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CITY OF EVERETT PUBLIC WORKS <br /> SPECIAL PROVISIONS <br /> including, but not limited to such claims as may arise out of or result from the <br /> Contractor's operations under the Contract, whether such operations be by itself, any <br /> subcontractor or supplier, by anyone directly or indirectly employed by any of them, or <br /> by anyone for whose acts any of them may be liable. <br /> 2. If not specified elsewhere in the Contract, such insurance shall provide coverage at no <br /> less than $2,000,000. <br /> 3. The Contractor's policies shall endorse the City, including its officers, employees, agents <br /> and representatives, as additional insureds. <br /> 4. The Contractor shall comply with the insurance requirements set forth in the Contract <br /> Documents. <br /> 5. Failure to maintain such insurance shall be a material breach of the Contract. <br /> 6. City shall be entitled to damages for such a breach that include,but are not limited to, any <br /> loss (including, but not limited to, third party litigation expenses and professional fees) <br /> suffered by the City if the City is determined to be solely or concurrently negligent, and if <br /> the City suffers any loss or must pay or defend against any such claim, suit, demand or <br /> damage as a result of such breach. <br /> K. Waiver of Industrial Insurance Immunity. <br /> 1. Contractor waives any right of contribution against the City. <br /> 2. It is agreed and mutually negotiated that in any and all claims against the City, its agents <br /> or employees, the Contractor, a subcontractor, anyone directly or indirectly employed by <br /> the Contractor or subcontractor, or anyone for whose acts any of them may be liable, the <br /> defense and indemnification obligations hereunder shall not be limited in any way by any <br /> limitation on the amount of damages, compensation, or benefits payable by or for the <br /> Contractor or any subcontractor under industrial worker's compensation acts, disability <br /> benefit acts, or other employees' benefit acts. <br /> 3. Contractor's and City's signatures hereto indicate specific waiver of Contractor's <br /> industrial insurance immunity in order to fulfill this indemnity. <br /> 4. 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. <br /> 5. The Contractor expressly acknowledges that this waiver of immunity under Title 51 <br /> RCW was the subject of mutual negotiation and was specifically entered into pursuant to <br /> the provisions of RCW 4.24.115. <br /> L. Repair of Damage. <br /> 1. 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 /> M. Pre-Bid Inspection and Risk of Loss. <br /> 1. It is understood that the whole of the work under this contract is to be done at the <br /> Contractor's risk and that: <br /> a. prior to submitting Contractor's Bid, Contractor became familiar with the <br /> conditions of excavation, subsurface, backfill, materials, climatic conditions, <br /> location, traffic, and other contingencies that may affect the work and has made its <br /> bid accordingly and <br /> b. that Contractor assumes the responsibility and risk of all loss or damage to <br /> materials or work that may arise from any cause whatsoever prior to completion. <br /> N. Headings for Convenience Only. <br /> WFP Operations Building Seismic Retrofit- Rebid January 6, 2017 <br /> WO#UP3600 006013 -4 <br />