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City of Everett 00 72 00 - 55
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<br />00 72 00 - 55 GENERAL CONDITIONS
<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 final
<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 />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.
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