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CITY OF EVERETT SPECIAL PROVISIONS <br />LS47-Beverly Lake Sewer Replacement Division 1 – GENERAL REQUIREMENTS January 30, 2025 <br />WO No – UP3529 SP – 140 <br />1-10.4(2) Measurement <br />(******) <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 />1-11.6 City of Everett Business License <br />Contractor and Contractor’s Subcontractors shall have a City of Everett business license <br />prior to performing any Work pursuant to this Agreement. <br />1-11.7 Compliance with Federal, State and Local Laws <br />Contractor shall comply with and obey all federal, state and local laws, regulations, and <br />ordinances applicable to the operation of its business and to its performance of Work <br />hereunder. If, and to the extent, this Contract receives financial assistance from federal, state <br />or private agencies, Contractor shall comply with all terms and conditions prescribed for third <br />party contracts in the grant and all said terms and conditions shall be deemed incorporated