2008/08/06 Council Agenda Packet

reporting of any results to Ecology,EPA or other government agencies unless otherwise agreed by the City. D. Contractor shall designate a lead point of contact for coordinating site access issues. E. Contractor shall repair any damage caused by the act, omission or conduct of Contractor, subcontractors, subconsultants or agents and shall restore the Riverfront Property to as near the condition agreed to between the Contractor and the City prior to beginning the work. F. Vacant G.Contractor,to the extent it employs or engages subcontractors or subconsunsultants, shall bind its subcontractors or subconsultants to abide by the requirements of Contractor's access agreement(s) with the City or Riverfront Property Owner and shall enforce the above-described obligations of the access agreements. 18. City of Everett Business License. Contractor agrees to obtain a City of Everett business license prior to performing any work pursuant to this Agreement. 19. State of Washington Requirements. Contractor agrees to register and obtain any State of Washington business licenses, Department of Revenue account and/or unified business identifier number as required by RCW 50.04.140 and 51.08.195 prior to performing any work pursuant to this Agreement. 20. Compliance with Federal, State, and Local Laws. Contractor shall comply with and obey all federal, state and local laws, regulations, and ordinances applicable to the operation of its business and to its performance of work hereunder. 21. Compliance with Grant Terms and Conditions. Contractor shall comply with any and all conditions, terms and requirements of any federal, state or other grant that wholly or partially funds Contractor's work hereunder. 22. Waiver. Any waiver by the Contractor or the City or the breach of any provisions of this Agreement by the other party will not operate, or be construed, as a waiver of any subsequent breach by either party or prevent either party from thereafter enforcing any such provisions. 23. Complete Agreement. This Agreement contains the complete and integrated understanding and Agreement between the parties and supersedes any understanding, Agreement or negotiation whether oral or written not set forth herein. 24. Modification of Agreement. This Agreement may be modified as provided in Section 8, or by a writing explicitly identified as a modification of this Agreement that is signed by authorized representatives of the City and the Contractor. 25. Severability. If any part of this Agreement is found to be in conflict with applicable laws, such part shall be inoperative, null and void, insofar as it is in conflict with said laws, the remainder of the Agreement shall remain in full force and effect. 26. Notices. A. Notices to the City of Everett shall be sent to the following address: City of Everett Attn: Timothy L. Marks,P.E. 3200 Cedar Street Everett,WA 98201 B. Notices to the Contractor shall be sent to the following address: BHC Consultants, LLC Attn: Bard Horton,P.E.