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CONTRACT
The term "work" shall mean all work individually and/or collectively performed by the
Contractor
during the project.
Proiect Sites. The work shall be accomplished upon the real property commonly known and
situated on or about the. Grant County District Co rt Facility at -
1525Wheeler Road Moses Lake
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F 11 Cost Less Inc. Contract — Page 1
Subtotal
$27094,16
Was hinaton. State'Sales Tax$227,
5 9.1
Total
$29,1370.07
Rdainage
SO
It is further specifically and expressly understood that the indemnification provided herein
constitutes the Contractor's waiver of 'Immunity under Industrial Tnsurance, title 51 RCW, solely for
the purposes of ]indemnification. This waiver hass been mutually negotiated by the parties. The
provisions of this section shall survive the expiration of term nat on of
I I this contract.
FM2114 Cost Less Inc. Contract — Page 2
Worker's Com0ensation insurance at the lit -nits established by the State of
9. Authori*tv of County. If the Contractor fails to perform the work according to requirements
of the Contract Document the County shall provide written notice of the defi'ency to the Contractor
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and Contractor shall have seven. days to correct the deficiency' thew
in ark. If the Contractor falls to
correct the deficiency ire the world within the seven day period or to take and continue all appropriate
steps to initiate the corrections in the event corrections cannot be reasonablcompelet d in theseven
Y
day period, the County may, without prejudice to other remedies, (a) use County forces
other
contractors, or other means to make orad the Contractor's deficieneand (b) deduct from' the
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Contractor's payments the cost of such effort.
If the County desires to order a change in the work, it may request a written Change Order proposal
from Contractor.Contractor shall submita Change Order proposal within 14 days of the request
from the County, or within such other period as mutually agreed. Contractor's Change Order
proposal shall include full compensation for implementina the proposed change in the work.,
including any adjustment in the contract sum or time of performancel and including compensation
for all delays in connection with such change in the work and for any expense or inconvenience,
disruption of schedule or loss of efficiency. . or productivity o
ccasioned by the change in the work.
F 114 Cost Less Inc. Contract — Page 4
Upon receipt ofthe Change Order proposal, or a request for equitable adjustment in the contract sum
or time of performance, or both, the County may accept or re' ect the proposal, request further
i
documentation, or, negotiate acceptable terms with Contractor, Pen -ding agreement on the terms of
the Change Order, the County may direct Contractor to proceed immediately with the Change Order
work. Contractor shall not proceed with any changethe work until it has- obtained the Co 11tY7 s
I in u
approval. All wori done pursuant to any County-directe,d change in the work shall be executed in
accordance with the Contract.,
een the: p
16. Entire Agreement. The Contract embodies the entire agreement betw artiesall other
agreements, oral or written, are hereby merged into and superseded by the Contract. There are no
other a affect the terms h n.t �. be binding
greements, which modify or hereof' No am.endme hereto shall
unless the terms thereof are in writing signed by both p *es. Time is of the essence. No verbal or
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other agreements modify or affect the Contract.
17. Explanation of Documents. The Contract been fully reviewed by the Contractor. The
Contractor has had the opportunity to consult with legal counselas to the legal effect, of the Contract.
Notices. All notices which may be required pursuant to the terms hereof are to be in writing
and delivered personally to the party to receive the same or mailed by regular mail, postage prepaid
:to the address specified adjacent to the parties' signatures. All notices shall be deemed served upon
delivery thereof or three (3) days folio -wing deposit of the notice in the U.S. mails as required herein.
19. Ma,dings, Construction. The headings of the sections and paragraphs are inserted solely for
the convenience of the parties and are not a part of and are not intended to. govern, limit or aid in the
construction of any term or provision hereof. In construing the parties' intent with regard to this
contract, no greater or stricter construction of any term or provision, hereof shall be asserted against
FM2114 Cost Less Inc. Contract — Page 5
the County as drafter.
-
Dist)utesAttorn.evsI T".,,...rees, In any controversy, claim or dispute arising out of, or relating to,
this contract or the method and manner of performance thereof or the breach thereof, the prevailing
party shall be entitled to be awarded its reasonable attorney's fees in addition to e
such other damages
as are appropriate. If neither party wholly prevails, the party that substantially pre
vails, shall be
awarded its reasonable attorneys" fees as litigation expenses. For the purposes of this provision the
terms "proceeding" and "litigation" shall include arbitration, administrative,bankruptcy,l an judicia
proceedingstud* appear therefrom. .For purposes of this contract the actual attorneys' fees.
Mc ing, appe r
incurred shall be deemed "reasonable".
GoverqM.gta
w. Venue. The performance and interpretation of the Contract Document shall
be governed and "interpreted �In accordance with the laws of the-ygn
State of Washington., An - litiatio
arising out of or in connection with this Contract shall be conducted In Grant County, Washington.
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