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<br /> Ib. 60 days after completion of all contract work if there are no claims against the retained
<br /> funds.
<br /> I3. In addition to the amounts required by RCW 60.28 to be withheld from the progress or retained
<br /> percentage payments to the Contractor,the City may, in its sole discretion, withhold any amounts
<br /> sufficient to pay any claim against the Contractor of which the City may have knowledge and
<br /> I regardless of the informalities of notice of such claim arising out of the performance of this
<br /> contract.
<br /> 4. The City may withhold the amount until either the Contractor secures a written release from the
<br /> I claimant, obtains a court decision that such claim is without merit, or satisfies any judgment in
<br /> favor of the claimant on such claim.
<br /> 5. The City shall not be liable for interest during the period the funds are so held.
<br /> IH. Compliance with Employment and Wage Laws.
<br /> 1. Contractor agrees to comply with all state and federal laws relating to the employment of labor
<br /> Iand wage rates to be paid.
<br /> I. Disadvantaged Business Enterprises.
<br /> I 1. Contractor shall actively and in good faith solicit the employment of minority group members and
<br /> bids for the supply of goods or subcontracting of services from qualified minority businesses.
<br /> 2. Contractor shall consider granting contracts to possible minority suppliers and subcontractors on
<br /> the basis of substantially equal proposals in the light most favorable to the minority businesses.
<br /> I 3. Contractor shall furnish evidence of its compliance with these requirements.
<br /> 4. As used in this section,the term"minority business"means a business at least 51 percent of which
<br /> is owned by minority group members.
<br /> Ia. Minority group members include, but are not limited to, African-Americans, Women,
<br /> Native Americans, Asian/Pacific Islander-Americans, and Hispanic-Americans.
<br /> IJ. Indemnification.
<br /> 1. Except as otherwise provided in this section, the Contractor hereby agrees to save, hold harmless,
<br /> defend, and indemnify the City, its officers, employees and agents (including the Engineer, HDR,
<br /> Inc.) 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,this
<br /> I Contract, or resulting from Contractor's (or its subcontractor's or supplier's) performance of, or
<br /> failure to perform, its express and implied obligations under the Contract.
<br /> 2. Contractor shall pay any judgment that may be obtained against the City, its officers, employees,
<br /> agents or third persons in such suit. The Contractor's obligations under this Section 8 shall not
<br /> I apply to loss, claims, demands, suits, damage, or liability caused by the sole negligence of the
<br /> City.
<br /> 3. Application of RCW 4.24.115.
<br /> Ia. If applies to a particular loss, claim,demand, suit, damage, or liability, and
<br /> b. such loss, claim, demand, suit, damage, or liability is caused by or results from the
<br /> concurrent negligence of(a)the Contractor, its employees, subcontractors/subconsultants
<br /> I or agents and (b) the City or its agents or employees, then the Contractor's obligations
<br /> under this Section 8 shall apply only to the extent allowed by RCW 4.24.115.
<br /> c. The City shall give Contractor reasonable notice of such claim.
<br /> d. The City retains the right to approve claims investigation and counsel assigned to said
<br /> claim and all investigation and legal work regarding said claim shall be performed under a
<br /> fiduciary relationship to the City.
<br /> I10023829 City of Everett Public Works July 2018
<br /> WPCF FEN Chlorination Building Upgrade Work Order 3614
<br /> CONTRACT
<br /> 1 00 60 13-3 Issue for Bid
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