McClure and Sons Inc. 9/28/2017 - Laserfiche WebLink

CITY OF EVERETT PUBLIC WORKS 00 60 13 SPECIAL PROVISIONS CONTRACT d. If the City chooses not to offset or deduct any such expenses, damages, Iiquidated damages or costs from one or more payments or return of retainage, the City does not waive its claim for such damages and hereby expressly reserves its right to assert a claim against the Contractor for such damages. G. Withholding. 1. Five percent of amounts due Contractor shall be retained and withheld to ensure to comply with RCW Chap. 60.28. 2. Retained amounts shall only be released: a. as required by law or b. 60 days after completion of all contract work if there are no claims against the retained funds. 1 3. In addition to the amounts required by RCW 60.28 to be withheld from the progress or retained percentage payments to the Contractor, the City may, in its sole discretion, withhold any amounts sufficient to pay any claim against the Contractor of which the City may have knowledge and regardless of the informalities of notice of such claim arising out of the performance of this contract. 4. The City may withhold the amount until either the Contractor secures a written release from the claimant, obtains a court decision that such claim is without merit, or satisfies any judgment in favor of the claimant on such claim. 5. The City shall not be liable for interest during the period the funds are so held. 1 H. Compliance with Employment and Wage Laws. 1. Contractor agrees to comply with all state and federal laws relating to the employment of labor and wage rates to be paid. I. Disadvantaged Business Enterprises. 1. Contractor shall actively and in good faith solicit the employment of minority group members and bids for the supply of goods or subcontracting of services from qualified minority businesses. 2. Contractor shall consider granting contracts to possible minority suppliers and subcontractors on the basis of substantially equal proposals in the light most favorable to the minority businesses. 3. Contractor shall furnish evidence of its compliance with these requirements. 4. As used in this section,the term "minority business"means a business at least 51 percent of which is owned by minority group members. a. Minority group members include, but are not limited to, African-Americans, Women, Native Americans, Asian/Pacific Islander-Americans, and Hispanic- Americans. J. Indemnification. 1. Except as otherwise provided in this section, the Contractor hereby agrees to save, hold harmless, defend, and indemnify the City, its officers, employees and agents from any and all loss, claims, demands, suits, damage, or liability of any kind whatsoever, whether ' THREE LAKES VALVE BYPASS July 19, 2017 WO#UP3611 006013 -3