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Feasability Study - C
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11. November
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2025-11-04 10:00 AM - Commissioners' Agenda
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Feasability Study - C
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Last modified
1/13/2026 10:03:56 AM
Creation date
1/13/2026 10:03:05 AM
Metadata
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Template:
Meeting
Date
11/4/2025
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 the Kittitas County Public Health & Safety Building Feasibility Study
Order
3
Placement
Consent Agenda
Row ID
137354
Type
Contract
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5 7.13 The Architect and Owner waive comequential &rmrg€s fol gtaims, disputeq or other matters in question, <br />arising out of or rclating to a Senrice Agreement- This mutual waiver is applicabte, wittrout limitation" to all <br />consequential darnages due to either pafiy's terrnination ofa Service Agreqn€nt, exc€pt as specifically provided in <br />Section 8.6- <br />S 72 ledhdon <br />g 721Any claim, dispute or other matter in question arising out of or rplaled to a Servic€ Agreernem shall be <br />subjectto modiation as a condition precedent to bindiry dispute resohrtion- If such matter rclates to or is the <br />subject of a lien arising out ofthe Architect's serric€s, th€ Architect may proceed in accordance wift applicable <br />laur to comply witr tbe lien notice or filing deadlines prior to resolution of the matter by mediation or by binrling <br />dispute rcsohrtion. <br />$ 7.22 The Owner and Architect shall endeavor to resolve qlaims, dispt€s and otter matters in question between <br />them fu medidion, which, ualess the parties mutualb agee otfrersrise, shall be administeredby the,{merican <br />Arbitrafion Association in accordance with its Construction Industry Mediation Procedures in effect on the datc of <br />ftis Master Agreement- A rsluest for mediation shall be mad€ in writing, deliv€,fed to the other party to this <br />Masts Agreement, and filedwith the person or entity administering the medi*ion The reguest may be made <br />conoltrendy with fte filing of a c.ompleint sl siftgr appropriate d€mad for binding dispute resolution bug in such <br />event, mpdiation shall p'mceed in advance ofbinding dispute resolution proceedings, which shall be stayed <br />pending mediation for a period of 6O days from lhe date of filing, unless stayd for a longer period by agr€emsnt <br />of ru pcties or court order- If an arbitration proceeding is sayed pusuant to this section, the parties may <br />nonefteless proceedto the selection of the arbitrato(s) and €ree upon a schedrle for later proceedingF. <br />0 7.13 The prties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the <br />ptace u'Aere te Prroject is locate4 r'nless another location is mutraally agreed upon, Agreements- rcached in <br />mediation qhell be enforpeable as setlsmcnt agreemffts in any court having jurisdiction thereof. <br />S 7.2J If the parties do not resolve a dispute through mediation pursuant to this Section 7 -2, themethod of binding <br />dispute resohrtion shall be the foltowing: <br />(Check the appropriae box.) <br />I I A6itration <br />t X I Litiption in a surt of competent jurisdiction <br />lf the Owner and Architect do not select a method of binding dispute resolution, or do not subsequently agree in <br />writing to a binding dispute resolution method other than litigation, the dispute will be resolved in a court of <br />competent jurisdiction" <br />I X I Litigation in a court of competeot jurisdiction <br />$ 7.4 The provisio,ns of trris Article 7 shall survive the terrnination of a Service Agreement <br />ARTICLE 8 IERNNATIOII OR SUSPEI{SIOT{ OF SERI/ICE AGREENENTS <br />$ 8.1 lfthe Owner hils to make payments to the Architect in accordance with a Service Agreemenl such failure <br />ihrall be considered substantial nonperformance and cause for termination of the Service Agreernent or, at the <br />Architect's optioq cause for suspension of performance of services under the Sernice Agreement for which the <br />Owner failedto make paym€ot kte ercnitect elects to suspend services, the Architect shall give swen days' <br />written notice to the Ourner before suspending services. In the event of a nrspe,nsim of services, the Architect <br />shall have no liability to the Owner foi dehy br d"mage caused the Owner because of such suspension of services- <br />Beforc resuming services, the Owner shall pay the Architect all sums due prior to suspension and any expenses <br />incurred ia the tterruption and resumption of the Architect's services. The Architect's fees for the rcmaining <br />services and the time schedules shall be equiably adju$ed- <br />$ 8.2 Ifthe services under a Service Agreemeot have been suspended by dre Owner, the Architect shall be <br />Lmpasated for services performed pritr to notice of such suspension. When the services under the Service <br />l"griementare resnrme4 tle arcnitect shall be coryensated for expenses incurred in the intemrption and <br />rciurnption of the Architect's s€rvices. The Architect's fees for the lspaining services and the time schedules shall <br />h.gitrte of Ar{tdEcts,"'AlA,' tle <br />al'l 1 :E:''l POT $ 1Of27 Pj.}25 <br />only be used in accordance wifi <br />(68f bgfi rF/6m77 36609c2) <br />Al,A Doormental2l -2018. cbplyright€)2014ard 2018. AlrigrG r€s6red. TheAmerican lnsiihrE of Atdftecls."Ame.i:afi <br />A!\ Logo, and'AlA C*,fraa Ooili"""e" ar€ fademarl(s of ttrelmeOcan lnstitrte dAtddect$ Thb dodxnent lgas ptoduc€d <br />,nj*-5rilram* No2025fiXF1 3) whhh expbes cr 02/0€f2026, is not for r6d6, b licens€d for orE-lime use ody, and may <br />fre AtA Co.rt'ia DocnnrensP Ternrs of Service. To r€po.t copytbht vinlalirrs, +mail dodnb@aiacont'actsrom. <br />t .€r llolec: <br />6
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