Reso 2025-3917 - Laserfiche WebLink

Home Browse Search

11.2.2. If within one (1) year after Final Completion of the Work any of the Work is found to be defective or not in accordance with this Contract, the Contractor shall correct it promptly upon receipt of written notice from the City. This obligation shall survive final payment by the City and termination of this Contract. With respect to Work completed after Final Completion, this one-year obligation to specifically correct defective and non -conforming Work shall be extended by the period of time which elapses between Final Completion and acceptance of the subject Work by the City and the Engineer/ Architect. 11.2.3. Nothing contained in this Paragraph 11.2 shall establish any period of limitation with respect to other obligations which the Contractor has under this Contract. Establishment of the one-year time period in Subparagraph 11.2.2 relates only to the duty of the Contractor to specifically correct the Work. 11.3 The City May Accept Defective or Non -conforming Work 11.3.1. If the City chooses to accept defective or non -conforming Work, the City may do so. In such event, the Contract Price shall be reduced by the greater of: (a) the reasonable cost of removing and correcting the defective or non -conforming Work, and (b) the difference between the fair market value of the Project as constructed and the fair market value of the Project had it not been constructed in such a manner as to include defective or nonconforming Work. If the remaining portion of the unpaid Contract Price, if any, is insufficient to compensate the City for its acceptance of defective or non -conforming Work, the Contractor shall, upon written demand from the City, pay the City such remaining compensation for accepting defective or non -conforming Work. ARTICLE XII CONTRACT TERMINATION 12.1 Termination by the Contractor 12.1.1. If the Work is stopped for a period of ninety (90) days by an order of any court or other public authority, or as a result of an act of the Government, through no fault of the Contractor or any person or entity working directly or indirectly for the Contractor, the Contractor may, upon twenty (20) days' written notice to the City and the Engineer / Architect terminate performance under this Contract and recover from the City payment for the actual reasonable expenditures of the Contractor (as limited in Subparagraph 10.3.2 above) for all Work executed and for materials, equipment, tools, construction equipment and machinery actually purchased or rented solely for the Work, less any salvage value of any such items. 12.1.2. If the City shall persistently or repeatedly fail to perform any material obligation to the Contractor for a period of thirty (30) days after receiving written notice from the Contractor of its intent to terminate hereunder, the Contractor may terminate performance •:under this Contract by written notice to the Engineer / Architect and the City. In such event, the Contractor shall be entitled to recover from the City as though the City had terminated the .Contractor's performance under this Contract for convenience pursuant to. Subparagraph 12.2.1 hereunder. Page 28 of 42