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4. Contract Amount. The amount of this Contract is a, a LH 76 LI ,do
<br /> ($ ) and is based on the proposal/bid submitted by Contractor dated
<br /> GI- 11- a01s . The basis for final payment will be the actual amount of work performed according
<br /> to the Contract Documents and payments, whether partial or final, shall be made as specified therein.
<br /> I5. Withholding. Except as provided by RCW 60.28.011(1)(b), five percent (5%) of amounts due
<br /> Contractor shall be retained and withheld to ensure the timely and faithful completion of the work and to
<br /> I comply with RCW Chap. 60.28. Releases of retained amounts shall be governed by RCW 60.28.011.
<br /> Retained amounts shall be released 60 days after completion of all contract work. In cases where all contract
<br /> work other 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 bond, the
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<br /> bonded portion of the retained funds shall be released.
<br /> 6. Compliance with Employment and Wage Laws. Contractor agrees to comply with all state and federal
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<br /> laws relating to the employment of labor and wage rates to be paid.
<br /> 7. Indemnification.
<br /> tA. Contractor will defend and indemnify the City from any and all Claims arising out of, in connection
<br /> with, or incident to any acts, errors, omissions, or conduct by Contractor relating to, or arising out of its
<br /> perfoimance of, this Contract. The Contractor will defend and indemnify the City whether a Claim is
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<br /> asserted directly against the City, or whether a Claim is asserted indirectly against the City, e.g., a Claim is
<br /> asserted against someone else who then seeks contribution or indemnity from the City. The amount of
<br /> insurance obtained by, obtainable by, or required of the Contractor does not in any way limit the
<br /> I Contractor's duty to defend and indemnify the City. The City retains the right to approve Claims
<br /> investigation and counsel assigned to said Claim and all investigation and legal work regarding said Claim
<br /> shall be performed under a fiduciary relationship to the City.
<br /> IB. The Contractor's obligations under this Section 7 shall not apply to Claims caused by the sole negligence
<br /> of the City. If(1) RCW 4.24.115 applies to a particular Claim, and (2) such Claim is caused by or results
<br /> from the concurrent negligence of (a) the Contractor, its employees, subcontractors/subconsultants or
<br /> I agents and (b) the City, then the Contractor's obligations under this Section 7 shall apply only to the extent
<br /> allowed by RCW 4.24.115.
<br /> I C. As used in this section: (1) "City" includes the City's officers, employees, agents, and representatives;
<br /> (2) "Claims" include all losses, claims, demands, expenses (including, but not limited to, attorney's fees
<br /> and litigation expenses), suits,judgments, or damage, whether threatened, asserted or filed against the City,
<br /> whether such Claims sound in tort, contract, or any other legal theory, whether such Claims have been
<br /> I reduced to judgment or arbitration award, irrespective of the type of relief sought or demanded (such as
<br /> money or injunctive relief), and irrespective of the type of damage alleged (such as bodily injury, damage
<br /> to property, economic loss, general damages, special damages, or punitive damages); and (3) "Contractor"
<br /> I includes 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 subcontractor
<br /> (and subsequent tiers of subcontractors) shall expressly agree to defend and indemnify the City to the extent
<br /> Iand on the same terms and conditions as the Contractor pursuant to this section.
<br /> 8. Insurance. The Contractor shall purchase and maintain such insurance as will protect it from any and
<br /> all claims, suits, demands, damages, or liability arising out of, or in connection with, this Contract, or
<br /> I resulting from Contractor's (or its subcontractor's or supplier's) performance of, or failure to perform, its
<br /> express and implied obligations under the Contract, including, but not limited to such claims as may arise
<br /> out of or result from the Contractor's operations under the Contract, whether such operations be by itself,
<br /> I any subcontractor or supplier, by anyone directly or indirectly employed by any of them, or by anyone for
<br /> whose acts any of them may be liable. The Contractor's policies shall endorse the City, including its
<br /> officers, employees, agents and representatives, as additional insureds. The Contractor shall comply with
<br /> Ithe insurance requirements set forth in the Contract Documents. Failure to maintain such insurance shall
<br /> be a material breach of the Contract. City shall be entitled to damages for such a breach that include, but
<br /> are not limited to, any loss (including, but not limited to, third party litigation expenses and professional
<br /> I N. Broadway Transit Improvement Project Division C August 7,2018
<br /> State Fund#: GCB2316; COE WO#3644 Page 2 of 6
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