Faber Construction Corporation 4/23/2025

CITY OF EVERETT SPECIAL PROVISIONS LS47-Beverly Lake Sewer Replacement Division 1 – GENERAL REQUIREMENTS January 30, 2025 WO No – UP3529 SP – 135 statements for three years preceding execution of the Contract and three years following Final Acceptance of the Contract. 19. Depreciation records on all company equipment whether these records are maintained by the company involved, its accountant, or others. 20. If a source other than depreciation records is used to develop costs for the Contractor’s internal purposes in establishing the actual cost of owning and operating equipment, all such other source documents that support the amount of damages as to each Contract Claim. 21. Worksheets or software used to prepare the Contract Claim establishing the cost components for items of the Contract Claim including but not limited to labor, benefits and insurance, materials, equipment, Subcontractors, all documents that establish the time periods, individuals involved, the hours for the individuals, and the rates for the individuals. 22. Worksheets, software, and all other documents used by the Contractor to prepare its Bid. The employees or representatives of the City may audit these documents. The Contractor and its Subcontractors shall provide adequate facilities acceptable to the City for the audit during normal business hours. The Contractor and all Subcontractors shall cooperate with the City’s auditors. 23. Correspondence, notes, and memoranda. 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