Laserfiche WebLink
1 <br /> out of or result from the Contractor's operations under the Contract, whether such operations be by itself, <br /> any subcontractor or supplier, by anyone directly or indirectly employed by any of them, or by anyone for <br /> whose acts any of them may be liable. The Contractor's policies shall endorse the City, including its <br /> ' officers, employees, agents and representatives, as additional insureds. The Contractor shall comply with <br /> the insurance requirements set forth in the Contract Documents. Failure to maintain such insurance shall <br /> be a material breach of the Contract. City shall be entitled to damages for such a breach that include, but <br /> are not limited to, any loss (including, but not limited to, third party litigation expenses and professional <br /> ' fees) suffered by the City if the City is determined to be solely or concurrently negligent, and if the City <br /> suffers any loss or must pay or defend against any such claim, suit, demand or damage as a result of such <br /> breach. <br /> 9. Waiver of Industrial Insurance Immunity. Contractor waives any right of contribution against the <br /> City. It is agreed and mutually negotiated that in any and all claims against the City, its agents or <br /> employees, the Contractor, a subcontractor, anyone directly or indirectly employed by the Contractor or <br /> subcontractor, or anyone for whose acts any of them may be liable, the defense and indemnification <br /> obligations 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 industrial worker's <br /> compensation acts, disability benefit acts, or other employees' benefit acts. Contractor's and City's <br /> signatures hereto indicate specific waiver of Contractor's industrial insurance immunity in order to fulfill <br /> this indemnity. 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, Title 51 RCW. <br /> The Contractor expressly acknowledges that this waiver of immunity under Title 51 RCW was the subject <br /> of mutual negotiation and was specifically entered into pursuant to the provisions of RCW 4.24.115. <br /> 10. Repair of Damage. The Contractor agrees to repair and replace all property of the City and all <br /> property of others damaged by it, its employees, subcontractors, suppliers and agents. <br /> 11. Pre-Bid Inspection and Risk of Loss. It is understood that the whole of the work under this contract <br /> is to be done at the Contractor's risk and that: (1)prior to submitting its proposal or bid, it became familiar <br /> with the conditions of excavation, subsurface,backfill,materials,climatic conditions, location,traffic,and <br /> other contingencies that may affect the work and has made its bid or proposal accordingly and (2) that it <br /> assumes the responsibility and risk of all loss or damage to materials or work which may arise from any <br /> cause whatsoever prior to completion. <br /> 12. Headings for Convenience Only. The headings in this document are for convenience only, and shall <br /> not be used or considered to interpret or construe this document. <br /> 13. Effective Date. This Contract is effective as of the date of the last person to sign it, and may be <br /> executed in multiple counterparts, each of which shall be deemed an original. <br /> I <br /> I <br /> 1 <br /> Watermain Replacement"T" Division C -CONTRACT October 10, 2018 <br /> WO No. - UP3684 SP— 35 <br />