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City of Everett 00 72 00 - 21 <br /> <br /> <br /> <br />00 72 00 - 21 GENERAL CONDITIONS <br />any of the terms, covenants, or conditions of this Contract to the Owner’s satisfaction within the time <br />period specified or the Owner shall have the right to terminate the Contract without any further obligation <br />to the Contractor. Any such termination for default shall not in any way operate to preclude the Owner <br />from also pursuing all available remedies against Contractor and its sureties for said breach or default. <br />5.4.7 Waiver of Remedies for Any Breach <br />In the event that the Owner elects to waive its remedies for any breach by Contractor or any covenant, <br />term or condition of this Contract, such waiver by the Owner shall not limit the Owner’s remedies for any <br />succeeding breach of that or of any other term covenant, or condition of this Contract. <br />5.5. POSSESSION AND USE OF COMPLETED PORTIONS OF THE WORK <br />The Owner shall have the right to take possession of and use completed or partially completed portions of <br />the Work even though the time for completing the Work for such portions may not have expired. <br />Operations and maintenance costs of use of such Work will be borne by the Owner. Such possession and <br />use shall not be deemed as acceptance of the Work. If such prior possession or use increases the cost of <br />the Work, the Contractor may be entitled to request extra compensation by giving Notice and following <br />the procedures of ARTICLE 10. NOTICE TO OWNER and ARTICLE 12. CONTRACT <br />CLAIMS within five (5) days of each occurrence. The Contractor shall not submit a Contract Claim for <br />possession by the Owner of portions of the Work specifically required in the Contract Documents to be <br />placed into use or operation before completion of the entirety of the Work. <br />5.6. POSSESSION OF INCOMPLETE PORTIONS OF THE PROJECT <br />Should the Contractor fail to meet any date specified for Substantial Completion of Work or any portion <br />of work requiring early possession and use by the Owner, the Owner may, after a 10-day notice to the <br />Contractor, take over such portion or any Work that is behind schedule. In such case, the Owner’s <br />Representative will prepare a list of incomplete Work taken over by the Owner. The cost of Owner's <br />work will be charged to and deducted from amounts due to the Contractor. The Substantial Completion <br />date of the entire or a portion of the Project will be established as the date when the Owner actually <br />begins using the Project or portion of the Project for its intended purpose. Division of responsibilities <br />between Owner and Contractor, beginning of warranties, and any other issues relating to Substantial <br />Completion shall be as specified in 5.7. SUBSTANTIAL COMPLETION. <br />5.7. SUBSTANTIAL COMPLETION <br />When the Contractor considers the Work to be Substantially Complete and ready for its intended use, it <br />shall give Notice to the Owner’s Representative. The Notice shall include an itemized list of remaining <br />incomplete Work. If the Owner’s Representative determine the Work is not substantially complete, the <br />Contractor will be notified in writing, identifying the reasons for such a determination. If the Owner’s <br />Representatives find the Work substantially complete, he or she will meet with the Contractor to (1) <br />prepare a Punch List of incomplete items of Work; (2) define the division of responsibility between <br />Owner and Contractor with respect to security, operation, maintenance, heat, utilities, insurance, and <br />warranties; and (3) describe any other issues related to acceptance of the substantially completed Work. <br />If the Owner’s Representative is not an employee of the Owner, the Owner’s Representative will write to <br />the Owner upon reaching agreement with the Contractor, certifying that the Work is substantially <br />complete, listing the items of incomplete Work, stating the date for completion of incomplete Work, <br />defining the division of responsibilities, and setting forth any other terms related to acceptance. In such <br />event, the Owner will review the Owner’s Representative's certification that the Work is substantially <br />complete. If the Owner concurs, the Owner will notify the Contractor in writing that the Work is <br />accepted as substantially complete. Except for any portion(s) of Work specified for early completion or <br />required by the Owner for early possession, Substantial Completion will not occur for any Work until the <br />entire Project is ready for possession and use. The acceptance notice will include a Punch List of <br />incomplete Work items and corrective Work, set the date for their completion and repair, describe the <br />division of responsibility between the Owner and Contractor, and describe any other terms of acceptance.