Res 1998-022 - Laserfiche WebLink

Home Browse Search

character in the locality in which the work is performed, and not less than the general prevailing rate of per diem wages for legal holiday and overtime work. The City has ascertained the general prevailing wage rate for each craft or type of worker or mechanic needed to execute the Contract and the rates are attached as Attachment A. 4.2 Forfeit as a penalty to the City $60.00 for each laborer, worker or mechanic employed, for each calendar day or portion of a day that the worker or mechanic is paid less than the prevailing wage rates established in this Contract. ARTICLE 5 TERM AND TERMINATION OF CONTRACT 5.1 The term of this Contract begins upon its execution by both parties, and will not exceed a period of 6 weeks unless this Contract is extended under or terminated under Sections 5.2 and 5.3 below. 5.2 Failure by either party to this Contract in performing any of its provisions will constitute a breach of Contract, in which case, either party may require corrective action within ten days (10) from date of receipt of written notice citing the exact nature of such breach. Failure to take corrective action or failure to provide a satisfactory written reply excusing such failure within the prescribed 10 days will constitute a default of Contract. The defaulting party will be given a twenty (20) day period within which to show cause why the Contract should not be terminated for default. City Council may take whatever action as its interest may appear, resulting from such notice. All notices for corrective action, breach, de~ault, or show cause, will be issued by the City Manager only, and all replies will be made in writing to the City Manager at the address shown on page one. Notices issued by or to anyone other than the City Manager will be null and void, and will be considered as not having been issued or received. The City reserves the right to enforce the performance of the Contract in any manner prescribed by law in the event of breach or default of the Contract, and may Contract with another party with or without solicitation of proposals or further notification to WHECO. At a minimum, WHECO will be required to pay any difference in the cost of securing the services covered by this Contract, or compensate for any loss or damage to the City derived hereunder should it become necessary to Contract with another source because of this default, plus reasonable administrative costs and attorney's fees. 5.3 The City reserves the right to terminate this Contract at will upon 30 days written notice for any reason deemed by the City to serve the public interest, or resulting from any governmental law, ordinance, regulations, or court order. No termination for convenience will be taken with the intention of awarding the same or a similar Contract to another source. In the event of such termination the City will pay WHECO those costs directly attributable to work done or supplies obtained in preparation for completion or compliance with this Contract prior to termination. Provided, however, that no costs will be paid which are recoverable in the normal course of doing business in which WHECO is engaged, or 5