City, in its sole discretion, determines that time is critical or public health and safety are of concern.
Any verbal approval shall be confirmed in writing as soon as practicable. Any change undertaken
without prior City approval shall not be compensated and is, at the City's election, sufficient reason
for contract termination.
6. CITY COOPERATION. The City agrees that its personnel will cooperate with Service
Provider in the performance of its work under this contract and that such personnel will be
available to Service Provider for consultation at reasonable times and after being given sufficient
advance notice that will prevent conflict with their other responsibilities. The City also agrees to
provide Service Provider with access to City records in a reasonable time and manner and to
schedule items that require action by the Board of Public Works and Finance Committee in a
timely manner. The City and Service Provider also agree to attend all meetings called by the City
or Service Provider to discuss the work under the Contract, and that Service Provider may elect to
conduct and record such meetings and shall later distribute prepared minutes of the meeting to the
City.
7. DISCOVERY OF CONFLICTS, ERRORS, OMISSIONS, AMBIGUITIES, OR DISCREPANCIES.
Service Provider warrants that it has examined all contract documents, has brought all conflicts,
errors, discrepancies, and ambiguities to the attention of the City in writing, and has concluded
that the City's resolution of each matter is satisfactory to Service Provider. All future questions
Service Provider may have concerning interpretation or clarification of this contract shall be
submitted in writing to the City within 10 calendar days of their arising. The writing shall state
clearly and in full detail the basis for Service Provider's question or position. The City
representative shall render a decision within 15 calendar days. The City's decision on the matter is
final. Any work affected by a conflict, error, omission, or discrepancy which has been performed
by Service Provider prior to having received the City's resolution shall be at Service Provider's risk
and expense. At all times, Service Provider shall carry on the work under this contract and
maintain and complete work in accordance with the requirements of the contract or determination
of the City. Service Provider is responsible for requesting clarification or interpretation and is
solely liable for any cost or expense arising from its failure to do so.
8. TERMINATION OF CONTRACT
A. TERMINATION, ABANDONMENT, OR SUSPENSION AT WILL. The City, in its sole
discretion, shall have the nght to terminate, abandon, or suspend all or part of the project and
contract at will. Ifthe City chooses to terminate, abandon, or suspend all or part of the project, it
shall provide Service Provider 10 day’s written notice of its intent to do so.
If all or part of the project is suspended for more than 90 days, the suspension shall be treated as a
termination at will of all or part of the project and contract.
Upon receipt of notice of termination, abandonment, or suspension at will, Service Provider shall:
1. Immediately discontinue work on the date and to the extent specified in the notice.
2. Place no further orders or subcontracts for materials, services, or facilities, other
than as may be necessary or required for completion of such portion of work under
the contract that is not terminated.
3. Immediately make every reasonable effort to obtain cancellation upon terms
satisfactory to the City of all orders or subcontracts to the extent they relate to the
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