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<br /> CITY OF EVERETT SPECIAL PROVISIONS [Modified per Addendum #1]
<br /> 19. Depreciation records on all company equipment whether these records are
<br /> maintained by the company involved, its accountant, or others.
<br /> 20. If a source other than depreciation records is used to develop costs for the
<br /> Contractor's internal purposes in establishing the actual cost of owning and
<br /> operating equipment, all such other source documents that support the
<br /> amount of damages as to each Contract Claim.
<br /> 21. Worksheets or software used to prepare the Contract Claim establishing the
<br /> cost components for items of the Contract Claim including but not limited to
<br /> labor, benefits and insurance, materials, equipment, Subcontractors, all
<br /> documents that establish the time periods, individuals involved, the hours for
<br /> the individuals, and the rates for the individuals.
<br /> 22.Worksheets, software, and all other documents used by the Contractor to
<br /> prepare its Bid. The employees or representatives of the City may audit
<br /> these documents. The Contractor and its Subcontractors shall provide
<br /> adequate facilities acceptable to the City for the audit during normal business
<br /> hours. The Contractor and all Subcontractors shall cooperate with the City's
<br /> auditors.
<br /> 23. Correspondence, notes, and memoranda.
<br /> 24. Job diaries.
<br /> 1-09.13 Claims Resolution
<br /> Delete all of 1-09.13 and substitute the following:
<br /> Prior to seeking claim resolution through litigation, the Contractor shall proceed under
<br /> the administrative procedures in Sections 1-04.5 and 1-09.11 and elsewhere in the
<br /> Contract Documents for resolution of disputes. These must be complied with in full, as
<br /> a condition precedent, to the Contractor's right to seek claim resolution through
<br /> litigation.
<br /> Supplement Section 1-09 by adding the following:
<br /> 1-09.14 Patents and Royalties
<br /> (******)
<br /> Should the Contractor, its agent, employee or any of them be enjoined from furnishing or
<br /> using any invention, article, material or plans supplied or required to be supplied or used
<br /> under this Contract, Contractor shall promptly pay such royalties and secure requisite
<br /> licenses; or, subject to acceptance by City, substitute other articles, materials, or appliances
<br /> in lieu thereof that are of equal efficiency, quality, finish, suitability and market value to
<br /> those planned or required under the Contract. Descriptive information of these
<br /> substitutions shall be submitted to the City's Representative for determination of general
<br /> conformance to the design concept and the construction Contract. Should City elect to
<br /> refuse the substitution, Contractor agrees to pay such royalties and secure such valid
<br /> licenses as may be requisite for the City, its officers, agents and employees or any of them,
<br /> to use such invention, article, material or appliance without being disturbed or in any way
<br /> interfered with by any proceeding in law or equity on account thereof.
<br /> Costs involved in fees, royalties, or claims for any patented invention, article, process or
<br /> method that may be used upon or in a manner connected with the Work under this Contract
<br /> or with use of completed Work by the City shall be paid by the Contractor. The Contractor
<br /> and its sureties shall protect and hold the City, and City's Representative, together with its
<br /> officers, agents, and employees, harmless from any and all loss, defense cost, and
<br /> expenses and against any and all demands made for such fees or claims brought or made
<br /> by the holder of any invention or patent. Before final payment is made on the account of
<br /> Sewer 0 Division 1 —GENERAL REQUIREMENTS Addendum No. 1
<br /> WO No—UP3691 SP—136 May 2020
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