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CITY OF EVERETT SPECIAL PROVISIONS <br /> A detour provided in the Plans or approved by the Engineer for by-passing all or any <br /> portion of the construction, irrespective of whether or not the termini of the detour are <br /> within the limits of the Contract. <br /> The provisions of Section 1-04.6 will not apply to traffic control or traffic control items. <br /> However, the item "Maintenance and Protection of Traffic Control"will be considered for <br /> an equitable adjustment only when the total Contract price increases or decreases by <br /> more than 25 percent. <br /> The measurement and payment for the items included in the Bid Proposal for traffic <br /> control costs incurred within the limits of 1 and 2 above will be made to the Contractor <br /> by the City as described in these Special Provisions. <br /> 1-10.4(2) Measurement <br /> Bid items of Work completed pursuant to the Contract Documents will be measured as <br /> described in Division B — Bid Item Descriptions of these Special Provisions and Section <br /> 1-09 MEASUREMENT AND PAYMENT of the Standard Specifications. <br /> 1-10.5 Payment <br /> Delete 1-10.5 and substitute the following: <br /> 1-10.5 Payment <br /> (******) <br /> Payment for bid items of Work completed pursuant to the Contract Documents will be <br /> as described in Division B — Bid Item Descriptions of these Special Provisions and <br /> Section 1-09 MEASUREMENT AND PAYMENT of the Standard Specifications. <br /> ADD NEW SECTION 1-11 <br /> 1-11 MISCELLANEOUS <br /> (******) <br /> 1-11.1 Construction <br /> Contractor acknowledges that it has read the Contract Documents, understands them and <br /> agrees to be bound by them. <br /> 1-11.2 Applicable Law and Choice of Forum <br /> This Contract and the parties' obligations hereunder shall be governed, construed, and <br /> enforced in accordance with the laws of the State of Washington. The parties agree that <br /> Snohomish County Superior Court, in the State of Washington, shall be the exclusive forum <br /> for any action. <br /> 1-11.3 Severability <br /> In the event that any provision of the Contract Documents is held invalid, void, illegal or <br /> unenforceable, the remainder of the Contract Documents shall not be impaired or affected <br /> thereby, and each term, provision, and part shall continue in full force and effect. <br /> 1-11.4 Headings for Convenience <br /> The section and subsection headings used herein are for referral and convenience only, and <br /> shall not be used to construe or interpret the Contract Documents. <br /> 1-11.5 Waiver <br /> No waiver of one right or remedy shall act as a waiver of any other right or remedy or as a <br /> subsequent waiver of the same right or remedy. The waiver by either party of any term or <br /> condition of this Contract shall not be deemed to constitute a continuing waiver thereof nor <br /> of any further or additional right that such party may hold under this Contract. <br /> Jackson Park Area Stormwater Separation <br /> WO No— UP3703 Division 1 —GENERAL REQUIREMENTS September 2020 <br /> SP-131 <br />