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Finalized Contract Agreement Packet
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2024-09-03 10:00 AM - Commissioners' Agenda
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Finalized Contract Agreement Packet
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Last modified
10/8/2024 12:50:20 PM
Creation date
10/8/2024 12:48:44 PM
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Template:
Meeting
Date
9/3/2024
Meeting title
Commissioners' Agenda
Location
Commissioners' Auditorium
Address
205 West 5th Room 109 - Ellensburg
Meeting type
Regular
Meeting document type
Fully Executed Version
Supplemental fields
Item
Request to Approve a Contract with Belsaas & Smith Construction for the Lower Valley Transfer Station
Order
11
Placement
Consent Agenda
Row ID
121755
Type
Contract
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S 15.3.3 The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the <br />place where the Project is located, unless another location is mutually agreed upon. Agreements reached in <br />mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. <br />s I5.4ARBITRAT|ON <br />5 t S.+.t If the parties have selected arbitration as the method for binding dispute resolution in the Agreement, any <br />Claim sgbject io, but not resolved by, mediation shall be subject to arbitration which, unless the parties mutually <br />agree otherwise, shall be administered by the American Arbihation Association in accordance with its Construction <br />Industry Arbitration Rules in effect on the date of the Agreement. A demand for arbitration shall be made in writing, <br />delivered to the other party to the Contract, and filed with the person or entity administering the arbitration. The <br />party filing a notice of demand for arbitration must assert in the demand all Claims then known to that party on <br />which arbitration is permitted to be demanded. <br />$ 1 5.4.1.1 A demand for arbitration shall be made no earlier than concurrently with the filing of a request for <br />irediation, but in no event shall it be made after the date when the institution of legal or equitable proceedings based <br />on the Claim would be baned by the applicable statute of limitations. For statute of limitations pu{poses, receipt of a <br />written demand for arbitration by the person or entity administering the arbitration shall constitute the institution of <br />legal or equitable proceedings based on the Claim. <br />S 15.4.2 The award rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in <br />accordance with applicable law in any court havingjurisdiction thereof. <br />S 15.4.3 The foregoing agreement to arbitrate and other agreements to arbitrate with an additional person or entity <br />duly consented to by parties to the Agreement shall be specifically enforceable under applicable law in any court <br />having jurisdiction thereof. <br />s 15,4.4CONSOL|DAT|ON 0R JOINDER <br />i tS.+.1.1 Either party, at its sole discretion, may consolidate an arbitration conducted under this Agreement with <br />any other arbitration to which it is a party provided that (l) the arbitration agreement governing the other arbitration <br />permits consolidation, (2) the arbitrations to be consolidated substantially involve common questions of law or fact, <br />and (3) the arbitrations employ materially similar procedural rules and methods for selecting arbitrator(s). <br />S 15.4.4.2 Either party, at its sole discretion, may include by joinder persons or entities substantially involved in a <br />io1;1*on question of law or fact whose presence is required if complete relief is to be accorded in arbitration, <br />provided that the party sought to be joined consents in writing to such joinder. Consent to arbitration involving an <br />additional petsonbr entity shall not constitute consent to arbitration of any claim, dispute or other matter in question <br />not described in the written consent. <br />$ 15.4.4.3 The Owner and Conhactor grant to any person or entity made a party to an arbitration conducted under <br />ihis Section 15.4, whether by joinder or consolidation, the same rights ofjoinder and consolidation as the Owner and <br />Contractor under this Agreement. <br />AIA Docunent A2O1 - 2007, coPyright o 1911, 1915' 1918' 1925, 1937' 1951, 195 <br />rights reserved. "The Anerican InstituCe of Alchitects," "Aherican InstituLe <br />Do;uments" are trademarks of The American Institute of Axchiteccs' This draft <br />No.410424304? which expiles o^ 06/lO/2024' is not for resale' is licensed for <br />the AIA Conlract Documentso Telms of Service' To report copyright violations, <br />User Noteg: <br />8, L96I,1963, 1966, L9'10' L9'16,198'1, 199'7 and 200?' AII <br />of Architects," "AIA," the AIA togo, and "AIA ConLracL <br />was produced at 09:51:37 PT o^ 05/\3/2024 under order <br />one-ti-me use only, and may onl'y be used in accoldance with <br />e-mai1 docinf oGaiacontracts. com. <br />( 1164916017) <br />38
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