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<br /> liquidated damages shall be assessed at the rate of ten percent (10%) of the amount computed in
<br /> Section 1-08.9 of the Standard Specifications until the work is physically complete.
<br /> 4. Contract Amount. The amount of this Contract is
<br /> p►6 1-1616. ($ ) and is based on the
<br /> proposal/bid submitted by Contractor dated {a-Is-aotg. The basis for final payment will
<br /> be the actual amount of work performed according to the Contract Documents and payments,
<br /> 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 '
<br /> ensure the timely and faithful completion of the work and to comply with RCW Chap. 60.28.
<br /> Releases of retained amounts shall be governed by RCW 60.28.011. Retained amounts shall be
<br /> released 60 days after completion of all contract work. In cases where all contract wdrk other than
<br /> landscaping is completed, retained amounts other than the five percent earned for landscaping,
<br /> shall be released within 60 days of completion. Within 30 days of accepting a bond, the bonded
<br /> portion of the retained funds shall be released. I
<br /> 6. Compliance with Employment and Wage Laws. Contractor agrees to comply with all state
<br /> and 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
<br /> connection with, or incident to any acts, errors, omissions,or conduct by Contractor relating to, or
<br /> arising out of its performance ofthis Contract. The Contractor will defend and indemnify the City
<br /> whether a Claim is asserted directly against the City, or whether a Claim is asserted indirectly
<br /> against the City, e.g., a Claim is asserted against someone else who then seeks contribution or
<br /> indemnity from the City. The amount of insurance obtained by, obtainable by, or required of the
<br /> Contractor does not in any way limit the Contractor's duty to defend and indemnify the City. The
<br /> City retains the right to approve Claims investigation and counsel assigned to said Claim and all
<br /> investigation and legal work regarding said Claim shall be performed under a fiduciary relationship
<br /> 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
<br /> caused 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
<br /> this 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
<br /> representatives; (2) "Claims" include all losses, claims, demands, expenses (including, but not '
<br /> limited to. attorney's fees and litigation expenses), suits, judgments, or damage, whether
<br /> threatened, asserted or filed against the City, whether such Claims sound in tort, contract, or any
<br /> other legal theory, whether such Claims have been reduced to judgment or arbitration award, '
<br /> irrespective of the type of relief sought or demanded (such as money or injunctive relief), and
<br /> irrespective of the type of damage alleged (such as bodily injury, damage to property, economic
<br /> loss, general damages, special damages, or punitive damages); and (3) "Contractor" includes
<br /> 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
<br /> subcontractor (and subsequent tiers of subcontractors) shall expressly agree to defend and '
<br /> Cleveland Avenue Division C—CONTRACT November 2018 '
<br /> Sewer System Replacement and
<br /> Storm Water Separation
<br /> WO No. UP3398 SP-52 '
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