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<br /> <br />delay or where loss of service may result, such corrections may be made by the City, in which case the <br />cost shall be borne by the Contractor. In the event the Contractor does not accomplish corrections at <br />the time specified, the work will be otherwise accomplished, and the cost of same shall be paid by the <br />Contractor. All warranties in the Contract Documents are cumulative; if warranties contained in the <br />Contract Document are different or conflict with each other, then the most stringent on the Contractor <br />applies. <br />1.12 CHANGE ORDERS <br />A. The City’s Project Manager reserves the right to change the Work at any time. This may be done <br />only in writing, through field directives, or otherwise. Such changes shall not invalidate the <br />Contract nor release the surety, and the Contractor agrees to perform the Work as changed. <br />The Contractor shall not proceed with a change to the Work without a written directive from <br />the City’s Project Manager. <br />B. Changes to the Work may result in an increase or decrease in Contract Price or Contract Time. If <br />the Contractor and the City agree on changes to Contract Price or Contract Time, the Contractor <br />and the City shall execute an agreed change order. However, if the Contractor and the City do <br />not agree, the City may, in its sole discretion, issue a unilateral change order changing the scope <br />of Work and making any adjustments to the Contract Price and Contract Time in such amount <br />and for such time as the City thinks appropriate. Any Contractor contract claim arising from <br />such a unilateral change order must comply with contract claims provisions set forth in the <br />Contract Documents. The Mayor will sign all change orders on behalf of the City. <br />C. As directed in writing by the City’s Project Manager, minor changes to the Work may proceed <br />prior to execution of a change order. Substantial changes in the Work will often be negotiated <br />and a change order executed before the City directs the Contractor to proceed with the change. <br />1.13 CONTRACT CLAIMS <br />The Contractor shall provide written notice to the City of any contract claim against the City relating to <br />differing site conditions, protests, work orders, revision of work orders, damages, expenses, costs, extra <br />work, or anything else arising out of this Contract. To the maximum extent allowed by law, a contract <br />claim is forever waived if such notice is not delivered to the City by the earlier of (A) the date that is <br />thirty (30) days after the discovery of the basis of such contract claim or (B) the date that is thirty (30) <br />days after completion of the Work at issue in the contract claim. <br />1.14 TERMINATION OF CONTRACT <br />A. Termination for Default. The City may terminate the Contract upon written notice to Contractor <br />and its surety whenever the Contractor is deemed to be in default or fails to fulfill, in a timely <br />and proper manner, one or more Contract obligations or is in violation of any provisions or <br />covenants of the Contract. Termination shall be effective upon receipt of such notice by the <br />Contractor. <br />(1) After termination of the Contractor for default, the City may transfer performance of <br />the Work to the Contractor's surety. The City may exclude the Contractor from the <br />worksite and take possession of the Work and all of the Contractor's tools, appliances, <br />owned or rented construction equipment, and machinery at the worksite and use the <br />same to the full extent they could be used by the Contractor. The City may incorporate