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CITY OF EVERETT SPECIAL PROVISIONS <br />Beverly Lake Water Quality Retrofit Division 1 – GENERAL REQUIREMENTS August 2023 <br />WO No – UP3745 SP – 142 <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 />25. All documents which relate to each and every claim together with all <br />documents which support the amount of damages as to each claim. <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 procedures in Sections 1-04.5 and 1-09.11 and elsewhere in the Contract <br />Documents for resolution of disputes. These must be complied with in full, as a condition <br />precedent, to the Contractor’s right to seek claim resolution through 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 <br />or using any invention, article, material or plans supplied or required to be supplied or <br />used under this Contract, Contractor shall promptly pay such royalties and secure <br />requisite licenses; or, subject to acceptance by City, substitute other articles, materials, <br />or appliances in lieu thereof that are of equal efficiency, quality, finish, suitability and <br />market value to those planned or required under the Contract. Descriptive information <br />of these substitutions shall be submitted to the City’s Representative for determination <br />of general conformance to the design concept and the construction Contract. Should <br />City elect to refuse the substitution, Contractor agrees to pay such royalties and secure <br />such valid licenses as may be requisite for the City, its officers, agents and employees <br />or any of them, to use such invention, article, material or appliance without being <br />disturbed or in any way interfered with by any proceeding in law or equity on account <br />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 <br />Contract or with use of completed Work by the City shall be paid by the Contractor. The <br />Contractor and its sureties shall protect and hold the City, and City's Representative, <br />together with its officers, agents, and employees, harmless from any and all loss, <br />defense cost, and expenses and against any and all demands made for such fees or <br />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 City, <br />furnish acceptable proof of a proper release from all such fees or claims. <br />1-10 TEMPORARY TRAFFIC CONTROL <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 <br />work at signalized intersections and other critical situations as determined by the <br />Engineer.