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CITY OF EVERETT SPECIAL PROVISIONS <br />3rd Ave Water Quality Facility Division 1 – GENERAL REQUIREMENTS September 20, 2024 <br />WO No – UP3775 SP – 106 <br />be vested in the City, and the Contractor shall, upon demand of the City, execute and <br />deliver to the City all requisite bills of sale, assignments, and other documents of transfer <br />that may be necessary to give effect to the intention of the termination procedures set <br />forth above. <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 may provide a reasonable period of time to <br />allow the Contractor to cure the default or breach. The notice of termination will state <br />the time period, if any, in which cure is permitted and other conditions as the City, in its <br />sole judgment, shall deem appropriate. If (1) a time period is so provided and if <br />Contractor fails to remedy the breach or default or any of the terms, covenants, or <br />conditions of this Contract to the City’s satisfaction within the time period specified or (2) <br />no time period is provided, then the City shall have the right to terminate the Contract <br />without any further obligation to the Contractor. Any such termination for default shall <br />not in any way operate to preclude the City from also pursuing all available remedies <br />against Contractor 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: