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WO# UP-3525 <br />Contract (00 5213) - 4 <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 terms <br />and conditions as the Contractor pursuant to this section. <br />9. Insurance. The Contractor shall purchase and maintain such insurance as set forth in <br />the 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 />10 Waiver of Industrial Insurance Immunity. Contractor waives any right of contribution <br />against the City. It is agreed and mutually negotiated that in any and all claims against the City, <br />its agents or employees, the Contractor, a subcontractor, anyone directly or indirectly <br />employed by the Contractor or subcontractor, or anyone for whose acts any of them may be <br />liable, the defense and indemnification obligations hereunder shall not be limited in any way by <br />any limitation on the amount of damages, compensation, or benefits payable by or for the <br />Contractor or any subcontractor under industrial worker’s compensation acts, disability benefit <br />acts, or other employees’ benefit acts. Contractor’s and City’s signatures hereto indicate <br />specific waiver of Contractor’s industrial insurance immunity in order to fulfill the indemnities <br />hereunder. Solely for the purpose of indemnification and defense as provided in this Contract, <br />the Contractor specifically waives any immunity under the State Industrial Insurance Law, Title <br />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 <br />provisions of RCW 4.24.115. <br />8. 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 />9. Pre-Bid Inspection and Risk of Loss. It is understood that the whole of the work under <br />this contract is to be done at the Contractor’s risk and that: (1) prior to submitting its proposal <br />or bid, it became familiar with the conditions of excavation, subsurface, backfill, materials, <br />climatic conditions, location, traffic, and other contingencies that may affect the work and has <br />made its bid or proposal accordingly and (2) that it assumes the responsibility and risk of all loss <br />or damage to materials or work that may arise from any cause whatsoever prior to completion.