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0543/aa . 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 ensure
<br /> the timely and faithful completion of the work and to comply with RCW Chap. 60.28. Releases of
<br /> retained amounts shall be governed by RCW 60.28.011. Retained amounts shall be released 60 days
<br /> after completion of all contract work. In cases where all contract work other than landscaping is 111completed, retained amounts other than the five percent earned for landscaping, shall be released within
<br /> 60 days of completion. Within 30 days of accepting a bond, the bonded portion of the retained funds
<br /> shall be released.
<br /> 6. Compliance with Employment and Wage Laws. Contractor agrees to comply with all state and
<br /> federal laws relating to the employment of labor and wage rates to be paid.
<br /> 7. Indemnification. ,
<br /> A. Contractor will defend and indemnify the City from any and all Claims arising out of, in connection
<br /> with, or incident to any acts, errors, omissions, or conduct by Contractor relating to, or arising out of its
<br /> performance of, this Contract. The Contractor will defend and indemnify 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
<br /> is 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
<br /> Claim shall be performed under a fiduciary relationship to the City.
<br /> B. The Contractor's obligations under this Section 7 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 caused
<br /> by or results from the concurrent negligence of (a)the Contractor, its employees,
<br /> subcontractors/subconsultants or agents and (b) the City, then the Contractor's obligations under this
<br /> Section 7 shall apply only to the extent allowed by RCW 4.24.115.
<br /> C. As used in this section: (1) "City" includes the City's officers, employees, agents, and
<br /> representatives; (2) "Claims" include all losses, claims, demands, expenses (including, but not limited
<br /> to, attorney's fees and litigation expenses), suits,judgments, or damage, whether threatened, asserted or
<br /> filed against the City, whether such Claims sound in tort, contract, or any other legal theory, whether
<br /> such Claims have been reduced to judgment or arbitration award, irrespective of the type of relief sought
<br /> or demanded (such as money or injunctive relief), and irrespective of the type of damage alleged (such
<br /> as bodily injury, damage to property, economic loss, general damages, special damages, or punitive
<br /> damages); and (3) "Contractor" includes Contractor, its employees, agents, representatives and
<br /> subcontractors. If, and to the extent, Contractor employs or engages subcontractors, then Contractor
<br /> shall ensure that each such subcontractor (and subsequent tiers of subcontractors) shall expressly agree
<br /> to defend and indemnify the City to the extent and on the same terms and conditions as the Contractor
<br /> pursuant to this section.
<br /> 8. Insurance. The Contractor shall purchase and maintain such insurance as will protect it from any
<br /> and all claims, suits, demands, damages, or liability arising out of, or in connection with, this Contract,
<br /> or resulting from Contractor's (or its subcontractor's or supplier's)performance of, or failure to perform,
<br /> its express and implied obligations under the Contract, including, but not limited to such claims as may
<br /> arise out of or result from the Contractor's operations under the Contract, whether such operations be by
<br /> itself, any subcontractor or supplier, by anyone directly or indirectly employed by any of them, or by
<br /> anyone for whose acts any of them may be liable. The Contractor's policies shall endorse the City,
<br /> including its officers, employees, agents and representatives, as additional insureds. The Contractor
<br /> shall comply with the insurance requirements set forth in the Contract Documents. Failure to maintain
<br /> SEWER SYSTEM REPLACEMENT AND CAPACITY IMPROVEMENTS SEWER "M" PROJECT PHASE II
<br /> WO No. - UP3470-10 Division C - CONTRACT April 2016
<br /> SP -52
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