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CITY OF ARDEN HILLS, MN <br />CONTRACT FOR THE COLLECTION OF RESIDENTIAL RECYCLABLE MATERIALS Page 14 <br /> <br />Such policies shall provide for ten (10) days’ notice to the City of any change, <br />cancellation, or lapse of such policy. The Certificates of Insurance shall name the City <br />as an additional insured, and state that the Contractor’s coverage shall be the primary <br />coverage in the event of a loss. Acceptance of the insurance by the City shall not <br />relieve, limit or decrease the liability of the Contractor. <br /> <br />The Contractor shall further guarantee and save harmless and indemnify the City of <br />and from any and all loss, damage, claims, suits, judgments and recoveries which may <br />be asserted, made or may arise or be had, brought or recovered against the City by <br />reason of any of the foregoing claims except such as are caused by the existence of the <br />disposal sites at the locations specified or contemplated in the Contract; and that it <br />shall immediately appear and defend the same as its own cost and expense. <br /> <br />Prior to the effective date of this Contract, the Contractor shall file a copy of such <br />policies with the Recycling Coordinator. <br /> <br /> <br />10. Payment and Performance Bonds/Letter of Credit <br />10.1. Before the Contract shall be valid or binding against the City, the Contractor shall <br />provide both a Payment Bond and a Performance Bond to the City of Arden Hills for <br />the use of said City, and also for the use of anyone who may perform or cause to be <br />performed any work or labor, or furnish or cause to be furnished any skill, labor, <br />equipment, or materials in the execution of such Contract, which bonds shall be signed <br />by the Contractor and shall be in the amount of fifty (50) percent of the yearly <br />Contract amount. The Bonds shall at all times be kept in full force and effect. The <br />Bonds or Letters of Credit shall be approved by the City Attorney and filed with the <br />City Clerk or designee. <br /> <br />10.2. The conditions of the Bonds or Letters of Credit shall be that the Contractor shall fully <br />and faithfully perform all conditions of the Contract and these specifications; shall pay <br />anyone who may perform or cause to be performed any work or labor, or furnish or <br />cause to be furnished any skill, labor, equipment or material in the execution of such <br />Contract; and such Bonds or Letters of Credit shall provide the full amount thereof and <br />shall be forfeited upon the Contractor’s failure to comply therewith. <br /> <br /> <br />11. Transferability of Contract <br />11.1. Other than by operation of law, no transfer or assignment of the Contract or any right <br />accruing under this Contract shall be made in whole or in part by the Contractor <br />without the express written consent of the City. In the event of an assignment, the <br />Contractor shall act as a guarantor of the assignee’s satisfactory performance of all <br />Contractual obligations. <br />