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I <br /> CITY OF EVERETT 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 <br /> Section 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, <br /> and 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, <br /> state or private agencies, Contractor shall comply with all terms and conditions prescribed <br /> for third party contracts in the grant and all said terms and conditions shall be deemed <br /> Water Main Replacement"S" Division 1 -GENERAL REQUIREMENTS January 29, 2018 <br /> WO No-UP3664 SP-127 <br /> I <br />