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RRFB PEDESTRIAN SAFETY October 31, 2025 <br />STATE FUND # HLP-PB25(004) <br />WO 3807 <br />Page 3 of 4 <br />10. Waiver of Industrial Insurance Immunity. Contractor waives any right of contribution against the City. It is <br />agreed and mutually negotiated that in any and all claims against the City, its agents or employees, the Contractor, <br />a subcontractor, anyone directly or indirectly employed by the Contractor or subcontractor, or anyone for whose <br />acts any of them may be liable, the defense and indemnification obligations hereunder shall not be limited in any <br />way by any limitation on the amount of damages, compensation, or benefits payable by or for the Contractor or <br />any subcontractor under industrial workers compensation acts, disability benefit acts, or other employees benefit <br />acts. Contractors and Citys signatures hereto indicate specific waiver of Contractors industrial insurance immunity <br />in order to fulfill the indemnities hereunder. Solely for the purpose of indemnification and defense as provided in <br />this Contract, the Contractor specifically waives any immunity under the State Industrial Insurance Law, Title 51 <br />RCW. The Contractor expressly acknowledges that this waiver of immunity under Title 51 RCW was the subject of <br />mutual negotiation and was specifically entered into pursuant to the provisions of RCW 4.24.115. <br />11. Repair of Damage. The Contractor agrees to repair and replace all property of the City and all property of <br />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 this contract is to be <br />done at the Contractors risk and that: (1) prior to submitting its proposal or bid, it became familiar with the <br />conditions of excavation, subsurface, backfill, materials, climatic conditions, location, traffic, and other <br />contingencies that may affect the work and has made its bid or proposal accordingly and (2) that it assumes the <br />responsibility and risk of all loss or damage to materials or work which may arise from any cause whatsoever prior <br />to completion. <br />13. Headings for Convenience Only. The headings in this document are for convenience only, and shall not be <br />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 may be executed in <br />multiple counterparts, each of which shall be deemed an original. This Contract may be signed with AdobeSign, <br />and any such signature is fully binding. <br />[Remainder of Page Intentionally Left Blank]