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<br />Fulton Street Pedestrian Bicycle Corridor PAGE 3 OF 9 CONTRACT <br />FEDERAL AID # Tap-0420(26) <br />WORK ORDER #3785 September 6, 2024 <br /> <br />City, 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 b e 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. Contrac tor’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 immuni ty 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 /> <br />9. 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 /> <br />10. 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 <br />loss or damage to materials or work that may arise from any cause whatsoever prior to <br />completion. <br /> <br />11. Headings for Convenience Only . The headings in this document are for convenience <br />only, and shall not be used or considered to interpret or construe this document. <br /> <br />12. Effective Date. This Contract is effective as of the date of the last person to sign it, and <br />may be executed in multiple counterparts, each of which shall be deemed an original. <br /> <br /> <br />