2013-08-14 Agenda - Laserfiche WebLink

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the Contract Documents. 7.1.6. Contractor is aware of the general nature of work to be performed by City and others (if any) at the Project Site that relates to the work as indicated in the Contract Documents. 7.1.7. Contractor has correlated the information known to Contractor, information and observations obtained from visits to the Project Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. 7.1.8. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and a written resolution has been received from the Engineer which is acceptable to Contractor. In all other respects Contractor affirms that the Contract Documents are sufficient to indicate and convey an understanding of all terms and conditions for performance and furnishing of the work. Contractor fully accepted the Bid Proposal and Contract Documents authored by the City. 7.1.9. Contractor warrantees that its work; including that of any subcontractor or agent hired to perform work, will be free from defects and done in a workmanlike manner conforming to the standard of care in the industry. That all work performed and products installed are guaranteed to perform as intended or as designed for a period of no less than two years from the final payment date of the project, unless a longer period of warrantee is provided by a product manufacturer, service provider, or by operation of law. 7.1.10. Contractor agrees to hold the city harmless from all damages and claims for damages that may arise by reason of any negligence or violation of the law on the part of the contractor, contractors agents, subcontractors or employees, while engaged in the performance of this contract and agrees to take all precautions necessary to protect the public against injury, and to keep danger signals out at night and at such other times and such places as public safety may require. In addition, contractor agrees to keep in force statutory workers' compensation insurance. Additionally, the Contractor shall maintain liability coverage for all work covered under the contract naming the city as an additional insured in at least the amount of $300,000 per claimant and $1,000,000 for each incident. ARTICLE 8. Miscellaneous 8.1. Assignment of Contract No party may assign any rights under or interests in the Contract without the written consent of the party sought to be bound} and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent limited by law). Unless specifically stated to the contrary no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents or applicable law. 8.2. Severability Should any part of this Agreement or the Contract Documents be voided or found unenforceable as a matter of Law or Regulation, all remaining provisions shall continue to be valid and binding upon City and Contractor. In this event, the Parties now agree that this Agreement and the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 8.3. Forum The laws of the State of Minnesota and the United States of America shall apply to the Agreement and the Contract Documents. AGREEMENT BETWEEN CITY OF CENTERVILLE AND Capra Utilities, Inc. PAGE NO. 3 of 21