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CITY OF EVERETT SPECIAL PROVISIONS <br /> <br />Water Main Replacement “Y” – Ph 2 Div 1 – GEN REQUIREMENTS October 2025 <br />Work Order No. UP 3814 SP-140 <br />Category 2: Sensitive information <br />Category 2: For official use only / disclosure permissible by law. <br />22. Worksheets, software, and all other documents used by the Contractor to <br />prepare its Bid. The employees or representatives of the City may audit these <br />documents. The Contractor and its Subcontractors shall provide adequate <br />facilities acceptable to the City for the audit during normal business hours. The <br />Contractor and all Subcontractors shall cooperate with the City’s 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 documents <br />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 or <br />using any invention, article, material or plans supplied or required to be supplied or used <br />under this Contract, Contractor shall promptly pay such royalties and secure requisite <br />licenses; or, subject to acceptance by City, substitute other articles, materials, or appliances <br />in lieu thereof that are of equal efficiency, quality, finish, suitability and market value to those <br />planned or required under the Contract. Descriptive information of these substitutions shall <br />be submitted to the City’s Representative for determination of general conformance to the <br />design concept and the construction Contract. Should City elect to refuse the substitution, <br />Contractor agrees to pay such royalties and secure such valid licenses as may be requisite <br />for the City, its officers, agents and employees or any of them, to use such invention, article, <br />material or appliance without being disturbed or in any way interfered with by any proceeding <br />in law or equity on account 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 Contract <br />or with use of completed Work by the City shall be paid by the Contractor. The Contractor <br />and its sureties shall protect and hold the City, and City's Representative, together with its <br />officers, agents, and employees, harmless from any and all loss, defense cost, and expenses <br />and against any and all demands made for such fees or claims brought or made by the holder <br />of any invention or patent. Before final payment is made on the account of this Contract, the <br />Contractor shall, if requested by the City, furnish acceptable proof of a proper release from <br />all such fees or claims. <br /> <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.