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<br />Beverly Lake Water Quality Retrofit Division C - CONTRACT August 2023
<br />Work Order # UP3745 SP – 39
<br />City, then the Contractor’s liability under this Section 8 shall be only to the extent of the
<br />Contractor’s negligence.
<br />C. As used in this section: (1) “City” includes the City’s officers, employees, agents, and
<br />representatives; (2) “Claims” include all losses, claims, demands, expenses (including, but not
<br />limited to, attorney’s fees and litigation expenses), suits, judgments, or damage, whether
<br />threatened, asserted or filed against the City, whether such Claims sound in tort, contract, or
<br />any other legal theory, whether such Claims have been reduced to judgment or arbitration
<br />award, irrespective of the type of relief sought or demanded (such as money or injunctive
<br />relief), and irrespective of the type of damage alleged (such as bodily injury, damage to
<br />property, economic loss, general damages, special damages, or punitive damages); and (3)
<br />“Contractor” includes Contractor, its employees, agents, representatives and subcontractors.
<br />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
<br />agree to defend and indemnify and hold harmless the City to the extent and on the same
<br />terms and conditions as the Contractor pursuant to this section.
<br />9. Insurance. The Contractor shall purchase and maintain such insurance as set forth in the
<br />Contract Documents. Failure to maintain such insurance shall be a material breach of the
<br />Contract. The City shall be entitled to damages for such a breach that include, but are not
<br />limited to, any loss (including, but not limited to, third party litigation expenses and
<br />professional fees) suffered by the City if the City is determined to be solely or concurrently
<br />negligent, and if the City suffers any loss or must pay or defend against any such claim, suit,
<br />demand or damage as a result of such breach.
<br />9. Waiver of Industrial Insurance Immunity. Contractor waives any right of
<br />contribution against the City. It is agreed and mutually negotiated that in any and all claims
<br />against the City, its agents or employees, the Contractor, a subcontractor, anyone directly or
<br />indirectly employed by the Contractor or subcontractor, or anyone for whose acts any of them
<br />may be liable, the defense and indemnification obligations hereunder shall not be limited in
<br />any way by any limitation on the amount of damages, compensation, or benefits payable by or
<br />for the Contractor or any subcontractor under industrial worker’s compensation acts, disability
<br />benefit acts, or other employees’ benefit acts. Contractor’s and City’s signatures hereto
<br />indicate specific waiver of Contractor’s industrial insurance immunity in order to fulfill the
<br />indemnities hereunder. Solely for the purpose of indemnification and defense as provided in
<br />this Contract, the Contractor specifically waives any immunity under the State Industrial
<br />Insurance Law, Title 51 RCW. The Contractor expressly acknowledges that this waiver of
<br />immunity under Title 51 RCW was the subject of mutual negotiation and was specifically
<br />entered into pursuant to the provisions of RCW 4.24.115.
<br />10. Repair of Damage. The Contractor agrees to repair and replace all property of the City
<br />and all property of others damaged by it, its employees, subcontractors, suppliers and agents.
<br />11. Pre-Bid Inspection and Risk of Loss. It is understood that the whole of the work
<br />under this contract is to be done at the Contractor’s risk and that: (1) prior to submitting its
<br />proposal or bid, it became familiar with the conditions of excavation, subsurface, backfill,
<br />materials, climatic conditions, location, traffic, and other contingencies that may affect the
<br />work and has made its bid or proposal accordingly and (2) that it assumes the responsibility
<br />and risk of all loss or damage to materials or work that may arise from any cause whatsoever
<br />prior to completion.
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