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B. General Audit Requirements. The CONTRACTOR agrees to obtain any other audits required by WSDOT at
<br /> CONTRACTOR's expense. Project closeout will not alter the CONTRACTOR's audit responsibilities.
<br /> C. Inspection. The CONTRACTOR agrees to permit WSDOT, and the State Auditor, or their authorized
<br /> representatives, to inspect all Project work materials, payrolls, maintenance records, and other data, and to audit the
<br /> books, records, and accounts of the CONTRACTOR and its contractors pertaining to the Project. The CONTRACTOR
<br /> agrees to require each third party contractor to permit WSDOT, the State Auditor, or their duly authorized
<br /> representatives, to inspect all work, materials, payrolls, maintenance records, and other data and records involving that
<br /> third party contract, and to audit the books, records, and accounts involving that third party contract as it affects the
<br /> Project.
<br /> Section 22
<br /> Permitting
<br /> The CONTRACTOR agrees to be solely responsible for all required Federal, State and/or local permitting as related to
<br /> the Project.
<br /> Section 23
<br /> Loss or Damage to the Project
<br /> A. The CONTRACTOR, at its own expense, shall cover any loss, theft, damage, or destruction of the Project's
<br /> facilities,associated equipment and/or infrastructure using either of the following methods:
<br /> 1. The CONTRACTOR shall maintain property insurance for facilities,associated equipment and/or infrastructure
<br /> adequate to cover the value of the Project; the CONTRACTOR shall supply a copy of the Certificate of Insurance
<br /> specifying such coverage to WSDOT with the first request for reimbursement, and supply proof of renewal annually
<br /> thereafter;or
<br /> 2. The CONTRACTOR shall certify that it has self-insurance and provide a written certificate of self-insurance to
<br /> WSDOT with the first request for reimbursement, and annually thereafter. The CONTRACTOR will cover from its own
<br /> resources the costs of repairing or replacing any Project facilities, associated equipment and/or infrastructure, if it is
<br /> stolen,damaged,or destroyed in any manner.
<br /> B. If the damage to the Project does not result in a total loss, payments for damage shall be paid directly to the
<br /> CONTRACTOR. The CONTRACTOR shall,within thirty(30)days,either: 1. Devote all of the insurance proceeds
<br /> received to repair the Project and place it back in service, and the CONTRACTOR shall, at its own expense, pay any
<br /> portion of the cost of repair which is not covered by insurance;or
<br /> 2. In the event the CONTRACTOR certified to self-insurance,devote all funds necessary to repair the Project and
<br /> place it back into service.
<br /> C. If the Project is a total loss,either by theft or damage,the insurance proceeds or equivalent shall be paid directly to
<br /> the CONTRACTOR and within fifteen(15)days the CONTRACTOR shall pay WSDOT its proportionate funded share
<br /> of such proceeds received. The CONTRACTOR shall within sixty (60)days of loss, theft,or damage, notify WSDOT
<br /> that it either:
<br /> 1. Intends to replace the lost Project facilities,associated equipment and/or infrastructure;or
<br /> 2. Does not intend to replace the lost Project facilities,associated equipment and/or infrastructure.
<br /> D If the CONTRACTOR intends to replace the Project facilities, associated equipment and/or infrastructure then
<br /> WSDOT will reimburse the CONTRACTOR upon receipt of an approved invoice, funds up to the amount WSDOT
<br /> received in insurance proceeds.
<br /> E. Coverage, if obtained or provided by the CONTRACTOR in compliance with this section, shall not be deemed as
<br /> having relieved the CONTRACTOR of any liability in excess of such coverage as required by the limitation of liability
<br /> section of this AGREEMENT,or otherwise.
<br /> Section 24
<br /> Limitation of Liability
<br /> A. The CONTRACTOR shall indemnify and hold WSDOT, its agents, employees, and officers harmless from and
<br /> process and defend at its own expense any and all claims, demands, suits at law or equity, actions, penalties, losses,
<br /> damages, or costs (hereinafter referred to collectively as "claims"), of whatsoever kind or nature brought against
<br /> WSDOT arising out of, in connection with or incident to this AGREEMENT and/or the CONTRACTOR's performance
<br /> or failure to perform any aspect of this AGREEMENT. This indemnity provision applies to all claims against WSDOT,
<br /> GCB2316 Page 6 of 11
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