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City of Everett 00 52 13 - 3 <br />Port Gardner Storage Facility – Facility Construction Package WO# UP-3525 <br />00 52 13 - 3 <br />has first been increased by one or more Change Orders signed by the City. The City <br />may, in its sole discretion, withhold amounts from payments otherwise due as offsets or <br />back charges for expenses, damages, liquidated damages or costs for which the <br />Contractor is liable for not to exceed 10% of the total amount of the contract. If the City <br />chooses not to offset or deduct any such expenses, damages, liquidated damages or <br />costs from one or more payments or return of retainage, the City does not waive its <br />claim for such damages and hereby expressly reserves its right to assert a claim <br />against the Contractor for such damages. <br />5.Withholding. Five percent (5%) of amounts due Contractor shall be retained <br />and withheld to comply with RCW Chap. 60.28. Retained amounts shall only be <br />released: (A) as required by law or (B) sixty (60) days after completion of all contract <br />work if there are no claims against the retained funds. In addition to the amounts <br />required by RCW 60.28 to be withheld from the progress or retained percentage <br />payments to the Contractor, the City may, in its sole discretion, withhold any amounts <br />sufficient to pay any claim against the Contractor of which the City may have knowledge <br />and regardless of the informalities of notice of such claim arising out of the performance <br />of this 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 <br />with all state and federal laws relating to the employment of labor and wage rates to be <br />paid. <br />7.Compliance with Project Labor Agreement. Contractor agrees to be party to <br />and bound by the terms and conditions of the Northwest Washington Building and <br />Construction Trades Council Project Labor Agreement (PLA) included as an attachment <br />to this Contract. The PLA is a Contract Document. By signing this Contract and the <br />Letter of Assent, Contractor certifies that it has no commitments or agreements which <br />would preclude its full compliance with the terms and conditions of the PLA. By signing <br />this Contract, Contractor agrees that it is thoroughly familiar with the requirements of the <br />PLA and that no claim for additional compensation will be allowed that is based upon <br />Contractor’s lack of knowledge of these requirements. In the event of any conflict <br />between the PLA and any other Contract Document, the PLA governs unless otherwise <br />required by applicable law. <br />8.RCW 35.33.650. Contractor shall actively and in good faith solicit the <br />employment of minority group members and bids for the supply of goods or <br />subcontracting of services from qualified minority businesses. Contractor shall consider <br />granting contracts to possible minority suppliers and subcontractors on the basis of <br />substantially equal proposals in the light most favorable to the minority businesses. <br />Contractor shall furnish evidence of its compliance with these requirements. As used in <br />this section, the term “minority business” means a business at least fifty-one percent <br />(51%) of which is owned by minority group members. Minority group members include,