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<br />Agreement between Client, KCDA and Contractor - Washington Page 16 <br />156691459.1 <br />ARTICLE 18 <br />CORRECTION OF WORK <br /> <br /> 18.1 The Contractor shall promptly and within no <br />more than fourteen (14) days of notice from the Client or <br />KCDA correct Work rejected or failing to conform to the <br />requirements of the Contract Documents at any time through a <br />period of one year from the date of Substantial Completion of <br />the Agreement or by terms of a longer manufacturer’s warranty <br />or an applicable special warranty required by the Contract <br />Documents. The provisions of this Article apply to Work done <br />by Subcontractors of any tier as well as to Work done by direct <br />employees of the Contractor. <br /> <br /> 18.2 If the Contractor fails to correct Work that is <br />not in accordance with the requirements of the Contract <br />Documents or fails to carry out the Work in accordance with <br />the Contract Documents, KCDA and/or the Client, by a written <br />order, may order the Contractor to stop the Work, or any portion <br />thereof, until the cause for such order has been eliminated. <br /> <br /> 18.3 Nothing contained in this Article shall be <br />construed to establish a period of limitation with respect to <br />other obligations which the Contractor might have under the <br />Contract Documents. Establishment of the time period of one <br />year as described above relates only to the specific obligation <br />of the Contractor to correct the Work and has no relationship to <br />the time within which the obligation to comply with the <br />Contract Documents may be sought to be enforced, nor to the <br />time within which proceedings may be commenced to establish <br />the Contractor’s liability with respect to the Contractor’s <br />obligations other than specifically to correct the Work. <br /> <br />ARTICLE 19 <br />MISCELLANEOUS PROVISIONS <br /> <br /> 19.1 Applicable Law and Venue. The <br />Agreement shall be governed by the laws of the State of <br />Washington, without regard to its choice of law provisions. The <br />exclusive venue for any litigation regarding this Agreement <br />shall be in the Superior Court in the county in which the Project <br />is located. <br /> <br /> 19.2 Statutes. The Contractor shall abide by the <br />provisions of all applicable Washington statutes. The statutes <br />referenced in the Contract Documents are not meant to be a <br />complete list and should not be relied upon as such. <br /> <br /> 19.3 Contractor Registration and Related <br />Requirements. Pursuant to RCW 39.06, the Contractor shall <br />be registered or licensed as required by the laws of the State of <br />Washington, including but not limited to RCW 18.27. The <br />Contractor shall: have a current state unified business identifier <br />number; have industrial insurance coverage for the Contractor’s <br />employees working in Washington as required in Title 51 <br />RCW; have an employment security department number as <br />required in Title 50 RCW; have a state excise tax registration <br />number as required in Title 82 RCW, and; not be disqualified <br />from bidding on any public works contract under <br />RCW 39.06.010 (unregistered or unlicensed contractors) or <br />RCW 39.12.065(3) (prevailing wage violations). <br /> <br /> 19.4 Law Against Discrimination. Contractor <br />shall comply with pertinent statutory provisions relating to <br />public works of RCW 49.60. <br /> <br /> 19.5 Provisions for Aged and Handicapped <br />Persons. Contractor shall comply with pertinent statutory <br />provisions relating to public works of RCW 70.92. <br /> <br /> 19.6 Safety Standards. Contractor shall comply <br />with pertinent provisions of Chapter 296-155 WAC, “Safety <br />Standards for Construction Work.” <br /> <br /> 19.7 Unemployment Compensation. Pursuant <br />to RCW 50.24 in general and RCW 50.24.130 in particular, the <br />Contractor shall pay contributions for wages for personal <br />services performed under this Agreement or arrange for a bond <br />acceptable to the commissioner. <br /> <br /> 19.8 Drug-Free Workplace. The Contractor and <br />all Subcontractors shall fully comply with all applicable federal, <br />state, and local laws and regulations regarding drug-free <br />workplace, including the Drug-Free Workplace Act of 1988. <br />Any person not fit for duty for any reason, including the use of <br />alcohol, controlled substances, or drugs, shall immediately be <br />removed from the Work. <br /> <br /> 19.9 Tobacco-Free Environment. Smoking or <br />use of any kind of lighted pipe, cigar, cigarette or any other <br />lighted smoking equipment, material or smokeless tobacco <br />products, including vaping, is prohibited on all Client property. <br /> <br /> 19.10 Asbestos Removal. To the extent this <br />Project involves asbestos removal, the Contractor shall comply <br />with RCW 49.26 and any provisions of the Washington <br />Administrative Code promulgated thereunder. <br /> <br /> 19.11 Assignment. The Contractor shall not let, <br />delegate duties under, assign or transfer this Agreement, or any <br />interest in it or part of it, without the prior written consent of <br />KCDA and the Client. <br /> <br />19.12 Weapons. The Contractor and its <br />employees, agents, and Subcontractors of any tier shall not <br />bring onto the Project site or onto any Client property any <br />firearm or any other type of weapon described in either <br />RCW 9.41.280(1) or RCW 9.41.250. Any person violating this <br />Section shall immediately be removed from the Work, and such <br />a violation shall be grounds for a termination of this Agreement <br />for cause at the Client’s discretion. <br /> <br /> 19.13 Contaminated Properties. To the extent <br />this Project involves the remediation of contaminated property, <br />the Contractor shall comply with RCW 64.44 and 70.105D and <br />any provisions of the Washington Administrative Code <br />promulgated thereunder, including the use of authorized <br />contractors as provided in RCW 64.44.060. <br />