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1 <br /> CITY OF EVERETT PUBLIC WORKS DOCUMENT 00 72 13 <br /> SPECIAL PROVISIONS GENERAL CONDITIONS <br /> 19. Depreciation records on all company equipment whether these records are maintained by the <br /> company involved,its accountant,or others. <br /> a. If a source other than depreciation records is used to develop costs for the Contractor's <br /> internal purposes in establishing the actual cost of owning and operating equipment, all <br /> such other source documents which support the amount of damages as to each Contract <br /> Claim. <br /> 20. Worksheets or software used to prepare the Contract Claim establishing the cost components <br /> for items of the Contract Claim including but not limited to labor, benefits and insurance, <br /> materials, equipment, Subcontractors, all documents which establish the time periods, <br /> individuals involved,the hours for the individuals,and the rates for the individuals. <br /> 21. Worksheets,software, and all other documents used by the Contractor to prepare its Bid. <br /> a. The employees or representatives of the Owner may audit these documents. <br /> 1 b. The Contractor and its Subcontractors shall provide adequate facilities acceptable to the <br /> Owner for the audit during normal business hours. <br /> c. The Contractor and all Subcontractors shall cooperate with the Owner's auditors. <br /> 1 22. Correspondence,notes,and memoranda. <br /> 23. Job diaries. <br /> ' ARTICLE 18 MISCELLANEOUS <br /> 18.1 Construction <br /> A. Contractor acknowledges that it has read the Contract Documents, understands them and agrees <br /> to be bound by them. <br /> 18.2 Applicable Law and Choice of Forum <br /> A. This Contract and the parties'obligations hereunder shall be governed,construed,and enforced in <br /> accordance with the laws of the State of Washington. <br /> B. The parties agree that Snohomish County, in the State of Washington, shall be the proper forum <br /> for any action. <br /> 1 18.3 Severability <br /> A. 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 /> 18.4 Headings for Convenience. <br /> A. The section and subsection headings used herein are for referral and convenience only, and shall <br /> not be used to construe or interpret the Contract Documents. <br /> ' 18.5 Waiver <br /> A. 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. <br /> PSO6 REROUTE 007213 -71 <br /> WO NO.—UP3583 MAY 2016 <br /> I <br />