Goldfinch Brothers, Inc. 10/9/2023

work within a reasonable time. In emergencies where damage may result from delay or where loss of service may result, such corrections may be made by the City, in which case the cost shall be borne by the Contractor. In the event the Contractor does not accomplish corrections at the time specified, the work will be otherwise accomplished, and the cost of same shall be paid by the Contractor. All warranties in the Contract Documents are cumulative; if warranties contained in the Contract Document are different or conflict with each other, then the most stringent on the Contractor applies. 1.3 CHANGE ORDERS A. The City’s Project Manager reserves the right to change the Work at any time. This may be done only in writing, through field directives, or otherwise. Such changes shall not invalidate the Contract nor release the surety, and the Contractor agrees to perform the Work as changed. The Contractor shall not proceed with a change to the Work without a written directive from the City’s Project Manager. B. Changes to the Work may result in an increase or decrease in Contract Price or Contract Time. If the Contractor and the City agree on changes to Contract Price or Contract Time, the Contractor and the City shall execute an agreed change order. However, if the Contractor and the City do not agree, the City may, in its sole discretion, issue a unilateral change order changing the scope of Work and making any adjustments to the Contract Price and Contract Time in such amount and for such time as the City thinks appropriate. Any Contractor contract claim arising from such a unilateral change order must comply with contract claims provisions set forth in the Contract Documents. The Mayor will sign all change orders on behalf of the City. C. As directed in writing by the City’s Project Manager, minor changes to the Work may proceed prior to execution of a change order. Substantial changes in the Work will often be negotiated and a change order executed before the City directs the Contractor to proceed with the change. 1.4 CONTRACT CLAIMS The Contractor shall provide written notice to the City of any contract claim against the City relating to differing site conditions, protests, work orders, revision of work orders, damages, expenses, costs, extra work, or anything else arising out of this Contract. To the maximum extent allowed by law, a contract claim is forever waived if such notice is not delivered to the City by the earlier of (A) the date that is thirty (30) days after the discovery of the basis of such contract claim or (B) the date that is thirty (30) days after completion of the Work at issue in the contract claim. 1.5 TERMINATION OF CONTRACT A. Termination for Default. The City may terminate the Contract upon written notice to Contractor and its surety whenever the Contractor is deemed to be in default or fails to fulfill, in a timely and proper manner, one or more Contract obligations or is in violation of any provisions or covenants of the Contract. Termination shall be effective upon receipt of such notice by the Contractor. (1) After termination of the Contractor for default, the City may transfer performance of the Work to the Contractor's surety. The City may exclude the Contractor from the worksite and take possession of the Work and all of the Contractor's tools, appliances, owned or rented construction equipment, and machinery at the worksite and use the same to the full extent they could be used by the Contractor. The City may incorporate in the Work all materials and equipment stored at the worksite or for which the City has paid the Contractor but which are not yet on the worksite. In such case, the Contractor will not be entitled to receive any further payment until the Work is finished. At the City’s sole option, Contractor shall assign and transfer any contractual rights to material and