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CITY OF EVERETT SPECIAL PROVISIONS <br /> Work, shall be vested in the City, and the Contractor shall, upon demand of the City, <br /> execute and deliver to the City all requisite bills of sale, assignments, and other <br /> documents of transfer that may be necessary to give effect to the intention of the <br /> termination procedures set forth above. <br /> 1-08.10(9) Opportunity to Cure <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 <br /> the terms, covenants, or conditions of this Contract to the City's satisfaction within the <br /> time period specified or the City shall have the right to terminate the Contract without <br /> any further obligation to the Contractor. Any such termination for default shall not in <br /> any way operate to preclude the City from also pursuing all available remedies against <br /> Contractor and its sureties for said breach or default. <br /> 1-08.10(10) Waiver of Remedies for Any Breach <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 calendar days of each occurrence. The <br /> Contractor shall not submit a Contract Claim for possession by the City of portions of <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 /> Water Main Replacement R Division 1 —GENERAL REQUIREMENTS March 1, 2017 <br /> WO No—UP3646 SP—98 <br />