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<br />2025 FEDERAL OVERLAY, W MUKILTEO BLVD – GLENWOOD AVE TO DOGWOOD DR <br /> PAGE 3 OF 5 CONTRACT <br />WORK ORDER #3842 April 15, 2025 FEDERAL AID# NHPP-2776(011) <br /> <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 /> <br />8. 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 <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 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 /> <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. This <br />Contract may be signed with AdobeSign, and any such signature is fully binding. <br /> <br />[Remainder of Page Intentionally Left Blank]