Laserfiche WebLink
<br />Page 7 of 43 <br />Contractor does not accomplish corrections at the time specified, the work will be otherwise <br />accomplished and the cost of same shall be paid by the Contractor. All warranties in the Contract <br />Documents are cumulative; if warranties contained in the Contract Document are different or conflict <br />with each other, then the most stringent on the Contractor applies. <br />1.28 CONTRACT CLAIMS <br />The Contractor shall provide written notice to 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 thirty <br />(30) days after the discovery of the basis of such contract claim or (B) the date that is thirty (30) days after <br />completion of the Work at issue in the contract claim. <br />1.29 TERMINATION OF CONTRACT <br />A. Termination for Default. The City may terminate the Contract upon written notice to Contractor and <br />its surety whenever the Contractor is deemed to be in default or fails to fulfill, in a timely and proper <br />manner, one or more Contract obligations, or is in violation of any provisions or covenants of the <br />Contract. Termination shall be effective upon receipt of such notice by the Contractor. Where the <br />Contractor services have been so terminated by the City, the termination shall not affect any rights of <br />the City against the Contractor then existing or which may thereafter accrue. Any retention or <br />payment of monies due the Contractor by the City will not release the Contractor from liability. If the <br />City terminates this agreement for default, and it is thereafter determined that the Contractor had <br />not so failed to perform its obligations or defaulted in any way, the termination shall then be deemed <br />to have been made for the convenience of the City pursuant to subsection B, Termination For <br />Convenience, as noted below. <br />B. Termination for Convenience. Without prejudice to any other remedy it may have under law or <br />and/or the provisions of the Contract, the City may terminate this Contract for convenience, with or <br />without cause, in whole or in part, at any time by giving written notice to the Contractor. Termination <br />will be effective upon receipt of such notice by the Contractor. The Contractor shall immediately <br />discontinue Work and take all reasonable steps with its suppliers and subcontractors to minimize <br />cancellation charges and other costs. <br />(1) After termination for convenience, payment to the Contractor shall only be for Work completed <br />through the termination date. <br />(2) To the extent not paid for in the City’s payments for completed Work, the City will pay those <br />direct costs necessarily and actually incurred by the Contractor in reasonable anticipation of <br />performing Work required under already issued work orders. <br />(3) No claim for damages of any kind for loss of anticipated profits or consequential damages will be <br />allowed because of termination for convenience. <br />1.30 INSURANCE <br />A. The Contractor shall comply with the following conditions and procure and keep in force during the <br />term of this Contract, at the Contractor’s own cost and expense, the following policies of insurance <br />with companies authorized to do business in the State of Washington, which are rated at least “A” or <br />better and with a numerical rating of no less than seven (7), by A.M. Best Company and which are <br />acceptable to the City.