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Lenora Regional SW Facility Division C – Contract Work Order # UP3792 <br />physical completion date, liquidated damages shall be assessed at the rate computed in Section 1-08.9 of <br />the Standard 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 />$5,905,727.50 <br />+ WA Sales Tax (as applicable)$0.00 <br />Contract Sum $5,905,727.50 <br />This is based on the proposal/bid submitted by Contractor dated ____12/16/25_______. A copy of such <br />proposal/bid is attached hereto. The basis for final payment will be the actual amount of work performed <br />according to the Contract Documents and payments, whether partial or final, shall be made as specified <br />therein. <br />5. Withholding. Five percent (5%) of amounts due Contractor shall be retained and withheld to comply <br />with RCW Chap. 60.28. Retained amounts shall only be released: (A) as required by law or (B) sixty (60) days <br />after completion of all contract work if there are no claims against the retained funds. In addition to the <br />amounts required by RCW 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 any claim against the <br />Contractor of which the City may have knowledge and regardless of the informalities of notice of such claim <br />arising out of the performance of this Contract. The City may withhold the amount until either the <br />Contractor 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 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 state and federal <br />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 out of or <br />relating to any acts, errors, omissions, or conduct by Contractor in connection with its performance of this <br />Contract, including without limitation (and without limiting the generality of the foregoing) all Claims <br />resulting from Contractor’s performance of, or failure to perform, its express and implied obligations under <br />the Contract. The Contractor will defend and indemnify and hold harmless the City whether a Claim is <br />asserted directly against the City, or whether a Claim is asserted indirectly against the City, e.g., a Claim is <br />asserted against 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 the <br />Contractor’s 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 regarding said Claim <br />2