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<br /> 4. Contract Amount. The amount of this Contract is � 9(o', /4/6. (� I
<br /> ($ ) and is based on the proposal/bid submitted by Contractor dated
<br /> /f—/ 0 . The basis for final payment will be the actual amount of work performed according to111
<br /> the Contract Documents and payments, whether partial or final, shall be made as specified therein. If, and
<br /> to the extent, payment (in whole or in part) is based upon unit prices multiplied by quantities of work
<br /> actually performed, the total amount paid to the Contractor may be less than Contract amount stated
<br /> herein and the Contractor agrees to execute one or more change orders in such event. In no event shall the
<br /> total amount paid Contractor exceed the Contract amount stated herein, unless the Contract amount has
<br /> first been increased by one or more Change Orders signed by the City. The City may, in its sole
<br /> discretion, withhold amounts from payments otherwise due as offsets or backcharges for expenses,
<br /> damages, liquidated damages or costs for which the Contractor is liable for not to exceed 10% of the total
<br /> amount of the contract. If the City chooses not to offset or deduct any such expenses, damages, liquidated
<br /> damages or costs from one or more payments or return of retainage, the City does not waive its claim for
<br /> such damages and hereby expressly reserves its right to assert a claim against the Contractor for such
<br /> damages.
<br /> 5. Withholding. Five percent (5%) of amounts due Contractor shall be retained and withheld to ensure
<br /> to comply with RCW Chap. 60.28. Retained amounts shall only be released: (A)as required by law or(B)
<br /> sixty (60) days after completion of all contract work if there are no claims against the retained funds.. In
<br /> addition to the amounts required by RCW 60.28 to be withheld from the progress or retained percentage
<br /> payments to the Contractor, the City may, in its sole discretion, withhold any amounts sufficient to pay
<br /> 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
<br /> withhold the amount until either the Contractor secures a written release from the claimant, obtains a court
<br /> decision that such claim is without merit, or satisfies any judgment in favor of the claimant on such claim.
<br /> The City shall not be liable for interest during the period the funds are so held. 1
<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. I
<br /> 7. Disadvantaged Business Enterprises. Contractor shall actively and in good faith solicit the
<br /> employment of minority group members and bids for the supply of goods or subcontracting of services
<br /> from qualified minority businesses. Contractor shall consider granting contracts to possible minority
<br /> suppliers and subcontractors on the basis of substantially equal proposals in the light most favorable to the
<br /> minority businesses. Contractor shall furnish evidence of its compliance with these requirements. As used
<br /> in this section, the term "minority business" means a business at least fifty-one percent (51%) of which is
<br /> owned by minority group members. Minority group members include, but are not limited to, African-
<br /> Americans, Women,Native Americans,Asian/Pacific Islander-Americans, and Hispanic-Americans.
<br /> 8. Indemnification. Except as otherwise provided in this section, the Contractor hereby agrees to save,
<br /> hold harmless, defend, and indemnify the City, its officers, employees and agents from any and all loss,
<br /> claims, demands, suits, damage, or liability of any kind whatsoever, whether or not reduced to judgment
<br /> or arbitration award, in connection with, or arising out of, this Contract, or resulting from Contractor's (or
<br /> its subcontractor's or supplier's)performance of, or failure to perform, its express and implied obligations
<br /> under the Contract. Contractor shall pay any judgment that may be obtained against the City, its officers,
<br /> employees, agents or third persons in such suit. Contractor and the City agree that the term "damages" as
<br /> used in RCW 4.24.115 (and referred to in this Contract as "Damages"), means a final judgment in a
<br /> judicial proceeding for damages arising out of bodily injury to persons or damage to property, and City
<br /> and Contractor expressly agree Damages do not include or apply to any third-party claims, demands or
<br /> suits that have not been reduced to final judgment. The Contractor is not required to indemnify the City,
<br /> its officers, agents, and employees for Damages caused solely by the negligence or willful misconduct of
<br /> the City, its officers, employees and agents. If Damages are caused by, or result from, the concurrent
<br /> negligence of (1) the Contractor, its employees, subcontractors or agents and (2) the City, its officers,
<br /> agents and employees, then the indemnity provisions of this Contract shall be valid and enforceable only
<br /> to the extent of Contractor's negligence. The City shall give Contractor reasonable notice of such claim.
<br /> The City retains the right to approve claims investigation and counsel assigned to said claim and all i
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