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KITTITAS COUNTY BID PROPOSAL <br />PERSONAL LIABILITY: <br />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 representation <br />made herein or in any connection with this agreement. <br />PAYMENT: <br />Invoices will not be processed for payment until receipt of a properly completed invoice or <br />invoiced items are received. <br />IDENTIFICATION: <br />All invoices, packing lists, packages, shipping notices, instruction manuals, and other written <br />documents affecting this order shall contain the applicable purchase order number. <br />ASSIGNMENTS: <br />The provisions or moneys due under this contract shall only be assignable with prior written <br />consent of the Kittitas County. <br />DEFAULT: <br />The Vendor covenants and agrees that in the event suit is instituted by Kittitas County for any <br />default on the part of the Vendor, and the Vendor is adjudged by a court of competent <br />jurisdiction to be in default, the Vendor shall pay to Kittitas County all cost, expenses expended <br />or incurred by Kittitas County in connection therewith, and reasonable attorney's fees. The <br />Vendor agrees that the Superior Court of the State of Washington shall have jurisdiction over <br />any such suit and that venue shall be laid in Kittitas County. <br />CONTRACTOR'S PROTECTIVE CLAUSE: <br />There shall be no obligation to have available or deliver any or all of the products included in this <br />proposal in the customary manner when such availability or deliveries are prevented or hindered by <br />an Act of God, fire, strike, partial or total interruption or loss or shortage of transportation facilities, <br />or by other similar or different acts of civil or military authorities, or by other like causes beyond the <br />control of the Contractor. <br />DESCRIPTION OF MATERIAL: <br />The material to be supplied shall be in accordance with the Standard Specifications of <br />Washington State Department of Transportation, current edition, Section 5.04 Asphalt <br />Concrete Pavement and Section 9.03 Aggregates: <br />MEASUREMENT: <br />All material must be weighed over certified scales. A copy of all scale tickets shall be attached <br />to all invoices for payment. <br />Asphalt Material Bid 2016 Page 5 of 12 <br />