Colacurcio Brothers, Inc. 2/26/2025

CITY OF EVERETT SPECIAL PROVISIONS Division 1 Everett Mall Bus Platform General Requirements December 2024 WO No – MALLSTN/24462 SP-99 24. Job diaries. 25. All documents which relate to each and every claim together with all documents which support the amount of damages as to each claim. 1-09.13 Claims Resolution Delete all of 1-09.13 and substitute the following: Prior to seeking claim resolution through litigation, the Contractor shall proceed under the procedures in Sections 1-04.5 and 1-09.11 and elsewhere in the Contract Documents for resolution of disputes. These must be complied with in full, as a condition precedent, to the Contractor’s right to seek claim resolution through litigation. Supplement Section 1-09 by adding the following: 1-09.14 Patents and Royalties (*****) Should the Contractor, its agent, employee or any of them be enjoined from furnishing or using any invention, article, material or plans supplied or required to be supplied or used under this Contract, Contractor shall promptly pay such royalties and secure requisite licenses; or, subject to acceptance by City, substitute other articles, materials, or appliances in lieu thereof that are of equal efficiency, quality, finish, suitability and market value to those planned or required under the Contract. Descriptive information of these substitutions shall be submitted to the City’s Representative for determination of general conformance to the design concept and the construction Contract. Should City elect to refuse the substitution, Contractor agrees to pay such royalties and secure such valid licenses as may be requisite for the City, its officers, agents and employees or any of them, to use such invention, article, material or appliance without being disturbed or in any way interfered with by any proceeding in law or equity on account thereof. Costs involved in fees, royalties, or claims for any patented invention, article, process or method that may be used upon or in a manner connected with the Work under this Contract or with use of completed Work by the City shall be paid by the Contractor. The Contractor and its sureties shall protect and hold the City, and City's Representative, together with its officers, agents, and employees, harmless from any and all loss, defense cost, and expenses and against any and all demands made for such fees or claims brought or made by the holder of any invention or patent. Before final payment is made on the account of this Contract, the Contractor shall, if requested by the City, furnish acceptable proof of a proper release from all such fees or claims. 1-10 TEMPORARY TRAFFIC CONTROL 1-10.1 General 1-10.1(2) Description Supplement 1-10.1(2) as follows: The Contractor shall provide a uniformed off-duty Police Officer to control traffic for work at signalized intersections and other critical situations as determined by the Engineer.