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<br /> substantial completion date stated. Because it is difficult to accurately compute the amount of such costs '
<br /> and damages, the Contractor hereby covenants and agrees to pay to the City liquidated damages as
<br /> computed in Section 1-08.9 of the Standard Specifications, for each and every working day required to
<br /> accomplish substantial completion of the work in excess of the period established above for substantial
<br /> completion.For overruns in contract time occurring after the physical completion date, liquidated damages
<br /> shall be assessed at the rate often percent(10%)of the amount computed in Section 1-08.9 of the Standard
<br /> Specifications until the work is physically complete.
<br /> 4. Contract Amount. The amount of this Contract is Q (OC)73 0, 6$
<br /> ($ ) and is based on the proposal/bid submitted by Contractor dated
<br /> )1_ 13- ao i% . The basis for final payment will be the actual amount of work performed according
<br /> tote Contract Documents and payments, whether partial or final, shall be made as specified therein.
<br /> 5. Withholding. Five percent (5%) of amounts due Contractor shall be retained and withheld to ensure
<br /> the timely and faithful completion of the work and to comply with RCW Chap. 60.28. Releases of retained
<br /> amounts shall be governed by RCW 60.28.011. Retained amounts shall be released 60 days after
<br /> completion of all contract work. In cases where all contract work other than landscaping is completed,
<br /> retained amounts other than the five percent earned for landscaping, shall be released within 60 days of
<br /> completion. Within 30 days of accepting a bond, the bonded portion of the retained funds shall be
<br /> released.
<br /> 6. Compliance with Employment and Wage Laws. Contractor agrees to comply with all state and
<br /> federal laws relating to the employment of labor and wage rates to be paid.
<br /> 7. Indemnification. ,
<br /> A. 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 /> performance of, this Contract. The Contractor will defend and indemnify the City whether a Claim is
<br /> asserted directly against the City, or whether a Claim is asserted indirectly against the City, e.g., a Claim
<br /> is 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 /> 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 /> B. The Contractor's obligations under this Section 7 shall not apply to Claims caused by the sole
<br /> negligence of the City. If(1) RCW 4.24.115 applies to a particular Claim, and (2) such Claim is caused
<br /> by or results from the concurrent negligence of (a) the Contractor, its employees,
<br /> subcontractors/subconsultants or agents and (b) the City, then the Contractor's obligations under this
<br /> Section 7 shall apply only to the extent allowed by RCW 4.24.115.
<br /> 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
<br /> City, whether such Claims sound in tort, contract, or any other legal theory, whether such Claims have
<br /> been reduced to judgment or arbitration award, irrespective of the type of relief sought or demanded(such
<br /> as money or injunctive relief), and irrespective of the type of damage alleged (such as bodily injury.
<br /> damage to property, economic loss, general damages, special damages, or punitive damages); and (3)
<br /> "Contractor"includes Contractor, its employees, agents,representatives and subcontractors. If, and to the
<br /> extent, Contractor employs or engages subcontractors, then Contractor shall ensure that each such
<br /> subcontractor (and subsequent tiers of subcontractors) shall expressly agree to defend and indemnify the
<br /> City to the extent and 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 /> 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 /> Watermain Replacement"T" Division C -CONTRACT October 10, 2018
<br /> WO No. - UP3684 SP—34 '
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