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2021_05-25_PWETCpacket
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2021_05-25_PWETCpacket
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5/28/2021 10:05:15 AM
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Public Works Commission
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Agenda/Packet
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5/25/2021
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6.17 idemnification <br />The Contractor agrees to defend, indemnify, and hold harmless the City, its officers, and <br />employees, from any liabilities, claims, damages, costs, judgments, and expenses, including <br />attorneys' fees, resulting directly or indirectly from malfeasance, misfeasance, negligence, or an <br />act or omission of the Contractor, its employees, its agents, or employees of subcontractors, in <br />the performance of the services provided by this Contract or by reason of the failure of the <br />Contractor to fully perform, in any respect, any of its obligations under this Contract. If a <br />Contractor is a self -insured agency of the State of Minnesota, the terms and conditions of <br />Minnesota Statute 3.732 et seq. shall apply with respect to liability bonding, insurance, and <br />liability limits. The provisions of Minnesota Statutes Chapter 466 shall apply to other political <br />subdivisions of the State of Minnesota. <br />6.18 Performance & Payment Bond <br />Contractor shall execute and deliver to the City a Performance Bond and a Payment Bond with <br />the corporate surety in the sum of $50,000 each, or equal ("equal" may include a Letter of Credit <br />from a banking institution approved by the City). This Contract shall not become effective until <br />such a bond, in a form acceptable to the City, has been delivered to the City and approved by the <br />City Attorney. <br />The executed Contract shall be subject to termination by the City at any time if said bond shall <br />be cancelled or the surety thereon relieved from liability for any reason. The term of such <br />performance bond shall be for the life of the executed Contract. Extensions or renewals shall <br />require the execution and delivery of a performance bond, and a payment bond, in the above <br />amounts to cover the period of extension or renewal. <br />6.19 Conflict of Interest <br />Contractor agrees that no member, officer, or employee of the City shall have any interest, direct <br />or indirect, in the executed Contract or the proceeds thereof. Violation of this provision shall <br />cause the executed Contract to be null and void, and the Contractor will forfeit any payments to <br />be made under the executed Contract. <br />6.20 Entire Contract <br />The executed Contract supersedes all verbal Contracts and negotiations between the parties <br />relating to the subject matter hereof, as well as any previous Contracts presently in effect <br />between the parties relating to the subject matter hereof Any alterations, amendments, deletions, <br />or waivers of the provisions of the executed Contract shall be valid only when expressed in <br />writing and duly signed by the parties, unless otherwise provided herein. <br />6.21 Contract Conditions <br />a) The City reserves the right to waive minor irregularities in the proposal documents <br />and to reject any or all proposals. The City reserves the right to enter into a Contract <br />with a Contractor who does not submit the lowest cost proposal. <br />RFP for City of Roseville Recycling Services . A-31 <br />
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