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Beverly Lake Water Quality Retrofit Division C - CONTRACT
<br />C. As used in this section: (1) “City” includes the City’s officers, employees, agents, and representatives;
<br />(2) “Claims” include all losses, claims, demands, expenses (including, but not limited to, attorney’s fees
<br />and litigation expenses), suits, judgments, or damage, whether threatened, asserted or filed against the
<br />City, whether such Claims sound in tort, contract, or any other legal theory, whether such Claims have
<br />been reduced to judgment or arbitration award, irrespective of the type of relief sought or demanded
<br />(such as money or injunctive relief), and irrespective of the type of damage alleged (such as bodily injury,
<br />damage to property, economic loss, general damages, special damages, or punitive damages); and (3)
<br />“Contractor” includes Contractor, its employees, agents, representatives and subcontractors. If, and to
<br />the extent, Contractor employs or engages subcontractors, then Contractor shall ensure that each such
<br />subcontractor (and subsequent tiers of subcontractors) shall expressly agree to defend and indemnify
<br />and hold harmless the City to the extent and on the same terms and conditions as the Contractor
<br />pursuant to this section.
<br />9. Insurance. The Contractor shall purchase and maintain such insurance as set forth in the Contract
<br />Documents. Failure to maintain such insurance shall be a material breach of the Contract. The City shall
<br />be entitled to damages for such a breach that include, but are not limited to, any loss (including, but not
<br />limited to, third party litigation expenses and professional fees) suffered by the City if the City is
<br />determined to be solely or concurrently negligent, and if the City suffers any loss or must pay or defend
<br />against any such claim, suit, demand or damage as a result of such breach.
<br />9. Waiver of Industrial Insurance Immunity. Contractor waives any right of contribution against the
<br />City. It is agreed and mutually negotiated that in any and all claims against the City, its agents or
<br />employees, the Contractor, a subcontractor, anyone directly or indirectly employed by the Contractor
<br />or subcontractor, or anyone for whose acts any of them may be liable, the defense and indemnification
<br />obligations hereunder shall not be limited in any way by any limitation on the amount of damages,
<br />compensation, or benefits payable by or for the Contractor or any subcontractor under industrial
<br />worker’s compensation acts, disability benefit acts, or other employees’ benefit acts. Contractor’s and
<br />City’s signatures hereto indicate specific waiver of Contractor’s industrial insurance immunity in order
<br />to fulfill the indemnities hereunder. Solely for the purpose of indemnification and defense as provided
<br />in this Contract, the Contractor specifically waives any immunity under the State Industrial Insurance
<br />Law, Title 51 RCW. The Contractor expressly acknowledges that this waiver of immunity under Title 51
<br />RCW was the subject of mutual negotiation and was specifically entered into pursuant to the provisions
<br />of RCW 4.24.115.
<br />10. Repair of Damage. The Contractor agrees to repair and replace all property of the City and all
<br />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 under this contract
<br />is to be done at the Contractor’s risk and that: (1) prior to submitting its proposal or bid, it became
<br />familiar with the conditions of excavation, subsurface, backfill, materials, climatic conditions, location,
<br />traffic, and other contingencies that may affect the work and has made its bid or proposal accordingly
<br />and (2) that it assumes the responsibility and risk of all loss or damage to materials or work that may
<br />arise from any cause whatsoever prior to completion.
<br />12. Headings for Convenience Only. The headings in this document are for convenience only, and shall
<br />not be used or considered to interpret or construe this document.
<br />13. Effective Date. This Contract is effective as of the date of the last person to sign it, and may be
<br />executed in multiple counterparts, each of which shall be deemed an original.
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