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<br /> K. Insurance. I
<br /> 1. The Contractor shall purchase and maintain such insurance as will protect it from any and all
<br /> claims, suits, demands, damages, or liability arising out of, or in connection with,this Contract, or
<br /> resulting from Contractor's (or its subcontractor's or supplier's) performance of, or failure to
<br /> perform, its express and implied obligations under the Contract, including, but not limited to such
<br /> claims as may arise out of or result from the Contractor's operations under the Contract, whether
<br /> such operations be by itself, any subcontractor or supplier, by anyone directly or indirectly
<br /> employed by any of them,or 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 less than
<br /> $2,000,000.
<br /> 3. The Contractor's policies shall endorse the City, including its officers, employees, agents and
<br /> representatives,as additional insureds.
<br /> 4. The Contractor shall comply with the insurance requirements set forth in the Contract 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 loss
<br /> (including, but not limited to, third party litigation expenses and professional fees) suffered by the
<br /> City if the City is determined to be solely or concurrently negligent, and if the City suffers any
<br /> loss or must pay or defend against any such claim, suit, demand or damage as a result of such
<br /> breach.
<br /> L. 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 or
<br /> employees, the Contractor, a subcontractor, anyone directly or indirectly employed by the
<br /> Contractor or subcontractor, or anyone for whose acts any of them may be liable,the defense and
<br /> indemnification obligations hereunder shall not be limited in any way by any limitation on the
<br /> amount of damages, compensation, or benefits payable by or for the Contractor or any
<br /> subcontractor under industrial worker's compensation acts, disability benefit acts, or other
<br /> employees' benefit acts.
<br /> 3. Contractor's and City's signatures hereto indicate specific waiver of Contractor's industrial
<br /> insurance immunity in order to fulfill this indemnity.
<br /> 4. Solely for the purpose of indemnification and defense as provided in this Contract,the Contractor
<br /> specifically waives any immunity under the State Industrial Insurance Law,Title 51 RCW.
<br /> 5. The Contractor expressly acknowledges that this waiver of immunity under Title 51 RCW was the
<br /> subject of mutual negotiation and was specifically entered into pursuant to the provisions of RCW
<br /> 4.24.115.
<br /> M. Repair of Damage.
<br /> 1. The Contractor agrees to repair and replace all property of the City and all property of others
<br /> damaged by it, its employees,subcontractors, suppliers and agents.
<br /> N. 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 Contractor's risk
<br /> and that:
<br /> a. prior to submitting its it became familiar with the conditions of excavation, subsurface,
<br /> backfill, materials, climatic conditions, location, traffic, and other contingencies that may
<br /> affect the work and has made its bid accordingly and
<br /> b. that it assumes the responsibility and risk of all loss or damage to materials or work that
<br /> may arise from any cause whatsoever prior to completion.
<br /> 10023829 City of Everett Public Works July 2018
<br /> WPCF FEN Chlorination Building Upgrade Work Order 3614
<br /> CONTRACT
<br /> 00 60 13-4 Issue for Bid
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