Laserfiche WebLink
CONTRACT <br />2025 FEDERAL OVERLAY, W MUKILTEO BLVD – GLENWOOD AVE TO DOGWOOD DR <br />PAGE 3 OF 4 <br />WORK ORDER #3842 April 15, 2025 FEDERAL AID# NHPP-2776(011) <br />7. Insurance. The Contractor shall purchase and maintain such insurance as set forth in theContract Documents. Failure to maintain such insurance shall be a material breach of theContract. The City shall be entitled to damages for such a breach that include, but are notlimited to, any loss (including, but not limited to, third party litigation expenses and professionalfees) suffered by the City if the City is determined to be solely or concurrently negligent, and ifthe City suffers any loss or must pay or defend against any such claim, suit, demand or damageas a result of such breach. <br />8. Waiver of Industrial Insurance Immunity. Contractor waives any right of contributionagainst the City. It is agreed and mutually negotiated that in any and all claims against theCity, its agents or employees, the Contractor, a subcontractor, anyone directly or indirectlyemployed by the Contractor or subcontractor, or anyone for whose acts any of them may beliable, the defense and indemnification obligations hereunder shall not be limited in any way byany limitation on the amount of damages, compensation, or benefits payable by or for theContractor or any subcontractor under industrial worker’s compensation acts, disability benefitacts, or other employees’ benefit acts. Contractor’s and City’s signatures hereto indicatespecific waiver of Contractor’s industrial insurance immunity in order to fulfill the indemnitieshereunder. Solely for the purpose of indemnification and defense as provided in this Contract,the Contractor specifically waives any immunity under the State Industrial Insurance Law, Title51 RCW. The Contractor expressly acknowledges that this waiver of immunity under Title 51RCW was the subject of mutual negotiation and was specifically entered into pursuant to theprovisions of RCW 4.24.115. <br />9. Repair of Damage. The Contractor agrees to repair and replace all property of the Cityand all property of others damaged by it, its employees, subcontractors, suppliers and agents. <br />10. Pre-Bid Inspection and Risk of Loss. It is understood that the whole of the work underthis contract is to be done at the Contractor’s risk and that: (1) prior to submitting its proposalor bid, it became familiar with the conditions of excavation, subsurface, backfill, materials,climatic conditions, location, traffic, and other contingencies that may affect the work and hasmade its bid or proposal accordingly and (2) that it assumes the responsibility and risk of allloss or damage to materials or work that may arise from any cause whatsoever prior tocompletion. <br />11. Headings for Convenience Only. The headings in this document are for convenienceonly, and shall not be used or considered to interpret or construe this document. <br />12. Effective Date. This Contract is effective as of the date of the last person to sign it, andmay be executed in multiple counterparts, each of which shall be deemed an original. ThisContract may be signed with AdobeSign, and any such signature is fully binding. <br />[Remainder of Page Intentionally Left Blank]