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<br /> <br /> <br />18TH STREET PEDESTRIAN IMPROVEMENTS CONTRACT <br />WORK ORDER 3741 Page C3 of C4 July 3, 2024 <br />acts any of them may be liable, the defense and indemnification obligations hereunder shall not be limited in any <br />way by any limitation on the amount of damages, compensation, or benefits payable by or for the Contractor or any <br />subcontractor under industrial worker’s compensation acts, disability benefit acts, or other employees’ benefit acts. <br />Contractor’s and City’s signatures hereto indicate specific waiver of Contractor’s industrial insurance immunity in <br />order to fulfill the indemnities hereunder. Solely for the purpose of indemnification and defense as provided in this <br />Contract, the Contractor specifically waives any immunity under the State Industrial Insurance Law, Title 51 RCW. <br />The Contractor expressly acknowledges that this waiver of immunity under Title 51 RCW was the subject of mutual <br />negotiation and was specifically entered into pursuant to the provisions of RCW 4.24.115. <br /> <br />11. Repair of Damage. The Contractor agrees to repair and replace all property of the City and all property of others <br />damaged by it, its employees, subcontractors, suppliers and agents. <br /> <br />12. Pre-Bid Inspection and Risk of Loss. It is understood that the whole of the work under this contract is to be <br />done at the Contractor’s risk and that: (1) prior to submitting its proposal or bid, it became familiar with the <br />conditions of excavation, subsurface, backfill, materials, climatic conditions, location, traffic, and other <br />contingencies that may affect the work and has made its bid or proposal accordingly and (2) that it assumes the <br />responsibility and risk of all loss or damage to materials or work which may arise from any cause whatsoever prior <br />to completion. <br /> <br />12. Headings for Convenience Only. The headings in this document are for convenience only, and shall not be used <br />or considered to interpret or construe this document. <br /> <br />13. Effective Date. This Contract is effective as of the date of the last person to sign it, and may be executed in <br />multiple counterparts, each of which shall be deemed an original. This Contract may be signed with AdobeSign, and <br />any such signature is fully binding. <br /> <br />[Remainder of Page Intentionally Left Blank] <br />