in favor of the claimant on such claim. The City shall not be liable for interest <br />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. RCW 35.33.650. Contractor shall actively and in good faith solicit the employment of <br />minority group members and bids for the supply of goods or subcontracting of services <br />from qualified minority businesses. Contractor shall consider granting contracts to <br />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,