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2014/01/22 Council Agenda Packet
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2014/01/22 Council Agenda Packet
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Council Agenda Packet
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1/22/2014
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9' GC/CM Contract <br /> General Contractor/Construction Manager Services for <br /> Water Pollution Control Facility Expansion <br /> Phase Cl (Liquid Stream) <br /> ARTICLE 8 - ADDITIONAL PROVISIONS <br /> 8.1. Audit. Owner shall have the right to audit. Upon request by Owner, GC/CM <br /> shall provide Owner full access to all of GC/CM's data, records, accounts or <br /> materials relevant to the performance of this Contract. GC/CM shall preserve <br /> all project records for a period not less than 6 years after Substantial <br /> Completion, and shall direct all subcontractors and other agents to preserve <br /> their records for this same period. <br /> 8.2. Non-Discrimination in Employment. GC/CM will not discriminate against any <br /> employee or applicant for employment because of race, color, religion, sex, <br /> marital status, or national origin. GC/CM will take affirmative action to ensure <br /> that applicants are employed, and that employees are treated during <br /> employment without regard to their race, color, religion, sex, marital status, or <br /> national origin. Such action shall include, but not be limited to the following: <br /> employment, upgrading, demotion, or transfer; recruitment or recruitment <br /> advertising; layoff or termination; rates of pay or other forms of compensation; <br /> and selection for training. GC/CM agrees to post in conspicuous places, <br /> available to employees and applicants for employment, notices to be provided <br /> setting forth the provisions of this nondiscrimination clause. <br /> 8.3. Sales Tax. The actual amount of sales tax to be paid to the GC/CM will be <br /> based on the then current sales tax percentage applied to each progress <br /> payment, inclusive of approved change orders. For the purposes of invoicing, <br /> the GC/CM shall not include sales tax as part of the TCC in its pay <br /> applications, but the appropriate amount of salestax will be added by the <br /> Owner to each progress payment collected by the GC/CM from the Owner, <br /> and paid to the State by the GC/CM. <br /> 8.4. Assignment and Conveyance: The GC/CM, and its heirs, executors, <br /> administrators, successors, and assigns, do hereby agree to the full <br /> performance of all the provisions contained herein. The GC/CM shall not <br /> assign or convey its interests or obligations under this contract without the <br /> express written consent of the Owner, which may be withheld by Owner in its <br /> sole discretion. In the event the Owner does consent, the assignment will be <br /> memorialized in a mutually acceptable Change Order. <br /> 8.5. Jurisdiction: This Contract shall be construed and enforced in accordance <br /> with the laws of the State of Washington, and the Parties agree that in any <br /> City of Everett Page 23 of 25 December, 2013 <br /> Water Pollution Control Facility Expansion <br /> 32 <br />
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