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10. It is agreed by and between the parties hereto that in no event shall any official, officer, <br />employee or agent of the County be in any way liable or responsible for any covenant or <br />agreement herein contained whether express or implied, nor for any statement or <br />representation made herein or in any connection with this agreement. <br />11. Any contractual agreement shall be performed under the laws of the State of <br />Washington. Any litigation to enforce such agreement or any of its provisions shall be <br />brought in Kittitas County, Washington. <br />12. The successful bidder shall comply with all applicable federal, state and local laws, rules <br />and regulations affecting its performance and hold the County harmless against any <br />claims arising from the violation thereof. <br />13. The Kittitas County Board of Commissioners reserves the right to purchase from <br />suppliers other than the successful bidder, if for any reason the successful bidder is <br />unable to promptly furnish maintenance rock of a quality which is satisfactory to Kittitas <br />County's requirements. <br />14. Pursuant to RCW 36.32.256, the County reserves the right to award the contract to more <br />than one bidder, and to purchase material from a Vendor other than the lowest bidder <br />based upon the overall cost to the County. To determine the overall cost of a product to <br />the County, the County will take its employees' hourly rate plus the hourly rate of the <br />vehicle used to haul, times the anticipated haul time to and from the job site plus the cost <br />of the material. This calculation shall be used to compare each Vendor on each job. The <br />lowest overall cost to the County will determine which Vendor to purchase the product <br />from for each project. <br />15. Multiple contract awards may be subject to individual Material pricing. The County <br />reserves the right to purchase any and/or all of any item bid. Quantities are estimates <br />only. <br />16. The County will give the Vendors advance notice of estimated quantities needed and will <br />endeavor to place orders 48 hours prior to required delivery, except in emergencies. <br />QUALITY CONTROL <br />The material shall meet the requirements for grading and quality when placed in hauling <br />vehicles for delivery to the roadway, or during manufacture and placement into a temporary <br />stockpile. <br />All goods or materials purchased herein are subject to approval by Kittitas County Department <br />of Public Works. Any rejection of materials resulting because of nonconformity to the terms and <br />specifications of this order, whether held by the Kittitas County Department of Public Works or <br />returned will be at the Vendor's risk and expense. <br />The items 1A, 1B, 1C in the bid proposal "Maintenance Sand" shall be produced from material <br />which is free from roots, earth and other extraneous material. All oversized gravel occurring in the <br />sources up to and including cobbles of 10 inches in the greatest dimension shall be entirely utilized <br />in the production of maintenance sand. <br />Maintenance Sand shall meet the following grading requirements: <br />Passing 5/16 inch square 100% <br />Passing U.S. No. 10 0-60% <br />Passing U.S. No. 200 0-5% <br />Sand Equivalent 40 minimum <br />