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<br />CITY OF EVERETT – WEST MARINE VIEW DRIVE/ALVERSON AND 41ST ST/GRAND AVE
<br />PEDESTRIAN IMPROVEMENTS
<br />STATE FUND# HLP-PB15(032) 2
<br />WO #3630
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<br />5. Withholding. Except as provided by RCW 60.28.011(1)(b), five percent (5%) of amounts due Contractor shall be
<br />retained and withheld to comply with RCW Chap. 60.28. Retained amounts shall only be released (A) as required
<br />by law or (B) 60 days after completion of all contract work if there are no claims against retained funds. In cases
<br />where all contract work other than landscaping is completed, retained amounts other than the five percent earned
<br />for landscaping, shall be released within 60 days of completion as may be required by applicable law. Within 30
<br />days of accepting a retainage bond, the bonded portion of the retained funds shall be released as may be required
<br />by applicable law.
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<br />6. Compliance with Employment and Wage Laws. Contractor agrees to comply with all state and federal laws
<br />relating to the employment of labor and wage rates to be paid.
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<br />7. RCW 35.33.650. Contractor shall actively and in good faith solicit the employment of minority group members
<br />and bids for the supply of goods or subcontracting of services from qualified minority businesses. Contractor shall
<br />consider granting contracts to possible minority suppliers and subcontractors on the basis of substantially equal
<br />proposals in the light most favorable to the minority businesses. Contractor shall furnish evidence of its compliance
<br />with these requirements. As used in this section, the term “minority business” means a business at least fifty-one
<br />percent (51%) of which is owned by minority group members. Minority group members include, but are not limited
<br />to, African-Americans, Women, Native Americans, Asian/Pacific Islander-Americans, and Hispanic-Americans.
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<br />8. Indemnification.
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<br />A. Contractor will defend, indemnify and hold harmless the City from any and all Claims arising out of or relating to
<br />any acts, errors, omissions, or conduct by Contractor in connection with its performance of this Contract, including
<br />without limitation (and without limiting the generality of the foregoing) all Claims resulting from Contractor’s
<br />performance of, or failure to perform, its express and implied obligations under the Contract. The Contractor will
<br />defend and indemnify and hold harmless the City whether a Claim is asserted directly against the City, or whether
<br />a Claim is asserted indirectly against the City, e.g., a Claim is asserted against someone else who then seeks
<br />contribution or 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 City retains the
<br />right to approve Claims investigation and counsel assigned to said Claim and all investigation and legal work
<br />regarding said Claim shall be performed under a fiduciary relationship to the City. This Section 8 is in addition to
<br />any other defense or indemnity or hold harmless obligation in the Contract Documents.
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<br />B. The Contractor’s obligations under this Section 8 shall not apply to Claims caused by the sole negligence of the
<br />City. If (1) RCW 4.24.115 applies to a particular Claim, and (2) such Claim is caused by or results from the concurrent
<br />negligence of (a) the Contractor and (b) the City, then the Contractor’s liability under this Section 8 shall be only to
<br />the extent of Contractor’s negligence.
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<br />C. As used in this section: (1) “City” includes the City’s officers, employees, agents, and representatives; (2) “Claims”
<br />include all losses, claims, demands, expenses (including, but not limited to, attorney’s fees and litigation expenses),
<br />suits, judgments, or damage, whether threatened, asserted or filed against the City, whether such Claims sound in
<br />tort, contract, or any 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 irrespective of the
<br />type of damage alleged (such as bodily injury, damage to property, economic loss, general damages, special
<br />damages, or punitive damages); and (3) “Contractor” includes Contractor, its employees, agents, representatives
<br />and subcontractors. If, and to the extent, Contractor employs or engages subcontractors, then Contractor shall
<br />ensure that each such subcontractor (and subsequent tiers of subcontractors) shall expressly agree to defend and
<br />indemnify and hold harmless the City to the extent and on the same terms and conditions as the Contractor pursuant
<br />to this section.
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<br />9. Insurance. The Contractor shall purchase and maintain such insurance as set forth in the Contract Documents.
<br />Failure to maintain such insurance shall be a material breach of the Contract. The City shall be entitled to damages
<br />for such a breach that include, but are not limited to, any loss (including, but not limited to, third party litigation
<br />expenses and professional fees) suffered by the City if the City is determined to be solely or concurrently negligent,
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