Absher/Stellar J Joint Venture 12/8/2025

City of Everett 00 72 00 - 23 Port Gardner Storage Facility – Facility Construction Package WO# UP-3525 00 72 00 - 23 GENERAL CONDITIONS 5.4.6. Opportunity to Cure If the Contractor has not already had an opportunity to cure the default or breach the Owner shall specify the default or breach and a reasonable period of time to allow the Contractor to cure the default or breach. The notice of termination will state the time period in which cure is permitted and other conditions as the Owner, in its sole judgment, shall deem appropriate. If Contractor fails to remedy the breach or default or any of the terms, covenants, or conditions of this Contract to the Owner’s satisfaction within the time period specified or the Owner shall have the right to terminate the Contract without any further obligation to the Contractor. Any such termination for default shall not in any way operate to preclude the Owner from also pursuing all available remedies against Contractor and its sureties for said breach or default. 5.4.7 Waiver of Remedies for Any Breach In the event that the Owner elects to waive its remedies for any breach by Contractor or any covenant, term or condition of this Contract, such waiver by the Owner shall not limit the Owner’s remedies for any succeeding breach of that or of any other term covenant, or condition of this Contract. 5.5. POSSESSION AND USE OF COMPLETED PORTIONS OF THE WORK The Owner shall have the right to take possession of and use completed or partially completed portions of the Work even though the time for completing the Work for such portions may not have expired. Operations and maintenance costs of use of such Work will be borne by the Owner. Such possession and use shall not be deemed as acceptance of the Work. If such prior possession or use increases the cost of the Work, the Contractor may be entitled to request extra compensation by giving Notice and following the procedures of ARTICLE 10. NOTICE TO OWNER and ARTICLE 12. CONTRACT CLAIMS within five (5) days of each occurrence. The Contractor shall not submit a Contract Claim for possession by the Owner of portions of the Work specifically required in the Contract Documents to be placed into use or operation before completion of the entirety of the Work. 5.6. POSSESSION OF INCOMPLETE PORTIONS OF THE PROJECT Should the Contractor fail to meet any date specified for Substantial Completion of Work or any portion of work requiring early possession and use by the Owner, the Owner may, after a 10-day notice to the Contractor, take over such portion or any Work that is behind schedule. In such case, the Owner’s Representative will prepare a list of incomplete Work taken over by the Owner. The cost of Owner's work will be charged to and deducted from amounts due to the Contractor. The Substantial Completion date of the entire or a portion of the Project will be established as the date when the Owner actually begins using the Project or portion of the Project for its intended purpose. Division of responsibilities between Owner and Contractor, beginning of warranties, and any other issues relating to Substantial Completion shall be as specified in 5.7. SUBSTANTIAL COMPLETION. 5.7. SUBSTANTIAL COMPLETION When the Contractor considers the Work to be Substantially Complete and ready for its intended use, it shall give Notice to the Owner’s Representative. The Notice shall include an itemized list of remaining incomplete Work. If the Owner’s Representative determine the Work is not substantially complete, the Contractor will be notified in writing, identifying the reasons for such a determination. If the Owner’s Representatives find the Work substantially complete, he or she will meet with the Contractor to (1) prepare a Punch List of incomplete items of Work; (2) define the division of responsibility between Owner and Contractor with respect to security, operation, maintenance, heat, utilities, insurance, and warranties; and (3) describe any other issues related to acceptance of the substantially completed Work.