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City of Everett 00 5213 - 4 <br /> <br /> <br />Agreement Form <br />005213-4 202082-10 May 2024 <br />pw://Carollo/Documents/WA/Everett/202082-100000/04 Design/04 Specs/Carollo/005213 (FS-100) <br /> <br />other employees’ benefit acts. Contractor’s and City’s signatures hereto indicate specific waiver <br />of Contractor’s industrial insurance immunity in order to fulfill the indemnities hereunder. Solely <br />for the purpose of indemnification and defense as provided in this Contract, the Contractor <br />specifically waives any immunity under the State Industrial Insurance Law, Title 51 RCW. The <br />Contractor expressly acknowledges that this waiver of immunity under Title 51 RCW was the <br />subject of mutual negotiation and was specifically entered into pursuant to the provisions of <br />RCW 4.24.115. <br />8. Repair of Damage. The Contractor agrees to repair and replace all property of the City and <br />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 this <br />contract is to be done at the Contractor’s risk and that: (1) prior to submitting its proposal or bid, <br />it became familiar with the conditions of excavation, subsurface, backfill, materials, climatic <br />conditions, location, traffic, and other contingencies that may affect the work and has made its <br />bid or proposal accordingly and (2) that it assumes the responsibility and risk of all loss or <br />damage to materials or work that may arise from any cause whatsoever prior to completion. <br />10. Headings for Convenience Only. The headings in this document are for convenience only, <br />and shall not be used or considered to interpret or construe this document. <br />11. Effective Date/Counterparts/Signature. This Contract is effective as of the date of the last <br />person to sign it, and may be executed in multiple counterparts, each of which shall be deemed <br />an original. This Contract may be signed with AdobeSign, and any such signature is fully <br />binding.