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General Provisions - 7
<br />example, potholing or drilling for geotechnical investigations), all wages to workers, laborers, or
<br />mechanics employed in the performance of such work shall be not less than prevailing wages
<br />under chapter 39.12 RCW. State of Washington prevailing wage rates published by the
<br />Washington State Department of Labor and Industries (L&I) are obtainable from the L&I website
<br />address: https://www.lni.wa.gov/licensing-permits/public-works-projects/prevailing-wage-
<br />rates/, and the effective prevailing wage date is the same date as the date of last signature on this
<br />Agreement. A copy of the applicable prevailing wage rates are also available for viewing at
<br />Owner’s office located at City of Everett Public Works, 3200 Cedar St, Everett, WA, and the City
<br />will mail a hard copy of the prevailing wage rates upon written request.
<br />19.Compliance with the Washington State Public Records Act. Service Provider acknowledges that
<br />the City is subject to the Public Records Act, chapter 42.56 RCW (the “Act”). All records owned,
<br />used or retained by the City are public records subject to disclosure unless exempt under the Act,
<br />whether or not such records are in the possession or control of the City or Service Provider.
<br />Service Provider shall cooperate with the City so that the City may comply with all of its obligations
<br />under the Act. Within ten (10) days after receipt of notice from the City, Service Provider shall
<br />deliver to the City copies of all records relating to this Agreement or relating to the Work that the
<br />City determines qualify as the City’s public records under the Act. If the City receives a public
<br />records request relating to this Agreement or relating to the Work, the City shall seek to provide
<br />notice to Service Provider at least ten (10) days before the City releases records pursuant to such
<br />public records request, but in no event will the City have any liability to Service Provider for any
<br />failure of the City to provide such notice. In addition to its other indemnification and defense
<br />obligations under this Agreement, Service Provider shall indemnify and defend the City from and
<br />against any and all losses, penalties, fines, claims, demands, expenses (including, but not limited
<br />to, attorney’s fees and litigation expenses), suits, judgments, or damage arising from or relating
<br />to any failure of Service Provider to comply with this Section.
<br />20.Compliance with Grant/Loan Terms and Conditions. Service Provider shall comply with any and
<br />all terms, conditions, terms and requirements of any federal, state or other agency grant or loan
<br />that wholly or partially funds Service Provider’s work hereunder. If the grant or loan requires that
<br />the agency be a third-party beneficiary to this Agreement, then the agency is a third party
<br />beneficiary to this Agreement.
<br />21.Equal Employment Opportunity. Service Provider shall not discriminate against any employee,
<br />applicant for employment, or other person on the basis of race, color, religion, sex, age,
<br />disability, marital state, or national origin or other circumstance prohibited by applicable
<br />federal, state, or local law or ordinance. Service Provider shall comply with and shall not violate
<br />any applicable provisions of Chapter 49.60 RCW, Title VI of the Civil Rights Act of 1964, and all
<br />applicable federal, state, or local law or ordinance regarding non-discrimination.
<br />22.Waiver. Any waiver by Service Provider or the City or the breach of any provision of this
<br />Agreement by the other party will not operate, or be construed, as a waiver of any subsequent
<br />breach by either party or prevent either party from thereafter enforcing any such provisions.
<br />23.Complete Agreement. This Agreement contains the complete and integrated understanding and
<br />agreement between the parties and supersedes any understanding, agreement or negotiation
<br />whether oral or written not set forth herein. The title of this Agreement and the headings used in
<br />this Agreement, are for ease of reference only and shall not in any way be construed to limit or
<br />alter the meaning of any provision.
<br />24.Modification of Agreement. This Agreement may only be modified as provided in Section 8, or
<br />by a writing explicitly identified as a modification or amendment of this Agreement that is signed
<br />by authorized representatives of the City and Service Provider.
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