421 85TH PL SW 2018-01-02 MF Import

5. CHANGES, SUBCONTRACTORS AND ASSIGNMENT. Owner has the right to make changes from time to time in the scope of the work to be performed by Contractor. However, no change shall be made or effective, nor shall any modification to the terms ofthis Agreement be effective upon Owner unless made by a written change order which is signed by an officer of Owner or other person who has been designated as au- thorized to sign on behalf of Owner in a writing signed by such an officer. No oral modifications or agreements shall be binding, and Contractor is expressly charged with the duty to obtain such written change order prior to commencing any work affected thereby. Notwithstanding a written change order, Contractor shall not b,; entitled to receive or recover any additional compensation or payment from the contract price for any change in the work unless such compensation or payment is agreed to in writing prior to the performance of the work affected by the change, and Contractor is expressly charged with the duty of notifving Owner that a requested change shall result in a claim for extra compensaiton and of obtaining written agreement therefor prior to commencement of the affected worn. Any change which results in reduction of the scope of the work shall result in corresponding reasonable reduction in the contract price unless otherwise agreed upon in writing. Contractor shall not subcontract any part of the work nor cause any part of the work to be performed by any other firm than Contractor without Owner's prior written approval. This contract is personal to Contractor, and no part thereof including the right to Payment shall be assignable voluntarily or by operation of law with- out the prior written consent of Owner. Contractor shall submit the names of Contractor's suppliers for ap- proval by Owner prior to commencing the work. Contractor shall use only suppliers approved by Owner. 6. CORRECTION OF DEFECTIVE WORK: Prior to acceptance of the work Contractor shall furnish on request by Owner's designated superintendent, a workman or workmen as necessary to perform "punch list" or other "pick up' work so that the work of others will not be delayed. Notwithstanding acceptance by Owner of Contractor's work and final payment hereunder, if within one year after substantial completion ofContrac- tor's work or one year after the issuance of thr final certificates of occupancy for all buildings in the project, whichever time is later, ai y part of the Contractor's work shall be discovered to fail to conform to the require- ments of this Agreement or of any applicable building codes or regulations or to be defective in materials or workmanship, then Contractor shall promptly repair or replace the same. The foregoing obligation shall be for the benefit of Owner and any third party who may acquire the project, crony part thereof, from Owner, it bei ng understood that the project is being developed for resale. Contractor shall perform all repair and replacement work in an expeditious manner that will minimize the inconvenience to users of the project. The foregoing shall be in addition to any other remedy which Owner may have. 7. MISCELLANEOUS: Contractor represents that it is duly licensed as a contractor under the laws of the state and its political subdivisions where the work is to be performed. Contractor shall maintain in full force and effect at all times during the performance of this contract liability insurance policies in builders risk broad form coverage with endorsements for motor vehicle operation. Owner shall be named insured in the policies which shall insure against liability for damage or injury to p.,, sons orproperty caused by Contractor's activities in an amount equivalent to $500,000 for each occurrence unless otherwise agreed upon. Evidence of such insurance and of Contractor's license satisfactory to Owner shall be provided upon request. The persons executing this Agreement on behalf of Contractor represent that they are duly authorized to bind Contractor hereto. All plans and specifications described in this Agreement constitute a part of this Agreement. Contrac- tor shall indemnify and save Owner harmless from and on account of any damage or injury to any property or persons caused by Contractor and its agents find subcontractors. Owner shall not be liable to Contractor on account of delays caused by others in completing their respective portions of the work to enable Contractor to perform Contractor's work. The failure of Owner to insist upon strict compliance with the terms and condi- tions hereof shall r L constitute any waiver of Owner's right to insist on future strict performance of this Agreement. DATED: _ 7/2 19 b0 CONTRACTOR: Sea—P r bzi In By:�� Title: �9 Address: 15221 ,_>i��8th St. , Menton, WA 98055 Phone:-255-7A1 Contractor's License No.:.)( 15; E OWNER:_Airector Asso i t 1 By: D.F.Fischer' �l� Title:! of Construction Address: The Mueller Group Building 855.106th Avenue Northeast C-90001 Bellevue, Washington 98009 Phone: (206) 624.1557