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23. Correspondence,notes, and memoranda.
<br /> 24. Job diaries.
<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 the
<br /> administrative 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 under this
<br /> Contract, Contractor shall promptly pay such royalties and secure requisite licenses; or, subject to
<br /> acceptance by City, substitute other articles, materials, or appliances in lieu thereof that are of equal
<br /> efficiency, quality, finish, suitability and market value to those planned or required under the
<br /> Contract. Descriptive information of these substitutions shall be submitted to the City's
<br /> ' Representative for determination of general conformance to the design concept and the construction
<br /> Contract. Should City elect to refuse the substitution, Contractor agrees to pay such royalties and
<br /> secure such valid licenses as may be requisite for the City, its officers, agents and employees or any
<br /> of them, to use such invention, article, material or appliance without being disturbed or in any way
<br /> ' interfered with by any proceeding in law or equity on account thereof.
<br /> Costs involved in fees, royalties, or claims for any patented invention, article,process or method that
<br /> may be used upon or in a manner connected with the Work under this Contract or with use of
<br /> ' completed Work by the City shall be paid by the Contractor. The Contractor and its sureties shall
<br /> protect and hold the City, and City'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
<br /> demands made for such fees or claims brought or made by the holder of any invention or patent.
<br /> Before final payment is made on the account of this Contract, the Contractor shall, if requested by
<br /> the Owner,furnish acceptable proof of a proper release from all such fees or claims.
<br /> ' Supplement Section 1-09 by adding the following:
<br /> 1-09.15 Temporary Access Drive
<br /> Temporary Access Drive consists of constructing a paved temporary drive for use in
<br /> p Y
<br /> providing access to the project site for the duration of construction. Upon completion of the
<br /> ' project, the access drive will be deconstructed, materials hauled off site, and the area
<br /> restored.
<br /> ' Based on the lump sum contract price for "Temporary Access Drive," partial payments will
<br /> be made as follows:
<br /> '
<br /> I. When the temporary access drive is completed and acceptable by the engineer for
<br /> opening to business traffic, 50 percent of the total lump sum price is earned.
<br /> 2. Upon project completion and the temporary access drive is deconstructed and site
<br /> ' restored, in the opinion of the engineer, the remaining 50 percent of the total lump
<br /> sum price is earned.
<br /> I
<br /> HAYES STREET REGULATOR February,2017
<br /> AND CSO CONTROLS (SRO1, SRO2, AND SRO3)
<br /> WO No—UP3398-31 SP- 132
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