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DocuSign Envelope ID:7FFCOE71-7C9F-498C-9A8A-D9969FBC8D7D <br /> City of <br /> Fart CoWnS Official Purchasing Document <br /> Last updated 102017 <br /> with markups, stated within the Compensation section, attached hereto as Exhibit E, <br /> consisting of thirteen (13) pages, and incorporated herein by this reference. <br /> Payment shall be made by the City Net 30 days from the date of the invoice and upon <br /> acceptance of the work by the City and upon the Service Provider furnishing <br /> satisfactory evidence of payment of all wages, taxes, supplies and materials, and other <br /> costs incurred in connection with the performance of such work. <br /> 9. City Representative. The City's representative will be shown on the specific Work Order <br /> and shall make, within the scope of his or her authority, all necessary and proper decisions <br /> with reference to the work requested. All requests concerning this Agreement shall be <br /> directed to the City Representative. <br /> 10. Independent Contractor. It is agreed that in the performance of any services hereunder, <br /> the Service Provider is an independent contractor responsible to the City only as to the <br /> results to be obtained in the particular work assignment and to the extent that the work <br /> shall be done in accordance with the terms, plans and specifications furnished by the City. <br /> 11. Subcontractors. Service Provider may not subcontract any of the Work set forth in the <br /> Exhibit A, Statement of Work without the prior written consent of the city, which shall not <br /> be unreasonably withheld. If any of the Work is subcontracted hereunder (with the <br /> consent of the City), then the following provisions shall apply: (a) the subcontractor must <br /> be a reputable, qualified firm with an established record of successful performance in its <br /> respective trade performing identical or substantially similar work, (b) the subcontractor will <br /> be required to comply with all applicable terms of this Agreement, (c) the subcontract will <br /> not create any contractual relationship between any such subcontractor and the City, nor <br /> will it obligate the City to pay or see to the payment of any subcontractor, and (d) the work <br /> of the subcontractor will be subject to inspection by the City to the same extent as the <br /> work of the Service Provider. <br /> 12. Personal Services. It is understood that the City enters into the Agreement based on the <br /> special abilities of the Service Provider and that this Agreement shall be considered as an <br /> agreement for personal services. Accordingly, the Service Provider shall neither assign <br /> any responsibilities nor delegate any duties arising under the Agreement without the prior <br /> written consent of the city. <br /> 13. Acceptance Not Waiver. The City's approval or acceptance of, or payment for any of the <br /> services shall not be construed to operate as a waiver of any rights under the Agreement <br /> or of any cause of action arising out of the performance of this Agreement. <br /> 14. Warranty. <br /> a. Service Provider warrants that all work performed hereunder shall be performed with <br /> the highest degree of competence and care in accordance with accepted standards for <br /> work of a similar nature. <br /> Services Agreement—Work Order Type <br /> RFP 9227 CM/GC Services for Lemay Ave Realignment over the BNSF Railroad Tracks and Vine Dr Page 3 of 123 <br />