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<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. or Contract Amount. The amount of this Contract is
<br /> QCg I 014.6'3 ($ ` ) and is based on the
<br /> proposal/bit submitted by Contractor dated . The basis for final payment
<br /> will be the actual amount of work performed according to the Contract Documents and
<br /> payments, whether partial or final, shall be made as specified therein.
<br /> 5. Withholding. Five percent(5%) of amounts due Contractor shall be retained and withheld to
<br /> 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 /> 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
<br /> bond, the bonded portion of the retained funds shall be released. '
<br /> 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 /> 7. Indemnification.
<br /> A. Contractor will defend and indemnify the City from any and all Claims arising out of, in
<br /> connection with, or incident to any acts, errors, omissions, or conduct by Contractor relating to,
<br /> or arising out of its performance of, this Contract. The Contractor will defend and indemnify the
<br /> City whether a Claim is asserted directly against the City, or whether a Claim is asserted
<br /> 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 /> 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
<br /> Claims investigation and counsel assigned to said Claim and all investigation and legal work
<br /> regarding 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 /> 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 /> 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
<br /> 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 /> 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.
<br /> D. In addition to the definition of Claims in Section 7.0 above, "Claims" also includes any
<br /> fines or other civil penalties that may be issued by the Department of Ecology under the Agreed
<br /> Order dated August 6, 2015 (Docket# 11638), to the extent such fines or other civil penalties
<br /> arise from the Project not being complete by the dates stated in Section 2 above.
<br /> Sewer Regulators R4 and Division C -CONTRACT May 2017
<br /> R39 Modifications
<br /> Work Order#UP3633 SP-34
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