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City of Everett 00 7200 - 54
<br /> 2021 Biosolids and Backwash Solids Removal UT 3752-1 / 20
<br /> Should the Contractor, its agent, employee or any of them be enjoined from furnishing or using any
<br /> invention, article,material or plans supplied or required to be supplied or used under this Contract,
<br /> Contractor shall promptly pay such royalties and secure requisite licenses; or, subject to acceptance by
<br /> Owner, substitute other articles, materials, or appliances in lieu thereof that are of equal efficiency,
<br /> quality, finish, suitability and market value to those planned or required under the Contract. Descriptive
<br /> information of these substitutions shall be submitted to the Owner's Representative for determination of
<br /> general conformance to the design concept and the construction Contract. Should Owner elect to refuse
<br /> the substitution, Contractor agrees to pay such royalties and secure such valid licenses as may be requisite
<br /> for the Owner, its officers, agents and employees or any of them, to use such invention, article,material
<br /> or appliance without being disturbed or in any way interfered with by any proceeding in law or equity on
<br /> account thereof.
<br /> 17. AUDITS
<br /> 17.1 GENERAL
<br /> The Contractor's records relating to this Project, including,but not limited to, wage,payroll, and cost
<br /> records, shall be open to inspection or audit by representatives of the Owner during the Project and for a
<br /> period of not less than six years after the date of Final Acceptance of the Contract. The Contractor shall
<br /> retain these records for that period. The Contractor shall also guarantee that Project records of
<br /> Subcontractors, Suppliers, and lower tier Subcontractors, including, but not limited to,the wage, payroll,
<br /> and cost records, shall be retained and open to similar inspection or audit for the same period of time.
<br /> The audit may be performed by employees or representatives of the Owner or by an auditor chosen by the
<br /> Owner. The Contractor, Subcontractors, or lower tier Subcontractors shall provide adequate facilities,
<br /> reasonably acceptable to auditor, for the audit during normal business hours. The Contractor,
<br /> Subcontractors, or lower tier Subcontractors shall make a good faith effort to cooperate with the auditors.
<br /> If an audit is to be commenced more than sixty(60)days after the Final Acceptance date of the Contract,
<br /> the Contractor will be given twenty(20)days' notice of the time when the audit is to begin. If any
<br /> litigation, claim, or audit arising out of, in connection with, or related to this Contract is initiated, the
<br /> Project records shall be retained until the later of(a) completion of litigation, claim, or audit or(b) six
<br /> years after the date of Final Acceptance.
<br /> 17.2 CLAIMS
<br /> All Contract Claims filed against the Owner shall be subject to audit at any time following the filing of
<br /> the Contract Claim. Failure of the Contractor, Subcontractors, or lower tier Subcontractors to maintain
<br /> and retain sufficient records to allow the auditors to verify all or a portion of the Contract Claim or to
<br /> permit the auditor access to the books and records of the Contractor, Subcontractors, or lower tier
<br /> Subcontractors shall constitute a waiver of a Contract Claim and shall bar any recovery thereunder.
<br /> 17.3 REQUIRED DOCUMENTATION FOR AUDITS
<br /> As a minimum,the auditors shall have available to them the following documents:
<br /> Daily time sheets and supervisor's daily reports.
<br /> Collective Bargaining Agreements.
<br /> Insurance, welfare, and benefit records.
<br /> Payroll registers.
<br /> Earnings records.
<br /> Payroll tax forms.
<br /> Material invoices and requisitions.
<br /> Material cost distribution worksheet.
<br /> 00 7200 - 54 GENERAL CONDITIONS
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