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CITY OF ARDEN HILLS, MN <br />CONTRACT FOR THE COLLECTION OF RESIDENTIAL RECYCLABLE MATERIALS Page 7 <br />3.4. The Contractor will acquaint itself with all pertinent City Ordinances and other City <br />guidelines and comply with said ordinances and guidelines. <br /> <br />3.5. The Contractor has made its own examination, investigation and research regarding <br />the proper method of doing the work, and all conditions affecting the work to be done <br />(including street layout, alley layout, overhead obstructions preventing automated <br />lifting of carts, other geography, daily route sector boundaries, etc.) and the labor, <br />equipment and materials needed thereon, and the quantity of work to be performed <br />(including the Contractor’s own field verification of RDU and MDU estimates <br />provided by the City), and the Contractor agrees that it has satisfied itself by its own <br />investigation and research regarding all of such conditions, and that this conclusion to <br />enter into the proposed Contract is based upon such investigation and research, and <br />that it shall make no claim against the City because of any of the estimates, statements, <br />or interpretations made by any official officer or agent of the City which may prove to <br />be in any respect erroneous. The Contractor so assumes the risk of all conditions <br />foreseen and unforeseen and agrees to complete the work without additional <br />compensations under whatever circumstances may develop other than as herein <br />provided. <br /> <br />3.6. Household recyclables collection service from eligible RDUs shall be performed <br />exclusively by the Contractor. <br /> <br />3.7. The Contractor shall be obligated to protect all public and private utilities whether <br />occupying public or private property. If such utilities are damaged by reason of the <br />Contractor’s operations under this Contract, it shall repair or replace same or, failing to <br />do so promptly, the City shall cause repairs or replacements to be made and the cost of <br />doing so shall be deducted from payment to be made to the Contractor. <br /> <br />3.8. In performing any actions or services under this Contract, the Contractor shall comply <br />with any and all federal and state statutes, rules and regulations and any and all City <br />and County ordinances and regulations pertaining to or regulating the provision of <br />such services or actions, including those now in effect or hereafter adopted. <br /> <br />Any violation of such statutes, ordinances, rules or regulations by the Contractor shall <br />entitle the City to take appropriate corrective action. Any material violation by the <br />Contractor shall entitle the City to terminate this Contract upon twenty-one (21) days <br />written notice of termination to the Contractor except as provided elsewhere herein. <br />Prior to exercising the right of termination, the City shall notify the Contractor in <br />writing and consult with the Contractor in an effort to resolve the dispute. The <br />Contractor may have up to twenty-one (21) days to cure a violation prior to the City’s <br />exercise of its termination right, provided that such an opportunity to cure is not in <br />conflict with the provisions of the subject law, ordinance, rule, or regulation. <br />However, the opportunity to cure shall not apply to subsequent and repeated violations <br />of the same law, ordinance, rule or regulation.