IMCO General Construction 12/13/2022

I City of Everett 00 72 00 - 21 Water Filter Plant Portal 4 Improvements WO# 3755 12. If Contractor performs Work which deviates from the Contract. 13. If Contractor otherwise violates in any material way any provisions or requirements of the Contract. After termination of the Contractor for default,the Owner may transfer performance of the Work to the Contractor's surety. The Owner may exclude the Contractor from the Site and take possession of the Work and all of the Contractor's tools,appliances,owned or rented construction equipment,and machinery at the Site and use the same to the full extent they could be used by the Contractor. The Owner may incorporate in the Work all materials and Equipment stored at the Site or for which the Owner has paid the Contractor,but which are not yet on Site. In such case,the Contractor will not be entitled to receive any further payment until the Work is finished. At the Owner's sole option,Contractor shall assign and transfer any contractual rights to material and Equipment to be installed,incorporated,or used in the performance of the Work. Owner shall credit Contractor for the reasonable fair market rental value of any and all Contractor owned equipment for so long as retained and used by the Owner. Owner shall credit Contractor for all materials and supplies on Site or on order,but not yet paid for by Owner, provided that ownership is transferred and assigned to the Owner and the materials and supplies conform to the requirements of the Contract Documents. If the unpaid balance of the Contract Sum exceeds the direct and indirect cost of the completed Work, including construction management services,such excess shall be paid to the Contractor. If such costs exceed such unpaid balance,the Contractor shall pay the difference to the Owner. Such costs incurred by the Owner will be verified by the Owner's Representative and incorporated into a Change Order,but in finishing the Work,the Owner may negotiate for materials,Equipment and services to complete the Work and will not be required to obtain the lowest figure for Work performed. Where the Contractor services have been so terminated by the Owner,the termination shall not affect any rights of the Owner against the Contractor then existing or which may thereafter accrue. Any retention or payment of monies due the Contractor by the Owner will not release the Contractor from liability. ,. If the Owner terminates this agreement for default,and it is thereafter determined that the Contractor had not so failed to perform its obligations or defaulted in any way,the termination shall then be deemed to have been made for the convenience of the Owner pursuant to 5.4.2 Termination For Convenience. In that event,any adjustment of Contract Sum shall be in accordance with the General Conditions. The Contractor covenants and agrees that in the event suit is instituted by the Owner for any default on the part of the Contractor and the Contractor is adjudged by court of competent jurisdiction to be in default,the Contractor shall pay to the Owner all costs,expenses expended or incurred by the Owner in connection therewith. In exercising the Owner's right to prosecute the Physical Completion of the Work,the Owner shall have the right to exercise its sole discretion as to the manner,method,and reasonableness of the costs of completing the Work.In the event that the Owner takes Bids for remedial Work or Physical Completion of the project,the Contractor shall not be eligible for the Award of such Contracts. 5.4.2. Termination for Convenience Without prejudice to any other remedy it may have under law or and/or the provisions of the Contract,the 1 Owner may terminate this Contract for convenience,with or without cause, in whole or in part,at any time by giving written notice to the Contractor. Termination will be effective upon receipt of such Notice by the Contractor. The Contractor shall immediately discontinue Work and take all reasonable steps with its suppliers and subcontractors to minimize cancellation charges and other costs. In the event of termination for convenience,the Contractor shall be compensated as provided in 9.2.3. Deleted Work.The Contractor will be entitled to no further payments whatsoever for the Work. I 00 72 00 - 21 GENERAL CONDITIONS