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CITY OF EVERETT SPECIAL PROVISIONS <br /> The provisions of Section 1-04.6 will not apply to traffic control or traffic control items. However, <br /> the item "Maintenance and Protection of Traffic Control" will be considered for an equitable <br /> adjustment only when the total Contract price increases or decreases by more than 25 percent. <br /> 111 <br /> The measurement and payment for the items included in the Bid Proposal for traffic control costs <br /> incurred within the limits of 1 and 2 above will be made to the Contractor by the City as described <br /> in these Special Provisions. <br /> 1-10.4(2) Measurement <br /> (******) <br /> Bid items of Work completed pursuant to the Contract Documents will be measured as described <br /> in Division B — Bid Item Descriptions of these Special Provisions and Section 1-09 <br /> 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 /> Payment for bid items of Work completed pursuant to the Contract Documents will be as <br /> described in Division B — Bid Item Descriptions of these Special Provisions and Section 1-09 <br /> 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 agrees to <br /> 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 enforced in <br /> accordance with the laws of the State of Washington. The parties agree that Snohomish County <br /> Superior Court, in the State of Washington, shall be the exclusive forum 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 unenforceable, <br /> the remainder of the Contract Documents shall not be impaired or affected thereby, and each term, <br /> 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 shall not <br /> 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 subsequent <br /> waiver of the same right or remedy. The waiver by either party of any term or condition of this Contract <br /> shall not be deemed to constitute a continuing waiver thereof nor of any further or additional right that <br /> such party may hold under this Contract. <br /> 1-11.6 City of Everett Business License <br /> Contractor and Contractor's Subcontractors shall have a City of Everett business license prior to <br /> performing any Work pursuant to this Agreement. <br /> SEI to SRI Intertie,SRO8 Rehab Division 1 -GENERAL REQUIREMENTS WO No.-UP3714 <br /> SP-124 <br />