Laserfiche WebLink
CITY OF EVERETT SPECIAL PROVISIONS <br /> 1-08.10(9) Opportunity to Cure <br /> (******) <br /> If the Contractor has not already had an opportunity to cure the default or breach the <br /> City shall specify the default or breach and a reasonable period of time to allow the <br /> Contractor to cure the default or breach. The Notice of termination will state the time <br /> period in which cure is permitted and other conditions as the City, in its sole judgment, <br /> shall deem appropriate. If Contractor fails to remedy the breach or default or any of the <br /> terms, covenants, or conditions of this Contract to the City's satisfaction within the time <br /> period specified or the City shall have the right to terminate the Contract without any <br /> further obligation to the Contractor. Any such termination for default shall not in any way <br /> operate to preclude the City from also pursuing all available remedies against Contractor <br /> and its sureties for said breach or default. <br /> 1-08.10(10) Waiver of Remedies for Any Breach <br /> (******) <br /> In the event that the City elects to waive its remedies for any breach by Contractor or <br /> any covenant, term or condition of this Contract, such waiver by the City shall not limit <br /> the City's remedies for any succeeding breach of that or of any other term covenant, or <br /> condition of this Contract. <br /> 1-08.10(11) Possession and Use of Completed Portions of the Work <br /> (******) <br /> The City shall have the right to take possession of and use completed or partially <br /> completed portions of the Work even though the time for completing the Work for such <br /> portions may not have expired. Operations and maintenance costs of use of such work <br /> will be borne by the City. Such possession and use shall not be deemed as acceptance <br /> of the Work. If such prior possession or use increases the cost of the Work, the <br /> Contractor may be entitled to request extra compensation by giving Notice and following <br /> the procedures of 1-04.5 NOTICE BY THE CONTRACTOR and 1-09.11 DISPUTES <br /> AND CLAIMS within five calendar days of each occurrence. The Contractor shall not <br /> submit a Contract Claim for possession by the City of portions of the Work specifically <br /> required in the Contract Documents to be placed into use or operation or both before <br /> completion of the entirety of the Work. <br /> 1-08.10(12) Possession of Incomplete Portions of the Project <br /> (******) <br /> Should the Contractor fail to meet any date specified for Substantial Completion or <br /> Physical Completion of Work or any portion of Work requiring early possession and use <br /> by the City, the City may, after a 14 calendar day Notice to the Contractor, take over such <br /> portion or any Work that is behind schedule. In such case, the City's Representative will <br /> prepare a list of incomplete Work taken over by the City. The cost of City's work will be <br /> charged to and deducted from amounts due to the Contractor. The Substantial <br /> Completion date of the entire or a portion of the Project will be established as the date <br /> when the City actually begins using the Project or portion of the Project for its intended <br /> purpose. Division of responsibilities between City and Contractor, beginning of <br /> warranties, and any other issues relating to Substantial Completion shall be as specified <br /> in 1-08.5(2) SUBSTANTIAL COMPLETION. <br /> Supplement Section 1-08 by adding the following: <br /> Jackson Park Area Stormwater Separation <br /> WO No—UP3703 Division 1 —GENERAL REQUIREMENTS September 2020 <br /> SP-107 <br />