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City of Everett 00 52 13 - 6 <br />PGSF WMVD Storm and Combined Sewer - Construction Package 2 WO# UP-3815-02 <br />00 52 13 - 6 CONTRACT <br />11. Waiver of Industrial Insurance Immunity. Contractor waives any right of <br />contribution against the City. It is agreed and mutually negotiated that in any and all <br />claims against the City, its agents or employees, the Contractor, a subcontractor, <br />anyone directly or indirectly employed by the Contractor or subcontractor, or anyone for <br />whose acts any of them may be liable, the defense and indemnification obligations <br />hereunder shall not be limited in any way by any limitation on the amount of damages, <br />compensation, or benefits payable by or for the Contractor or any subcontractor under <br />industrial worker’s compensation acts, disability benefit acts, or other employees’ <br />benefit acts. Contractor’s and City’s signatures hereto indicate specific waiver of <br />Contractor’s industrial insurance immunity in order to fulfill the indemnities hereunder. <br />Solely for the purpose of indemnification and defense as provided in this Contract, the <br />Contractor specifically waives any immunity under the State Industrial Insurance Law, <br />Title 51 RCW. The Contractor expressly acknowledges that this waiver of immunity <br />under Title 51 RCW was the subject of mutual negotiation and was specifically entered <br />into pursuant to the provisions of RCW 4.24.115. <br />12. 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 />13. 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 />14. 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 />15. 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 />16. 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 />