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2014-05-28 CC Packet
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2014-05-28 CC Packet
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tests, studies,or data are necessary for the performance of the work at the Contract Price, <br /> within the Contract Deadlines, and in accordance with the other terms and conditions of <br /> the Contract Documents. <br /> 7.1.6. Contractor is aware of the general nature of work to be performed by City and others (if <br /> any)at the Project Site that relates to the work as indicated in the Contract Documents. <br /> 7.1.7. Contractor has correlated the information known to Contractor, information and <br /> observations obtained from visits to the Project Site, reports and drawings identified in <br /> the Contract Documents, and all additional examinations, investigations, explorations, <br /> tests, studies,and data with the Contract Documents. <br /> 7.1.8. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or <br /> discrepancies that Contractor has discovered in the Contract Documents, and a written <br /> resolution has been received from the Engineer which is acceptable to Contractor. In all <br /> other respects Contractor affirms that the Contract Documents are sufficient to indicate <br /> and convey an understanding of all terms and conditions for performance and furnishing <br /> of the work. Contractor fully accepted the Bid Proposal and Contract Documents <br /> authored by the City. <br /> 7.1.9. Contractor warrantees that its work, including that of any subcontractor or agent <br /> hired to perform work, will be free from defects and done in a workmanlike manner <br /> conforming to the standard of care in the industry. That all work performed and <br /> products installed are guaranteed to perform as intended or as designed for a period <br /> of no less than two years from the final payment date of the project, unless a longer <br /> period of warrantee is provided by a product manufacturer, service provider, or by <br /> operation of law. <br /> 7.1.10. Contractor agrees to hold the city harmless from all damages and claims for damages that <br /> may arise by reason of any negligence or violation of the law on the part of the <br /> contractor, contractors agents, subcontractors or employees, while engaged in the <br /> performance of this contract and agrees to take all precautions necessary to protect the <br /> public against injury, and to keep danger signals out at night and at such other times and <br /> such places as public safety may require. In addition, contractor agrees to keep in force <br /> statutory workers' compensation insurance. Additionally, the Contractor shall maintain <br /> liability coverage for all work covered under the contract naming the city as an additional <br /> insured in at least the amount of$300,000 per claimant and$1,000,000 for each incident. <br /> ARTICLE 8. Miscellaneous <br /> 8.1. Assignment of Contract <br /> No party may assign any rights under or interests in the Contract without the written consent of <br /> the party sought to be bound; and, specifically but without limitation, moneys that may become <br /> due and moneys that are due may not be assigned without such consent (except to the extent <br /> limited by law). Unless specifically stated to the contrary no assignment will release or discharge <br /> the assignor from any duty or responsibility under the Contract Documents or applicable law. <br /> 8.2. Severability <br /> Should any part of this Agreement or the Contract Documents be voided or found unenforceable <br /> as a matter of Law or Regulation, all remaining provisions shall continue to be valid and binding <br /> upon City and Contactor.In this event,the Parties now agree that this Agrem-=t and the Cor±W Docs writs <br /> shall be reformed to replace such stricken provision or part thereof with a valid and enforceable <br /> provision that comes as close as possible to expressing the intention of the stricken provision. <br /> AGREEMENT BETWEEN CITY OF CENTERVILLE AND <br /> C & L Excavating, Inc. <br /> PAGE NO. 3 of 4 <br /> 17 <br />
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