|
ti
<br /> The basis for final payment will be the actual amount of work performed according to the Contract
<br /> Documents and payments,whether partial or final,shall be made as specified therein. If,and to the extent,
<br /> payment (in whole or in part) is based upon unit prices multiplied by quantities of work actually
<br /> performed, the total amount paid to the Contractor may be less than Contract amount stated herein and
<br /> the Contractor agrees to execute one or more change orders in such event. In no event shall the total
<br /> amount paid Contractor exceed the Contract amount stated herein, unless the Contract amount has first
<br /> been increased by one or more Change Orders signed by the City. The City may, in its sole discretion,
<br /> withhold amounts from payments otherwise due as offsets or backcharges for expenses, damages,
<br /> liquidated damages or costs for which the Contractor is liable. If the City chooses not to offset or deduct
<br /> any such expenses, damages, liquidated damages or costs from one or more payments or return of
<br /> retainage, the City does not waive its claim for such damages and hereby expressly reserves its right to
<br /> assert a claim against the Contractor for such damages.
<br /> Five percent (5%) of amounts due Contractor shall be retained and withheld to ensure the timely and
<br /> faithful completion of the work, to comply with RCW Chap. 60.28, and to provide a source of funds for
<br /> liquidated or other damages. Except for a continuing retention of five percent (5%) of moneys earned for
<br /> landscaping, retained amounts shall only be released: (A) as required by law or (B) sixty (60) days after
<br /> completion of all contract work if: (1) there are no claims against the retained funds, (2) the Contractor
<br /> satisfied test requirements, and (3) the Contractor faithfully, timely and completely performed the
<br /> Contract. In addition to the amounts required by RCW 60.28 to be withheld from the progress or retained
<br /> percentage payments to the Contractor,the City may,in its sole discretion,withhold any amounts sufficient
<br /> to pay any claim against the Contractor of which the City may have knowledge and regardless of the
<br /> informalities of notice of such claim arising out of the performance of this contract. The City may withhold
<br /> the amount until either the Contractor secures a written release from the claimant,obtains a court decision
<br /> that such claim is without merit, or satisfies any judgment in favor of the claimant on such claim. The City
<br /> shall not be liable for interest during the period the funds are so held.
<br /> Contractor agrees to comply with all state and federal laws relating to the employment of labor and wage
<br /> rates to be paid.
<br /> Contractor shall actively and in good faith solicit the employment of minority group members and bids for
<br /> the supply of goods or subcontracting of services from qualified minority businesses. Contractor shall
<br /> consider granting contracts to possible minority suppliers and subcontractors on the basis of substantially
<br /> equal proposals in the light most favorable to the minority businesses. Contractor shall furnish evidence of
<br /> its compliance with these requirements. As used in this section, the term "minority business" means a
<br /> business at least fifty-one percent (51%) of which is owned by minority group members. Minority group
<br /> members include, but are not limited to, African-Americans, Women, Native Americans, Asian/Pacific
<br /> Islander-Americans, and Hispanic Americans.
<br /> Except as otherwise provided in this section, the Contractor hereby agrees to save, hold harmless, and
<br /> indemnify the City,its officers, employees and agents from any and all loss,claims, demands, suits,damage,
<br /> or liability of any kind whatsoever,whether or not reduced to judgment or arbitration award, in connection
<br /> with, or arising out of, this Contract, or resulting from Contractor's (or its subcontractor's or supplier's)
<br /> performance of, or failure to perform, its express and implied obligations under the Contract. Contractor
<br /> shall pay any judgment that may be obtained against the City, its officers, employees, agents or third
<br /> persons in such suit. The Contractor's obligations under this paragraph shall not apply to loss, claims,
<br /> demands, suits, damage, or liability caused by the sole negligence of the City. If(1) RCW 4.24.115 applies
<br /> to a particular loss,claim, demand,suit,damage,or liability,and (2) such loss, claim,demand, suit,damage,
<br /> or liability is caused by or results from the concurrent negligence of (a) the Contractor, its employees,
<br />
|