2017-12-13 CC Packet - Laserfiche WebLink

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CITY OF CENTERVILLE the picking up of the materials and the operation of vehicles. 9. Approval of the insurance by the City shall not in any way relieve or decrease the liability of the Contractor hereunder, and it is expressly understood that the City does not in any way represent that the above specified insurance or limits of liability are sufficient or adequate to protect the Contractor's interests or liabilities. 10. Property Insurance. All responsibility for maintaining property insurance on any premises or structures owned or operated by the Contractor remains solely with the Contractor, who may at its option insure against any other perils, and such responsibility shall remain with the Contractor until such time as the Contract is terminated. 11. Notice of Cancellation or Non-Renewal. The City shall be given at least thirty- (30) days prior written notice of any cancellation,termination or material modification of the required insurance coverages. 12. Deductibles. All responsibility for payment of any sums resulting from any deductible provisions, corridor, or self-insured retention conditions of the policy or policies shall remain with the Contractor. I. Termination 1. The City shall have the right to terminate the Contract if in the City's judgment, there has been a breach of any material provision thereof by the Contractor, or if in the City's judgment there is other good cause for termination. Continuing breach or good cause shall not be deemed acceptable because it was not followed by prompt termination. 2. Upon the failure of the Contractor to fulfill any of the provisions of the Contract, the City Administrator shall be authorized to hire such persons and equipment, or assign City employees and equipment, as may be necessary to do such work and the cost of such expenses thereof may be charged and deducted from any monies due the Contractor, collected from the Contractor, or collected by recourse to the Contractor's bond or financial guarantee instrument submitted. 3. Notwithstanding Section I., 1 & 2, Contractor shall not be in breach and City shall have no right to terminate this agreement unless Contractor fails to cure said breach or failure to perform within seven (7) days of written notice from the City to the Contractor. The breach or failure must be cured to the satisfaction of the City Administrator. Notice required in this paragraph is sufficient if delivered by email to Contractor's designated representative. J. Performance Bond 1. The Contractor shall provide surety, at no cost to the City, in the amount of 5100,000.00, either in the form of an irrevocable letter of credit or a performance bond, executed by a corporate surety company authorized to do business in the State of Minnesota to secure the faithful performance of this contract by said Contractor conditioned that the Contractor shall well and truly perform and carry out the covenants, terms, and conditions of the contract in strict accordance with its provisions. The contract shall be subject to termination by the City at any time if said surety shall be canceled or the surety thereon relieved from liability because of failure to pay the premium or termination of the period of the surety without renewal thereof. The Contractor shall maintain this surety for the period of the contract and for a period of one-year following termination of the contract. Notice of termination of the surety shall be sufficient reason for the City to liquidate and payout the surety to the City. 2. Evidence of insurability and of the proposer's ability to secure a performance bond or an irrevocable C:\Users\ksweeneyWppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\MVN8XPQK\2017 Garbage and Recycling RFP kbg 12052017.doc Page 113 99M