2021/10/13 Council Agenda Packet

specifications, or the drawings, such conflict shall be reconciled by the order of precedence in the order the Contract Documents are set forth above. Any modification of any Contract Document listed in sections 8.1 to 8.6 above requires an amendment executed by an authorized representative of the City and by an authorized representative of the Contractor. Changes to Contract Documents listed under Section 8.7 may executed by an authorized representative of the Contractor and by the Project Manager or the Contract Administrator for the City, as determined by Contract Administrator policy. SECTION 9 - PREVAILING WAGE Contractor shall comply with all state and federal laws relating to the employment of labor and wage rates to be paid. The Contractor will be required to file prevailing wage intents and affidavits with Labor & Industries for each Job Order. A Federally -Funded Job Order may specify the Davis -Bacon Act and Copeland Anti -Kickback Act, in which case Contractor shall comply with these requirements. The Contractor will pay state prevailing wage or Davis -Bacon wages, whichever is higher. SECTION 10 - MISCELLANEOUS 10.1 Terms used in this Contract which are defined in Article 1 of the General Conditions will have the meanings indicated in the General Conditions. 10.2 No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in an written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 10.3 City and Contractor each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. 10.4 This Contract is governed by the laws of the State of Washington, without regard to the principles of conflict of laws. Any action or suit brought in connection with this Contract shall be exclusively brought in the Superior Court of Snohomish County, Washington. IN WITNESS WHEREOF, City and Contractor have signed this Contract. This Contract is effective as of the date of the last person to sign it, and may be executed in multiple counterparts, each of which shall be deemed an original. 5