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<br /> IThe Contractor acknowledges that delay of completion beyond the dates stated in Section 2
<br /> above may cause the City to be subject to fines or civil penalties from the Department of
<br /> I Ecology. The Contractor has certain indemnification, defense and hold harmless obligations
<br /> regarding such fines or penalties as stated in Section 7 below. Those indemnification, defense
<br /> and hold harmless obligations are in addition to liquidated damages under this Section 3.
<br /> 4. Contract Amount. The amount of this Contract is 3 0� 3'i5. co
<br /> ($ ) and is based on the proposal/bid subn(itted by Contractor dated
<br /> 3/1�0 1-i . The basis for final payment will be the actual amount of work performed
<br /> Iacd&rdifig to the Contract Documents and payments, whether partial or final, shall be made as
<br /> specified therein.
<br /> 5. Withholding. Five percent (5%) of amounts due Contractor shall be retained and withheld to
<br /> I ensure the timely and faithful completion of the work and to comply with RCW Chap. 60.28.
<br /> Releases of retained amounts shall be governed by RCW 60.28.011. Retained amounts shall be
<br /> released 60 days after completion of all contract work. In cases where all contract work other
<br /> I than landscaping is completed, retained amounts other than the five percent earned for
<br /> landscaping, shall be released within 60 days of completion. Within 30 days of accepting a bond,
<br /> the bonded portion of the retained funds shall be released.
<br /> I 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 /> I 7. Indemnification.
<br /> A. Contractor will defend, indemnify and hold harmless the City from any and all Claims arising
<br /> out of, in connection with, or incident to any acts, errors, omissions, or conduct by Contractor
<br /> I relating to, or arising out of its performance of, this Contract. The Contractor will defend and
<br /> indemnify the City whether a Claim is asserted directly against the City, or whether a Claim is
<br /> asserted indirectly against the City, e.g., a Claim is asserted against someone else who then seeks
<br /> contribution or indemnity and hold harmless from the City. The amount of insurance obtained
<br /> I
<br /> by, obtainable by, or required of the Contractor does not in any way limit the Contractor's duty
<br /> to defend and indemnify and hold harmless 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
<br /> 1 said 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 /> I 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, its employees,
<br /> subcontractors/subconsultants or agents and (b) the City, then the Contractor's obligations under
<br /> this Section 7 shall apply only to the extent allowed by RCW 4.24.115.
<br /> IC. 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
<br /> I limited to, attorney's fees and litigation expenses), suits, judgments, or damage, whether
<br /> threatened, asserted or filed against the City, whether such Claims sound in tort, contract, or any
<br /> other legal theory, whether such Claims have been reduced to judgment or arbitration award,
<br /> irrespective of the type of relief sought or demanded (such as money or injunctive relief), and
<br /> I irrespective of the type of damage alleged (such as bodily injury, damage to property, economic
<br /> loss, general damages, special damages, or punitive damages); and (3) "Contractor" includes
<br /> Contractor, its employees, agents, representatives and subcontractors. If, and to the extent,
<br /> ' Contractor employs or engages subcontractors, then Contractor shall ensure that each such
<br /> subcontractor (and subsequent tiers of subcontractors) shall expressly agree to defend and
<br /> indemnify the City to the extent and on the same terms and conditions as the Contractor pursuant
<br /> to this section.
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<br /> HAYES STREET REGULATOR February,2017
<br /> I AND CSO CONTROLS (SRO1, SRO2,AND SRO3)
<br /> WO No—UP3398-31 SP - 43
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