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<br />Everett Mall Bus Platform DIVISION C-CONTRACT
<br />WO No – MALLSTN/24462
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<br />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
<br />as bodily injury, damage to property, economic loss, general damages, special
<br />damages, or punitive damages); and (3) “Contractor” includes Contractor, its employees,
<br />agents, representatives and subcontractors. If, and to the extent, Contractor employs or
<br />engages subcontractors, then Contractor shall ensure that each such subcontractor (and
<br />subsequent tiers of subcontractors) shall expressly agree to defend and indemnify and
<br />hold harmless the City to the extent and on the same terms and conditions as the
<br />Contractor pursuant to this section.
<br />9. Insurance. The Contractor shall purchase and maintain such insurance as set forth in the
<br />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 professional
<br />fees) suffered by the City if the City is determined to be solely or concurrently negligent, and if
<br />the City suffers any loss or must pay or defend against any such claim, suit, demand or damage
<br />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 employed
<br />by the Contractor or subcontractor, or anyone for whose acts any of them may be liable, the
<br />defense and indemnification obligations hereunder shall not be limited in any way by any
<br />limitation on the amount of damages, compensation, or benefits payable by or for the Contractor
<br />or any subcontractor under industrial worker’s compensation acts, disability benefit acts, or
<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 />11. 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 />12. 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 or
<br />bid, 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 />13. 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 />14. 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. This
<br />Contract may be signed with AdobeSign, and any such signature is fully binding.
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