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City of Everett 00 72 00 - 55 <br /> I <br /> 16.2 PERMITS AND LICENSES <br /> Unless otherwise specified,permits and licenses from governmental agencies,which are necessary only <br /> for and during the prosecution of the Work and the subsequent guarantee period,shall be secured by the <br /> Contractor and paid for by the Owner. Permits and licenses of regulatory agencies that are necessary to <br /> be maintained after expiration of the guarantee period will be secured and paid for by the Owner. <br /> The City of Everett Utilities Department has reviewed and commented on the Drawings in this Contract. <br /> If an erosion control plan is required,the Contractor shall submit an erosion control plan that depicts the <br /> best management practices that will be followed for erosion control. The Contractor may use the plans in <br /> this Contract. The fee for this permit will be waived by the City of Everett. <br /> Electrical permits can be obtained at: <br /> City of Everett <br /> 3200 Cedar Street—2nd Floor <br /> Everett,WA 98201 <br /> Phone: 425/257-8800 <br /> 16.3 PATENTS AND ROYALTIES <br /> Costs involved in fees,royalties,or claims for any patented invention,article,process or method that may <br /> be used upon or in a manner connected with the Work under this Contract or with use of completed Work <br /> by the Owner shall be paid by the Contractor. The Contractor and its sureties shall protect and hold the <br /> Owner,Owner's Representative,and Owner's Representative,together with its officers, agents, and <br /> employees,harmless from any and all loss,defense cost,and expenses and against any and all demands <br /> made for such fees or claims brought or made by the holder of any invention or patent. Before fmal <br /> payment 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 /> 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 /> i 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 /> 00 72 00 - 55 GENERAL CONDITIONS <br />