Breaches and Dispute Resolution
All contracts over $100,000.
Dispute Resolution. The parties shall attempt to resolve any dispute related to this
Contract as follows. Either party shall provide to the other party, in writing and with full
documentation to verify and substantiate its decision, its stated position concerning the
dispute. No dispute shall be considered submitted and no dispute shall be valid under this
provision unless and until the submitting party has delivered the written statement of its
position and full documentation to the other party.
The parties shall then attempt to resolve the dispute through good faith efforts and
negotiation. Unless otherwise directed by the City, at all times Seller shall continue
performance under the Contract Documents while matters in dispute are being resolved. If
the parties are unable to resolve their dispute as described above within 30 days, the
parties’ reserve the right to pursue any available legal and/or equitable remedies for any
breaches of this contract except as that right may be limited by the terms of this Contract.
Should either party to the Contract suffer injury or damage to person or property because
of any act or omission of the party or of any of its employees, agents or others for whose
acts it is legally liable, a claim for damages therefore shall be made in writing to such other
party as soon as practicable after the first observance of such injury or damage.
Duties and obligations imposed by the Contract Documents and the rights and remedies
available thereunder shall be in addition to and not a limitation of any duties, obligations,
rights and remedies otherwise imposed or available by law.
Disadvantaged Business Enterprise
1. The contractor, subrecipient or subcontractor shall not discriminate on the basis of
race, color, national origin, or sex in the performance of this contract. The contractor shall
carry out applicable requirements of 49 C.F.R. part 26 in the award and administration of
DOT-assisted contracts. Failure by the contractor to carry out these requirements is a
material breach of this contract, which may result in the termination of this contract or such
other remedy as the recipient deems appropriate, which may include, but is not limited to:
a. Withholding monthly progress payments;
b. Assessing sanctions;
c. Liquidated damages; and/or
d. Disqualifying the contractor from future bidding as non-responsible. 49 C.F.R. §
26.13(b).
2. The contractor shall not discriminate on the basis of race, color, religion, national
origin or sex in the performance of this contract. The contractor shall carry out applicable
requirements of 49 CFR Part 26 in the award and administration of this contract. Failure by
the contractor to carry out these requirements is a material breach of this contract, which
may result in the termination of this contract or such other remedy as the municipal
corporation deems appropriate. Each subcontract the contractor signs with a subcontractor
must include the assurance in this paragraph (see 49 CFR 26.13(b)).
