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<br /> Preconstruction Services Contract
<br /> General Contractor/Construction Manager Services for
<br /> Water Pollution Control Facility Expansion
<br /> Phase Cl (Liquid Stream),Phase C2(Solids Handling)
<br /> •
<br /> progress. This duty to turnover possession of the specified materials
<br /> and documentation is specifically enforceable.
<br /> D. Upon termination under any Paragraph above, the Owner may take
<br /> over the work and prosecute the same to completion by agreement
<br /> with another party or otherwise.
<br /> 22. Independent GC/CM: In performing work and services hereunder, the
<br /> GC/CM and its subcontractors, sub-consultants, employees, agents, and
<br /> representatives shall be acting as independent contractors, and shall not be
<br /> deemed or construed to be employees or agents of the Owner in any manner
<br /> whatsoever. The GC/CM shall not hold itself out as, nor claim to be, an
<br /> officer or employee of the Owner by reason hereof and will not make any
<br /> claim, demand, or application to.or for any right or privilege applicable to an
<br /> officer or employee of the Owner. The GC/CM shall be solely responsible for
<br /> any claims for wages or compensation by GC/CM employees, agents, and
<br /> representatives, including subcontractors and sub-consultants, and save and
<br /> hold the Owner harmless therefrom.
<br /> 23. Indemnification: To the maximum extent permitted by law or the provisions of
<br /> this section, the GC/CM agrees to release, indemnify, defend, and save
<br /> harmless the Owner, its successors and assigns, and its and their
<br /> shareholders, officers, officials, directors, :and employees, (collectively "the
<br /> Indemnified Parties")from and against any liability including any and all suits,
<br /> claims, actions, losses, costs (including without limitation attorneys' fees),
<br /> penalties, response costs, and damages of whatsoever kind or nature to the
<br /> extent arising out of, in connection with, or incident to the GC/CM's
<br /> performance of this Contract or the Work (all such suits, claims, actions,
<br /> losses, costs, penalties, response costs, and damages collectively, "Claims").
<br /> The Contractor's obligations under this Section 23 shall not apply to Claims
<br /> caused by the sole negligence of the Owner. If(1) RCW 4.24.115 applies to
<br /> a particular Claim, and (2) such Claim is caused by or results from the
<br /> • concurrent negligence of (a) the Contractor, its employees,
<br /> subcontractors/subconsultants or agents and (b) the Owner, then the
<br /> Contractor's obligations under this Section 23 shall apply only to the extent
<br /> allowed by RCW 4.24.115.
<br /> 24. Amendments: The Owner may, at any time, request that the GC/CM perform
<br /> additional preconstruction services work beyond that identified in this
<br /> Contract. The scope of work and compensation for such additional work shall
<br /> City of Everett Page 11 of 13 October 3, 2012
<br /> Water Pollution Control Facility Expansion
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