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' Informational Addendum—GCB2316
<br /> Washington's Department of Transportation requires the City of Everett(referred to as the "CONTRACTOR") to
<br /> include and manage the following clauses in all contracts and invitations to bid
<br /> 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 representatives,
<br /> to inspect all Project work materials,payrolls,maintenance records, and other data, and to audit the books, records, and
<br /> accounts of the CONTRACTOR and its contractors pertaining to the Project.The CONTRACTOR agrees to require each
<br /> third party contractor to permit WSDOT, the State Auditor, or their duly authorized representatives,to inspect all work,
<br /> materials, payrolls, maintenance records, and other data and records involving that third party contract, and to audit the
<br /> books,records, and accounts involving that third party contract as it affects the 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 facilities,
<br /> associated equipment and/or infrastructure using either of the followingmethods:
<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 stolen,
<br /> 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 that
<br /> 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/orinfrastructure.
<br /> ' D If the CONTRACTOR intends to replace the Project facilities,associated equipment and/or infrastructure then WSDOT
<br /> will reimburse the CONTRACTOR upon receipt of an approved invoice, funds up to the amount WSDOT received in
<br /> ' insurance proceeds.
<br /> E.Coverage,if obtained or provided by the CONTRACTOR in compliance with this section,shall not be deemed as having
<br /> relieved the CONTRACTOR of any liability in excess of such coverage as required by the limitation of liability section of
<br /> ' 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 WSDOT
<br /> arising out of, in connection with or incident to this AGREEMENT and/or the CONTRACTOR's performance or failure
<br /> to perform any aspect of this AGREEMENT. This indemnity provision applies to all claims against WSDOT,
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