Laserfiche WebLink
DocuSign Envelope ID:7FFCOE71-7C9F-498C-9A8A-D9969FBC8D7D <br /> City ofFp f-`Collins Official Purchasing Document e i r <br /> +ert3si r� Last updated 1012017 <br /> b. Unless otherwise provided in the Agreement, all materials and equipment incorporated <br /> into any work shall be new and, where not specified, of the most suitable grade of their <br /> respective kinds for their intended use, and all workmanship shall be acceptable to <br /> City. <br /> c. Service Provider warrants all equipment, materials, labor and other work, provided <br /> under this Agreement, except City-furnished materials, equipment and labor, against <br /> defects and nonconformances in design, materials and workmanship/workwomanship <br /> for a period beginning with the start of the work and ending twelve (12) months from <br /> and after final acceptance under the Agreement, regardless whether the same were <br /> furnished or performed by Service Provider or by any of its subcontractors of any tier. <br /> Upon receipt of written notice from City of any such defect or nonconformances, the <br /> affected item or part thereof shall be redesigned, repaired or replaced by Service <br /> Provider in a manner and at a time acceptable to City. <br /> 15. Default. Each and every term and condition hereof shall be deemed to be a material <br /> element of this Agreement. In the event either party should fail or refuse to perform <br /> according to the terms of this Agreement, such party may be declared in default thereof. <br /> 16. Remedies. In the event a party has been declared in default, such defaulting party shall <br /> be allowed a period of ten (10) days within which to cure said default. In the event the <br /> default remains uncorrected, the party declaring default may elect to (a) terminate the <br /> Agreement and seek damages; (b) treat the Agreement as continuing and require specific <br /> performance; or (c) avail himself of any other remedy at law or equity. If the non- <br /> defaulting party commences legal or equitable actions against the defaulting party, the <br /> defaulting party shall be liable to the non-defaulting party for the non-defaulting party's <br /> reasonable attorney fees and costs incurred because of the default. <br /> 17. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire <br /> Agreement between the parties and shall be binding upon said parties, their officers, <br /> employees, agents and assigns and shall inure to the benefit of the respective survivors, <br /> heirs, personal representative, successors and assigns of said parties. <br /> 18. Indemnity/Insurance. <br /> a. The Service Provider agrees to indemnify and save harmless the City, its officers, <br /> agents and employees against and from any and all actions, suits, claims, demands or <br /> liability of any character whatsoever, brought or asserted for injuries to or death of any <br /> person or persons, or damages to property arising out of, result from or occurring in <br /> connection with the performance of any service hereunder. <br /> b. The Service Provider shall take all necessary precautions in performing the work <br /> hereunder to prevent injury to persons and property. <br /> c. Without limiting any of the Service Provider's obligations hereunder, the Service <br /> Provider shall provide and maintain insurance coverage naming the City as an <br /> additional insured under this Agreement of the type and with the limits specified within <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 4 of 123 <br />