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agreement herein contained whether express or implied, nor for any statement or representation made herein or in any connection with this agreement. 11. Any contractual agreement shall be performed under the laws of the State of Washington. Any litigation to enforce such agreement or any of its provisions shall be brought in Kittitas County, Washington. 12. The successful bidder shall comply with all applicable federal, state and local laws, rules and regulations affecting its performance and hold the County harmless against any claims arising from the violation thereof. 13. The Kittitas County Board of Commissioners reserves the right to purchase from suppliers other than the successful bidder, if for any reason the successful bidder is unable to promptly furnish maintenance rock of a quality which is satisfactory to Kittitas County's requirements. 14. Pursuant to RCW 36.32.256, the County reserves the right to award the contract to more than one bidder, and to purchase material from a Vendor other than the lowest bidder based upon the overall cost to the County. To determine the overall cost of a product to the County, the County will take its employees' hourly rate plus the hourly rate of the vehicle used to haul, times the anticipated haul time to and from the job site plus the cost of the material. This calculation shall be used to compare each Vendor on each job. The lowest overall cost to the County will determine which Vendor to purchase the product from for each project. 15. Multiple contract awards may be subject to individual Material pricing. The County reserves the right to purchase any and/or all of any item bid. Quantities are estimates only. 16. The County will give the Vendors advance notice of estimated quantities needed and will endeavor to place orders 48 hours prior to required delivery, except in emergencies. GRADING AND QUALITY The material shall meet the requirements for grading and quality when placed in hauling vehicles for delivery to the roadway, or during manufacture and placement into a temporary stockpile. All goods or materials purchased herein are subject to approval by Kittitas County Department of Public Works. Any rejection of materials resulting because of nonconformity to the terms and specifications of this order, whether held by the Kittitas County Department of Public Works or returned will be at the Vendor's risk and expense. Section 9-03 of the Standard Specifications shall be supplemented with the following: Items 1A, 1B, and 1C in the bid proposal "Maintenance Sand" shall be produced from material which is free from roots, earth and other extraneous material. Maintenance Sand shall meet the following grading requirements: Passing 5/16 inch square 100% Passing U.S. No. 10 0-60% Passing U.S. No. 200 0-5% Sand Equivalent 40 minimum In the final product, at least 50 percent by weight of the particles retained on the No. 10 and above sieves shall have at least one fractured face produced by mechanical crushing.