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I <br /> CITY OF EVERETT SPECIAL PROVISIONS I <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 <br /> work will be borne by the City. Such possession and use shall not be deemed as <br /> acceptance of the Work. If such prior possession or use increases the cost of the <br /> Work, the Contractor may be entitled to request extra compensation by giving Notice <br /> and following the procedures of 1-04.5 NOTICE BY THE CONTRACTOR and 1-09.11 <br /> DISPUTES AND CLAIMS within five (5) calendar days of each occurrence. The <br /> Contractor shall not submit a Contract Claim for possession by the City of portions of <br /> 111 <br /> the Work specifically required in the Contract Documents to be placed into use or <br /> operation or both before 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 <br /> use by the City, the City may, after a 14 calendar day Notice to the Contractor, take <br /> over such portion or any Work that is behind schedule. In such case, the City's <br /> Representative will prepare a list of incomplete Work taken over by the City. The cost <br /> of City's work will be charged to and deducted from amounts due to the Contractor. <br /> The Substantial Completion date of the entire or a portion of the Project will be <br /> established as the date when the City actually begins using the Project or portion of <br /> the Project for its intended purpose. Division of responsibilities between City and <br /> Contractor, beginning of warranties, and any other issues relating to Substantial <br /> Completion shall be as specified in 1-08.5(2) SUBSTANTIAL COMPLETION. <br /> Supplement Section 1-08 by adding the following: <br /> 1-08.11 Record Drawings <br /> 1-08.11(1) Description I <br /> This section specifies the requirements for preparing record drawings. The Contractor, <br /> with the cooperation and assistance of the City Inspector, is responsible for marking up <br /> record drawings during the course of construction. The Contractor shall keep the <br /> record drawings up to date at all times during the course of construction. <br /> The Inspector will verify the record drawings are accurate and complete before <br /> accepting the Contractors monthly pay request. If the record drawings are not current <br /> or accurate, the pay request will not be processed. <br /> As the Contract approaches Final Acceptance, prepare, with the assistance of the <br /> Inspector, a complete and accurate set of record drawings. The Inspector must <br /> approve the record drawings prior to Final Acceptance. Final Acceptance will not be <br /> issued until the City accepts the record drawings. <br /> Water Main Replacement"Q" Division 1 —GENERAL CONDITIONS July 8, 2016 <br /> -Broadway <br /> WO No.—UP3612 SP-102 <br /> I <br />