2014/01/29 Council Agenda Packet

- . GC/CM Contract 7 General Contractor/Construction Manager Services for Eva - r Water Pollution Control Facility Expansion Phase Cl (Liquid Stream) litigation, jurisdiction and venue shall be in the Superior Court in and for the County of Snohomish. 8.6. Insurance: The GC/CM shall maintain in force all insurance coverage as required by law or otherwise required in the Contract Documents. 8.7. Entire Agreement: This Contract, including its attachments and documents incorporated by reference, constitutes the full and entire understanding and agreement between the Parties for performance of the Work. This Contract may not be modified in any manner whatsoever without the express written consent of the Owner, and the express written consent of the GC/CM. 8.8. Notices: Notices required in this Contract shall be in writing and either hand delivered during normal business hours, or sent by registered or certified mail, postageprepaid, to the following addresses, consistent with the General Conditions: City of Everett IMCO General Construction, Inc. 3200 Cedar Street 2116 Buchanan Loop Everett, WA 98201 Ferndale, WA 98248 Attn: Attn: 8.9. Project Manager: The Owner has designated John Nottingham, P.E. as the Project Manager. The Project Manager may designate other individuals to act on the Owner's behalf. 8.10. Survivability: See General Conditions Section 17.03. 8.11. Severability: If any portion of this Contract is found to be invalid by the Superior Court of Snohomish County, such invalidation of such portion shall not invalidate the remaining portions of the Contract, and they shall remain in full force and effect as written. 8.12. Waiver: Failure by Owner to require or enforce any provision of this Contract shall not constitute a waiver or release by Owner of any rights or remedies, or to require contractual performance by GC/CM. 8.13. Indemnification: See General Conditions Article 6.19. City of Everett Page 24 of 25 December, 2013 Water Pollution Control Facility Expansion 39