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City of Everett 00 52 13 - 5 <br />Port Gardner Storage Facility – Facility Construction Package WO# UP-3525 <br /> <br /> <br />00 52 13 - 5 AGREEMENT FORM <br />11. Repair of Damage. The Contractor agrees to repair and replace all property of <br />the City and all property of others damaged by it, its employees, subcontractors, <br />suppliers and agents. <br />12. Pre-Bid Inspection and Risk of Loss. It is understood that the whole of the <br />work under this contract is to be done at the Contractor’s risk and that: (1) prior to <br />submitting its proposal or bid, it became familiar with the conditions of excavation, <br />subsurface, backfill, materials, climatic conditions, location, traffic, and other <br />contingencies that may affect the work and has made its bid or proposal accordingly <br />and (2) that it assumes the responsibility and risk of all loss or damage to materials or <br />work that may arise from any cause whatsoever prior to completion. <br />13. Headings for Convenience Only. The headings in this document are for <br />convenience only, and shall not be used or considered to interpret or construe this <br />document. <br />14. Effective Date/Counterparts/Signature. This Contract is effective as of the <br />date of the last person to sign it, and may be executed in multiple counterparts, each of <br />which shall be deemed an original. This Contract may be signed with AdobeSign, and <br />any such signature is fully binding. <br /> <br />14. Third-Party Beneficiary. All parties agree that the State of Washington shall be, <br />and is hereby, named as an express third-party beneficiary of this contract, with full <br />rights as such. <br /> <br />[Remainder of Page Intentionally Left Blank] <br />