2025/11/19 Council Agenda Packet

City of Everett 00 52 13 - 5 Port Gardner Storage Facility – Facility Construction Package WO# UP-3525 00 52 13 - 5 AGREEMENT FORM industrial worker’s compensation acts, disability benefit acts, or other employees’ benefit acts. Contractor’s and City’s signatures hereto indicate specific waiver of Contractor’s industrial insurance immunity in order to fulfill the indemnities hereunder. 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, Title 51 RCW. The Contractor expressly acknowledges that this waiver of immunity under Title 51 RCW was the subject of mutual negotiation and was specifically entered into pursuant to the provisions of RCW 4.24.115. 12. Repair of Damage. The Contractor agrees to repair and replace all property of the City and all property of others damaged by it, its employees, subcontractors, suppliers and agents. 13. Pre-Bid Inspection and Risk of Loss. It is understood that the whole of the work under this contract is to be done at the Contractor’s risk and that: (1) prior to submitting its proposal or 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 has made its bid or proposal accordingly and (2) that it assumes the responsibility and risk of all loss or damage to materials or work that may arise from any cause whatsoever prior to completion. 14. Headings for Convenience Only. The headings in this document are for convenience only, and shall not be used or considered to interpret or construe this document. 15. Effective Date/Counterparts/Signature. This Contract is effective as of the date of the last person to sign it, and may be executed in multiple counterparts, each of which shall be deemed an original. This Contract may be signed with AdobeSign, and any such signature is fully binding. 16. Third-Party Beneficiary. All parties agree that the State of Washington shall be, and is hereby, named as an express third-party beneficiary of this contract, with full rights as such. [Remainder of Page Intentionally Left Blank]