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CITY OF EVERETT SPECIAL PROVISIONS <br /> 1-09.14 Patents and Royalties <br /> (******) <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 <br /> by City, 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 City's Representative for determination of <br /> general conformance to the design concept and the construction Contract. Should City elect to refuse <br /> the substitution, Contractor agrees to pay such royalties and secure such valid licenses as may be <br /> requisite for the City, its officers, agents and employees or any of them, to use such invention, article, <br /> material or appliance without being disturbed or in any way interfered with by any proceeding in law <br /> or equity on account thereof. <br /> Costs involved in fees, royalties, or claims for any patented invention, article, process or method that <br /> may be used upon or in a manner connected with the Work under this Contract or with use of <br /> completed Work by the City shall be paid by the Contractor. The Contractor and its sureties shall <br /> protect and hold the City, and City's Representative, together with its officers, agents, and employees, <br /> harmless from any and all loss, defense cost, and expenses and against any and all demands made <br /> for such fees or claims brought or made by the holder of any invention or patent. Before final payment <br /> is made on the account of this Contract, the Contractor shall, if requested by the Owner, furnish <br /> acceptable proof of a proper release from all such fees or claims. <br /> 1-10 TEMPORARY TRAFFIC CONTROL I <br /> 1-10.1 General <br /> 1-10.1(2) Description <br /> Supplement 1-10.1(2) as follows: <br /> The Contractor shall provide a uniformed off-duty Police Officer to control traffic for work at <br /> signalized intersections and other critical situations as determined by the Engineer. <br /> 1-10.2 Traffic Control Management <br /> 1-10.2(1) General <br /> Delete the first sentence of the third paragraph of 1-10.2(1)and substitute the following: <br /> The primary and alternate TCS shall be certified as worksite traffic control supervisors by <br /> one of the organizations listed below: <br /> • Evergreen Safety Council (800) 521-0778 ' <br /> • Northwest Laborers Union (800) 240-9112 <br /> • American Traffic Safety Services Association (877) 642-4637 <br /> 1-10.2(2) Traffic Control Plans I <br /> Delete the first paragraph of 1-10.2(2) and substitute the following: <br /> Contractor may use City's Standard Traffic Control Plans included in COE Standard <br /> Drawings, Series 700. The City does not represent or warrant that the Standard Plans are <br /> sufficient, adequate or complete for the Contractor's means, methods or plan of Work. If a <br /> new or additional Traffic Control Plan is necessary, prepare detailed Traffic Control Plan <br /> complying with COE Standard Drawings, Series 700, the MUTCD, Part 6, and the most <br /> current edition of the PROWAG (Public Rights-of-Way Accessibility Guidelines). Plan <br /> preparation shall be at Contractor's sole cost and submitted to the City for approval at least <br /> 14 calendar days before starting Work. Work may not begin until Contractor is in receipt of <br /> City approved Traffic Control Plan. <br /> SEI to SRI Intertie,SRO8 Rehab Division 1 -GENERAL REQUIREMENTS WO No.-UP3714 <br /> SP-120 <br /> I <br />