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<br /> CITY OF EVERETT PUBLIC WORKS
<br /> SPECIAL PROVISIONS
<br /> b. sixty (60) days after completion of all contract work if there are no claims against
<br /> the retained funds.
<br /> 3. In addition to the amounts required by RCW 60.28 to be withheld from the progress or
<br /> retained percentage payments to the Contractor, the City may, in its sole discretion,
<br /> withhold any amounts sufficient to pay any claim against the Contractor of which the
<br /> City may have knowledge and regardless of the informalities of notice of such claim
<br /> arising out of the performance of this contract.
<br /> 4. The City may withhold the amount until either the Contractor secures a written release
<br /> from the claimant, obtains a court decision that such claim is without merit, or satisfies
<br /> any judgment in favor of the claimant on such claim.
<br /> 5. The City shall not be liable for interest during the period the funds are so held.
<br /> H. Compliance with Employment and Wage Laws.
<br /> 1. Contractor agrees to comply with all state and federal laws relating to the employment of
<br /> labor and wage rates to be paid.
<br /> I. Disadvantaged Business Enterprises.
<br /> 1. Contractor shall actively and in good faith solicit the employment of minority group
<br /> members and bids for the supply of goods or subcontracting of services from qualified
<br /> minority businesses.
<br /> 2. Contractor shall consider granting contracts to possible minority suppliers and
<br /> ' subcontractors on the basis of substantially equal proposals in the light most favorable to
<br /> the minority businesses.
<br /> 3. Contractor shall furnish evidence of its compliance with these requirements.
<br /> 4. As used in this section, the term "minority business" means a business at least fifty-one
<br /> percent(51%)of which is owned by minority group members.
<br /> a. Minority group members include, but are not limited to, African-Americans,
<br /> Women, Native Americans, Asian/Pacific Islander-Americans, and Hispanic-
<br /> Americans.
<br /> J. Indemnification.
<br /> 1. Except as otherwise provided in this section, the Contractor hereby agrees to save, hold
<br /> harmless, defend, and indemnify the City, its officers, employees and agents from any
<br /> and all loss, claims, demands, suits, damage, or liability of any kind whatsoever, whether
<br /> or not reduced to judgment or arbitration award, in connection with, or arising out of, this
<br /> Contract, or resulting from Contractor's (or its subcontractor's or supplier's)performance
<br /> of, or failure to perform, its express and implied obligations under the Contract.
<br /> 2. Contractor shall pay any judgment that may be obtained against the City, its officers,
<br /> employees, agents or third persons in such suit. The Contractor's obligations under this
<br /> Section 8 shall not apply to loss, claims, demands, suits, damage, or liability caused by
<br /> the sole negligence of the City.
<br /> 3. Application of RCW 4.24.115.
<br /> a. If applies to a particular loss, claim, demand, suit, damage, or liability, and
<br /> ' b. such loss, claim, demand, suit, damage, or liability is caused by or results from the
<br /> concurrent negligence of (a)the Contractor, its employees,
<br /> subcontractors/subconsultants or agents and (b) the City or its agents or
<br /> employees, then the Contractor's obligations under this Section 8 shall apply only
<br /> to the extent allowed by RCW 4.24.115.
<br /> c. The City shall give Contractor reasonable notice of such claim.
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<br /> Portal 1 Replacement June 2017
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