|
death at any time resulting therefrom, sustained by any person or persons and on account of
<br />damage to property including loss of use thereof, whether such Injury to persons or damage
<br />to property is due to the negligence of the Bridge Manufacturer, its sub -contractors, its
<br />elected officers, employees or their agents, except only such injury or damage as Shoji have
<br />been occasioned by the sole negligence of the County, its appointed or elected officials,
<br />agents, or employees. It is further provided that no liability shall attach to the County by
<br />reason of entering into this contract, except as expressly provided herein.
<br />3.7 In the event of a breach by Bridge Manufacturer of any of the provisions of this contract,
<br />Kittitas County reserves the right to cancel and terminate this contract forthwith upon giving
<br />oral or written notice to Bridge Manufacturer, Bridge Manufacturer shall be liable for
<br />damages suffered by Kittitas County resulting from Bridge Manufacturer's breach of
<br />contract.
<br />3.8 The Bridge Manufacturer agrees not to discriminate against any client, employee, or
<br />applicant for employment or services because of race, creed, color, national origin, sex,
<br />sexual orientation, marital status, age or the presence of any sensory, mental or physical
<br />handicap with regard to, but not limited to, the hollowing employment upgrading, demotion,
<br />or transfer, recruitment or recruitment advertising, lay-offs or termination, rates of pay or
<br />other forms of compensation, selection for training or rendition of services.
<br />3.5 The Bridge Manufacturer covenants and agrees that In the event suit is instituted by Mttitas
<br />County for any default on the part of the Bridge Manufacturer, and the Bridge Manufacturer
<br />is adjudged by a court of competent jurisdiction to be in default, the Bridge Manufacturer
<br />shall pay to Kittitas County all cost, expenses expended or incurred by Kittitas County in
<br />connection therewith, and reasonable attorney's fees. The Bridge Manufacturer agrees that
<br />the Superior Court of the State of Washington shall have jurisdiction over any such suit and
<br />that venue shall be laid In Kittitas County.
<br />3.10 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 />3.11 Any contractual agreement shall be performed under the laws of the State of Washington.
<br />Any litigation to enforce such agreement or any of its provisions shall be brought in ICtdtas
<br />County, Washington.
<br />3.12 The Bridge Manufacturer shall comply with all applicable federal, state and local laws, rules
<br />and regulations affecting its performance and hold the County harmless against any claims
<br />arising from the violation thereof.
<br />4.0 GENERAL
<br />4.1 Scope
<br />These specifications are for fully engineered multi -piece modular bridge(s) of steel
<br />construction with 4.25 -inch Steel Bridge Deck and shall be regarded as minimum standards
<br />for design and construction. The work included under this item shall consist of design,
<br />fabricating, finishing and transporting the steel modular beam bridge superstructure,
<br />including but not limited to all bearings, attachment hardware, and safety rail,
<br />
|