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with all federal, state, and local laws and ordinances applicable to the services to be
<br />performed under this Agreement, including all safety standards. The Contractor shall be
<br />solely and completely responsible for conditions of the job site, including the safety of all
<br />persons and property during the performance of the services.
<br />2. Commencement of Work. The Contractor shall commence work on the Project within
<br />ten (10) days of the date of the Notice to Proceed given by the City Engineer and shall
<br />have the Work substantially complete within the period specified in the Contract
<br />Documents. Failure to complete the work within this period will be cause for the
<br />Contractor to forfeit the amount as required by the Special Provisions terms of the
<br />Contract Documents.
<br />3. Contractor Compensation. The Owner shall compensate Contractor for the Work in the
<br />amount of $823,126.51 based upon the Contractor's accepted bid subject to any additions
<br />or deductions provided therein, payment shall be made pursuant to the payment
<br />provisions outlined in the Contract Documents.
<br />4. Independent Contractor Relationship. It is expressly understood that the Contractor is an
<br />"independent contractor" and not an employee of the City. The Contractor shall have
<br />control over the manner in which the services are performed under this Agreement. The
<br />Contractor shall supply, at its own expense, all materials, supplies, equipment and tools
<br />required to accomplish the work contemplated by this Agreement. The Contractor shall
<br />not be entitled to any benefits from the City, including, without limitation, insurance
<br />benefits, sick and vacation leave, workers' compensation benefits, unemployment
<br />compensation, disability, severance pay, or retirement benefits.
<br />5. Insurance Requirements.
<br />A. Liability. The Contractor agrees to maintain commercial general liability insurance in
<br />a minimum amount of $1,500,000 per occurrence; $2,000,000 annual aggregate. The
<br />policy shall cover liability arising from premises, operations, products -completed
<br />operations, personal injury, advertising injury, and contractually assumed liability.
<br />The City shall be named as an additional insured.
<br />B. Automobile Liability. If the Contractor operates a motor vehicle in performing the
<br />services under this Agreement, the Contractor shall maintain commercial automobile
<br />liability insurance, including owned, hired, and non -owned automobiles, with a
<br />minimum liability limit of $1,000,000, combined single limit.
<br />C. Workers' Compensation. The Contractor agrees to comply with all applicable
<br />workers' compensation laws in Minnesota.
<br />D. Certificate of Insurance. The Contractor shall, prior to commencing services, deliver
<br />to the City a Certificate of Insurance as evidence that the above coverage's are in full
<br />force and effect.
<br />6. Indemnification. To the fullest extent permitted by law, the Contractor agrees to defend,
<br />indemnify and hold harmless the City, and its employees, officials, volunteers and agents
<br />from and against all claims, actions, damages, losses and expenses, including attorney
<br />fees, arising out of the Contractor's negligence or the Contractor's performance or failure
<br />to perform its obligations under this Agreement. The Contractor's indemnification
<br />obligation shall apply to the Contractor's subcontractor(s), or anyone directly or
<br />indirectly employed or hired by the Contractor, or anyone for whose acts the Contractor
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