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made as specified therein. If, and to the extent, payment (in whole or in part) is based upon unit
<br /> prices multiplied by quantities of work actually performed,the total amount paid to the
<br /> Contractor may be less than Contract Sum stated herein and the Contractor agrees to execute one
<br /> or more change orders in such event. In no event shall the total amount paid to the Contractor
<br /> exceed the Contract Sum stated herein, unless the Contract amount has first been increased by
<br /> one or more Change Orders signed by the City.
<br /> 5. Withholding. (NOT USED)
<br /> 6. Compliance with Employment and Wage Laws. Contractor agrees to comply with all
<br /> state and federal laws relating to the employment of labor and wage rates to be paid.
<br /> 7. Disadvantaged Business Enterprises. Contractor shall actively and in good faith solicit
<br /> the employment of minority group members and bids for the supply of goods or subcontracting
<br /> of services from qualified minority businesses. Contractor shall consider granting contracts to
<br /> possible minority suppliers and subcontractors on the basis of substantially equal proposals in the
<br /> light most favorable to the minority businesses. Contractor shall furnish evidence of its
<br /> compliance with these requirements. As used in this section,the term "minority business"means
<br /> a business at least fifty-one percent(51%) of which is owned by minority group members.
<br /> Minority group members include, but are not limited to, African-Americans, Women,Native
<br /> Americans, Asian/Pacific Islander-Americans, and Hispanic-Americans.
<br /> 8. Indemnification. Except as otherwise provided in this section,the Contractor hereby
<br /> agrees to save, hold harmless, defend, and indemnify the City, its officers, employees and agents
<br /> from any and all loss, claims, demands, suits, damage, or liability of any kind whatsoever,
<br /> whether or not reduced to judgment or arbitration award, in connection with, or arising out of,
<br /> this Contract, or resulting from Contractor's (or its subcontractor's or supplier's)performance of,
<br /> or failure to perform, its express and implied obligations under the Contract. Contractor shall pay
<br /> 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 Section 8 shall not apply to loss,
<br /> claims, demands, suits, damage, or liability caused by the sole negligence of the City. If(1)
<br /> RCW 4.24.115 applies to a particular loss, claim, demand, suit, damage, or liability, and(2) such
<br /> loss, claim, demand, suit, damage, or liability is caused by or results from the concurrent
<br /> negligence of(a)the Contractor, its employees, subcontractors/subconsultants or agents and(b)
<br /> the City or its agents or employees,then the Contractor's obligations under this Section 8 shall
<br /> apply only to the extent allowed by RCW 4.24.115. The City shall give Contractor reasonable
<br /> notice of such claim. The City retains the right to approve claims investigation and counsel
<br /> assigned to said claim and all investigation and legal work regarding said claim shall be
<br /> performed under a fiduciary relationship to the City.
<br /> 9. Insurance. The Contractor shall purchase and maintain such insurance as will protect it
<br /> from any and all claims, suits, demands, damages, or liability arising out of, or in connection
<br /> with,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,
<br /> including, but not limited to such claims as may arise out of or result from the Contractor's
<br /> operations under the Contract, whether such operations be by itself, any subcontractor or
<br /> supplier, by anyone directly or indirectly employed by any of them, or by anyone for whose acts
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