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<br />3 <br /> <br />2. Retainage (Chapter 60.28 RCW). Five percent (5%) of amounts due Contractor shall be retained <br />and withheld to comply with RCW Chap. 60.28. Retained amounts shall only be released: (A) as <br />required by law or (B) sixty (60) days after completion of all Work if there are no claims against <br />the retained funds. <br />3. Indemnification/Waiver of Industrial Insurance Immunity (RCW 4.24.115). To the extent of <br />Contractor’s negligence, Contractor shall hold harmless, defend, and indemnify the City, its <br />officers, employees, and agents from any and all losses and claims arising from or relating to <br />the Project. Solely and expressly for the purpose of its duties to indemnify and defend and hold <br />harmless the City, Contractor specifically waives any immunity it may have under the State <br />Industrial Insurance Law, Title 51 RCW. Contractor recognizes that this waiver of immunity <br />under Title 51 RCW was specifically entered into pursuant to the provisions of RCW 4.24.115 <br />and was the subject of mutual negotiation. <br />4. Performance and Payment Bonds (RCW 39.08.010). Contractor has requested, and the City has <br />agreed, that the City will, in lieu of the bond(s), retain 10% of the contract price under <br />39.08.010(3). <br />5. Prevailing Wages (Chapter 39.12 RCW). The wage rates to be paid to all laborers, workers, and <br />mechanics who perform any part of this Contract shall not be less than the prevailing wage <br />rates as required by Chapter 39.12 RCW. This requirement applies to laborers, workers, and <br />mechanics whether they are employed by the Contractor, subcontractors, sub -subcontractors, <br />or any other person who performs a portion of the Work contemplated by this Contract. The <br />prevailing wage rates in effect on the Contract effective date are the prevailing wage rates that <br />apply to the Project. Prevailing wage rates applicable to the Project, which is located in <br />Snohomish County, may be found at the following website address for the Department of Labor <br />& Industries: https://lni.wa.gov/licensing-permits/public-works-projects/prevailing-wage- <br />rates/. A copy of the applicable prevailing wage rates is also available for viewing at the City of <br />Everett’s Procurement Office, 2930 Wetmore Ave, Everett, WA 98201. Upon request, the City <br />of Everett will mail a hard copy of the applicable prevailing wages for the Project. <br />6. Everett Business License (EMC 3.19.025). The Contractor must maintain a City of Everett <br />Business License. <br />7. General Compliance with Law and Equal Opportunity. The Contractor shall comply with all <br />federal, state, and local laws and regulations applicable to the work to be done under this <br />Contract. Without limiting the foregoing, Contractor shall not discriminate against any <br />employee, applicant for employment, or other person on the basis of race, color, religion, sex, <br />age, disability, marital state, national origin, or other circumstance prohibited by applicable <br />federal, state, or local law or ordinance. The Contractor 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 />8.. Insurance Requirements. <br />A. The Contractor shall comply with the following conditions and procure and keep in force <br />during the term of this Contract, at the Contractor’s own cost and expense, the <br />following policies of insurance with companies authorized to do business in the State of