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event. In no event shall the total amount paid Contractor exceed the Contract amount stated
<br /> herein, unless the Contract amount has first been increased by one or more Change Orders
<br /> signed by the City. The City may, in its sole discretion, withhold amounts from payments
<br /> otherwise due as offsets or backcharges for expenses, damages, liquidated damages or costs
<br /> for which the Contractor is liable. If the City chooses not to offset or deduct any such expenses,
<br /> damages, liquidated damages or costs from one or more payments or return of retainage, the
<br /> City does not waive its claim for such damages and hereby expressly reserves its right to assert
<br /> a claim against the Contractor for such damages.
<br /> Five percent(5%)of amounts due Contractor shall be retained and withheld to ensure the timely
<br /> and faithful completion of the work, to comply with RCW Chap. 60.28, and to provide a source
<br /> of funds for liquidated or other damages. Except for a continuing retention of five percent (5%)
<br /> of moneys earned for landscaping, retained amounts shall only be released: (A) as required by
<br /> law or(B) sixty (60) days after completion of all contract work if: (1) there are no claims against
<br /> the retained funds, (2) the Contractor satisfied test requirements, and (3) the Contractor
<br /> faithfully, timely and completely performed the Contract. In addition to the amounts required by
<br /> RCW 60.28 to be withheld from the progress or retained percentage payments to the Contractor,
<br /> the City may, in its sole discretion, withhold any amounts sufficient to pay any claim against the
<br /> Contractor of which the City may have knowledge and regardless of the informalities of notice
<br /> of such claim arising out of the performance of this contract. The City may withhold the amount
<br /> until either the Contractor secures a written release from the claimant, obtains a court decision
<br /> 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.
<br /> Contractor agrees to comply with all state and federal laws relating to the employment of labor
<br /> and wage rates to be paid.
<br /> 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 /> Contractor shall consider granting contracts to possible minority suppliers and subcontractors
<br /> on the basis of substantially equal proposals in the light most favorable to the minority
<br /> businesses. Contractor shall furnish evidence of its compliance with these requirements. As
<br /> used in this section, the term "minority business" means a business at least fifty-one percent
<br /> (51%) of which is owned by minority group members. Minority group members include, but are
<br /> not limited to,African-Americans, Women, Native Americans, Asian/Pacific Islander-Americans,
<br /> and Hispanic Americans.
<br /> Except as otherwise provided in this section, the Contractor hereby agrees to save, hold
<br /> harmless, 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
<br /> judgment or arbitration award, in connection with, or arising out of, this Contract, or resulting
<br /> 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. Contractor shall pay any judgment that may
<br /> be obtained against the City, its officers, employees, agents or third persons in such suit. The
<br /> Contractor's obligations under this paragraph shall not apply to loss, claims, demands, suits,
<br /> damage, or liability caused by the sole negligence of the City. If (1) RCW 4.24.115 applies to a
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